INVESTMENT PORTFOLIOS

ASC Solicitors & Advocates has lawyers with experience in the areas of real estate law, and laws pertaining to the hospitality sector. They can help you in fulfilling regulatory compliances and licensing requirements, franchising agreements, and all other matters and disputes related to the tourism and hospitality sectors.

The Firm advises a suitable structure for real estate funds from an Indian legal, tax and regulatory perspective and in undertaking related documentation and also advises clients on implementation of SEZ projects throughout India. Some of the areas in which it provides support are:

  • Drafting and Conveyancing
  • Conducting Property Due Diligences
  • Structuring Real Estate Acquisition
  • Development of Engineering and Infrastructure Projects
  • FDI in Real Estate in India or Abroad
  • Acquisitions, Disposals and Sales Transactions for Indian and International Clients
  • Evaluation of Risk and Return at Country, Market or Deal Level
  • Property Title Searches and Due Diligence Exercises
  • Commercial and Personal Leases & Licenses
  • Business Conducting Arrangements
  • India is a vast land and has the availability of best medical hands.
  • Cheap medical support & treatment, the comfort of a house with family members and other relaxing entertainments. (homely comfort)
  • Tourism is also having a great scope with International standards.
  • (Mr. Sinha is in a position to provide full support and even a joint venture in this sector with good and reliable Indian partners.)

Our expert team will negotiate and help you in finding Land Licenses and Approvals, drafting of MOUs, Agreements and Execution of projects.

India is a developing country and has a great potential in rapid economic growth.  India, our country is a huge, beautiful land full of wonders. From the Himalayas to the Indian Ocean, from Thar Desert to the snowy mountains of Sikkim, It is a country full of beautiful sights and beautiful people.

It is a unique country with diversity.  “Unity is diversity” is main slogan of country.

 India is known for diversity in region, in languages, in food, in clothes, in festival, in states, etc. which uniquely represents country and its people.

India is a country where people are changed according to location. Every state has its incredible beauty of heritage as well as nation. Every state has its own religion story.

Our fields are fed by the mighty rivers like the Ganges, Yamuna, Brahmaputra, Godavari, Narmada, Krishna and Kavery.

India consists of beautiful locations, which are point of attraction for tourists. The Taj Mahal, Fatehpur Sikri, The Qutub Minar and The Red Fort are few for the many wonders which attract human curiosity.

Kashmir has been described as a paradise on earth.

India, the country of mountains, valleys, rivers and lakes is a fit abode for the Gods. Ooty, Niligiris and the temples of south India, as Kajuraho, Ajanta, and Ellora caves are the places we can boost of.

India is the most digitally advanced traveler nation in terms of digital tools being used for planning, booking, and experiencing a journey. India’s rising middle class and increasing disposable income has supported the growth of domestic and outbound tourism.

During 2019, foreign tourist arrivals (FTAs) in India stood at 10.89 million, achieving a growth rate of 3.20% y-o-y. During 2019, FEEs from tourism increased 4.8% y-o-y to Rs. 1,94,881 crore (US$ 29.96 billion). In 2019, arrivals through e-Tourist Visa increased by 23.6% y-o-y to 2.9 million.

International hotel chains are increasing their presence in the country, and it will account for around 47% share in the tourism and hospitality sector of India by 2020 and 50% by 2022.

ASC Solicitors and Advocates aims to promote golf tourism as a niche product for attracting both international and domestic tourists.

  • Project cost 500 crores approximately.
  • Time period 6 months to 1 year.
  • Land can be made available through my contacts.
  • Subsidiary from Government and Central Government can be made available.
  • Clearances and licenses can be made available through my contact and status at the earliest without hassles.
  • All central and state government support can be made available to you.

Since Mr. Alok Sinha President of Bhartiya Society/ Bhartiya Legal Support Foundation is promoting investments for the Win-Win situation of investor and country at large and also fulfilling the objective of Hon’ble Prime Minister Narendra Modi ji.

Mr. Sinha is a very influential and knowledgeable person to make available all the necessary support to you.

SCOPE AND PROFITABILITY

  • Vision of our Hon’ble Prime Minister Shri Modi Ji (Make in India concept).
  • Investment from USA and European countries are also coming to India for cheap economic labour, stable government and English speaking country etc.

Note: – Lot of Investment is coming to India from Japan, Korea, and Taiwan etc. who are very keen Golfers.

Hence there is a tremendous scope in International Tourism and Golf Resort for development and profitability.

ROAD AHEAD

Staycation is seen as an emerging trend were people stay at luxurious hotels to revive themselves of stress in a peaceful getaway. To cater to such needs, major hotel chains such as Marriott International, IHG Hotels & Resorts and Oberoi hotels are introducing staycation offers were guests can choose from a host of curated experiences, within the hotel.

