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Litigation is the process of taking the legal action to the court. It is the ultimate legal method of settling the controversies among the disputed parties. It is the way of solving the dispute through court hearing or judgment. It begins at the moment where the disputed parties decide to formally enforce or defend their legal rights. Jyotsna Legal Concern has a legal expert who represents both plaintiff and defendant in civil cases, and defendant in criminal cases. Before the litigation, we provide the service which includes drafting of documents that needs to be registered in the court for plaintiff and defendant as well; and identify merits and demerits of the case and strategize on the most persuasive arguments for trial. For the dispute resolution, Jyotsna Legal Concern represents the clients before the judicial and quasi- judicial bodies.
Alternative Dispute Resolution is the different way of tackling the dispute which is outside the courtroom. It includes the procedure without any litigation and is less costly. It helps the disputed parties to solve their dispute through neutral third parties. This procedure of resolving the dispute will preserve the relationship by helping the parties cooperate instead of creating one winner and one loser. Jyotsna Legal Concern believes that litigation may be a necessary component of a dispute resolution strategy, but it is only one of the problem-solving tools we apply to resolve disputes. Jyotsna Legal Concern helps our clients assess their options and choose the best path forward and assist the client in advising the ADR and review/draft final settlement agreements. Jyotsna Legal Concern provides a systematic service to the clients to settle the legal disputes by reducing the litigation exposures.
Company Incorporation is the legal process to establish a company and get recognized as a separate legal entity. In context to Nepal, Company Act 2063 governs the incorporation of the company. It is the process of formally organizing the business and bringing its legal existence. The incorporation of the company is a widely used legal vehicle for operating the business. Incorporated businesses can take the risks that make growth possible without exposing the shareholders. After the incorporation of the company, the company must follow various compliances according to the relevant laws and regulations. Depending on what industry you work in, you might have to comply with large, complex sets of laws that have a significant impact on your operations. It involves keeping a watchful eye on an ever-changing legal and regulatory climate, and making the changes necessary for the business to continue its operation. Enforcing compliance in corporate policy will help the company prevent and detect violations of rules. This can save the organization from fines and lawsuits. Jyotsna Legal Concern provides a pre-eminent service for company incorporation and its compliances after incorporations by the experienced lawyer. We assist our clients in determining the capital and recommend the most tax efficient structure required based on the nature of business. We develop and design the checklist for corporate compliances and provide advisory on rectification of the non-compliance issues. We further draft all the required documents for company incorporation and assist in filing of the compliance documents to the relevant government registries.
Contract is a legally binding agreement made between two or more than two parties which is exchanged for future benefit. The contract can be legally enforceable only if it fulfills its essential elements. It generally states the work that will be performed, along with important information. Contracts govern the relationship between the parties – before, during, and after the agreed upon services or transaction. When a party to a contract fails to fulfill agreed-upon obligations, he or she can be held accountable for the breach if there is an existing record of the contract.In the event of a dispute between the parties (or even with a third-party), the contract may govern the parties’ obligations and the dispute resolution process. Jyotsna Legal Concern provides our clients the best advice and makes it as easy as possible. We meet our clients and understand their clause and draft and review the contract before the client signs the document. We ensure that our clients understand the risks involved, and then prepare legal documentation to address these issues. There are various types of contracts acknowledged by Jyotsna Legal Concern, such as: i) general contract, ii) Joint Venture Agreement, iii) Corporate Contract, iv) employment contract, v) lease agreement, vi) pre-registration agreement/ shareholders' agreement, vii)Non- disclosure agreement, ix) service agreement.
FDI is the investment upon a business by an individual/s or the corporate from one nation to another nation. It is an important contributor for accessing new skills, technologies, international business practices and its markets. It is the prominent strategy for economic development and enhancement of efficiency. Investors who invest in FDI can often benefit from greater diversification and create various opportunities. Nepal has introduced many provisions to attract FDI including a set of legal, regulatory and institutional framework. The Foreign Investment in Nepal is regulated and administered by Foreign Investment and Technology Transfer Act (FITTA) 2019 and Industrial Enterprises Act (IEA) 2016 where the Department of Industries (DOI) is the sole agency for administration and implementation of Foreign Investment & Technology Transfer Act in Nepal. Jyotsna Legal Concern provides assistance to foreign companies for routing entry strategies for investment in Nepal and assisting them through Government regulations and procedures for setting up their operations in Nepal. We assist our clients in structuring of investment including the joint ventures and conducting legal due–diligence of the target company. We also assist clients in Industrial licensing, Government contracts, transfer of technology and licensing and repatriation.
ntellectual Property allows people to earn the profit via. their own creativity. Like any other property rights, intellectual property rights help the creator feel secure in his/her own property and encourage new inventions and technologies. Nepal has formulated various acts and policies related to intellectual property for protecting intellectual property. The primary laws regulating the intellectual property right in Nepal are governed by Patent, Design and Trademark Act 1965; and Copyright Act 2002. As a legal advisor, Jyotsna Legal Concern provides counsel about right and obligation of the clients in regards to the intellectual property, and assists them in the process of filing Intellectual Property application. We cater to the protection of intellectual property such as trademark, patent, copyright and as such and help our clients create and preserve their brands.
Tax is the imposition of compulsory levies on individuals or entities by governments. Governments impose charges on their citizens and businesses as a means of raising revenue, which is then used to meet their budgetary demands. This includes financing government and public projects as well as making the business environment in the country conducive for economic growth. In context to Nepal there are different taxes in which the businesses are subject to, such as- income tax, value-added tax, withhold tax and customs duty. Jyotsna Legal Concern provides a range of services related to taxes including registration at inland revenue office , obtaining your PAN card, updating timely on respective government offices and mitigating your tax liability.
Legal Secretary is responsible for upholding governing documents, ensuring the organized meeting minutes, confirming legal requirements and retrieving relevant documents. Jyotsna Legal Concern acts as a custodian of the company's governing document and ensures that the company law requirements are met. We also maintain effective filing of minutes and reports including the records of organizational activities.
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