India’s travel and tourism industry has huge growth potential. The industry is also looking forward to the expansion of e-Visa scheme, which is expected to double the tourist inflow in India. India’s travel and tourism industry has the potential to expand by 2.5% on the back of higher budgetary allocation and low-cost healthcare facility according to a joint study conducted by Assocham and Yes Bank.

Stressed assets have been rising rapidly in India, mainly in public sector banks. A number of factors can be identified that have led to this situation. These include global slow down, governance related issues, political factors as well as mal-intentions and misconduct. Consequently, significant losses are incurred by the public as well as the Union Government which basically owns public sector banks. The chances of misconduct are substantially large in case of infrastructure project especially under public private partnership. There is need to take this opportunity to undertake extensive research into the factors which have led to deteriorating asset quality in public sector banks.

A significant rise in non-performing assets (NPAs) of the banking system, especially public sector banks (PSBs), is a matter of concern, and the Reserve Bank of India (RBI), Central Government and commercial banks are trying to address the situation. The global slowdown and uncertain market conditions are generally blamed for the grim banking situation. The general refrain of PSBs is that they operate under constraints, are vulnerable to political pressures, and are not on equal footing with private financial institutions as they have to lend to certain segments of the economy in consideration of social responsibilities. However, the trend in stressed assets reveals that higher NPAs are spread-out across the economy, including priority sector. And major stressed sectors are infrastructure, iron and steel, textiles, aviation and mining. Therefore, it would be interesting to examine important causes and reasons to help in correcting the situation.

 In a slowing economy, it is natural to assume that NPAs will increase but the primary cause of rising NPAs may not only be economic slowdown but also deficiencies in procedures followed in extending and monitoring credit itself as there are significant differences in approaches pursued by PSBs and private sector banks (PVBs). This difference in approach can be easily isolated if a common commodity is considered, illustratively, tractor financing where anecdotally, NPAs in PSBs were nearly 50 percent of the portfolio, a few years ago. In addition, there could be at play still more factors like mal-intentions, and/or misconduct by the borrowers, many a times with connivance of the bank staff.

It is not the first time that stressed assets have increased in the economy. In 1994, India had recorded higher levels of stressed assets as a percentage of total advances than in 2015 but with prudent policy was able to tame them. Similarly, in recent times, having recognized the rising levels of stressed assets and sectors where stress is occurring, India can address the concerns in the banking sector.

Despite several existing schemes and interventions by the Reserve Bank of India (RBI), the problem of bad debt has plagued the Indian banking system. For years, various high value accounts have undergone restructurings that have not resolved stress or the underlying imbalance in the capital structure, or addressed the viability of the business.

The existing RBI stipulated resolution mechanism included corporate debt restructuring (CDR), strategic debt restructuring (SDR), change in ownership outside the strategic debt restructuring (Outside SDR), the scheme for sustainable restructuring of stressed assets, etc. All of these were implemented under the framework of the Joint Lenders’ Forum (JLF).

On February 12, 2018, the RBI decided to completely revamp the guidelines on the resolution of stressed assets and withdrew all its existing guidelines and schemes. The guidelines/framework for JLF was also discontinued.

The New Framework

The new framework requires that as soon as there is a default in a borrower entity’s account with any lender, the lenders shall formulate a resolution plan. This may involve any action, plan or reorganization including change in ownership, restructuring or sale of exposure etc. The resolution plan is to be clearly documented by all the lenders even where there is no change in any terms and conditions.

Finances are the backbone for the growth of every organization whether big or small. With the concept of universal Banking taking roots in the system and relaxations permitted by RBI from time to time, Commercial Banks have shown enthusiasm in participating in this specialized field of financing.

Project financing is a technique that has been used to fund the corporate projects. Around the world, project financing is emerging as more preferred alternative to conventional methods of financing infrastructure and other large-scale projects.

ASC helps and counsels It handholds clients from project’s initiation until its completion and throughout the years of planning, structuring innovative financings, bid transaction advisory, preparing contract documentation, handling negotiations and dispute resolution.
The firm advises government authorities and regulatory bodies, multinational corporations and multilateral institutions in infrastructure projects and has developed expertise in infrastructure project finance and concession agreements. The firm has also advised on procedures and obtaining approvals from government authorities especially in following sectors:

  • Airports
  • Ports
  • Railways Roads & Highways
  • Mining
  • Energy
  • Telecommunications
  • Hospitals

It acts on international & regional matters providing support and advice on all aspects of a project including:

  • Initial Structuring at Tendering Stage
  • Preliminary Negotiations
  • Preparation and Drafting of all Documents/Agreements
  • Legislative and Regulatory Issues and Approvals
  • Final Contractual & Financing Documentations

Mining Projects:

  • Mines Rescue Rules, 1985; Coal Mines Regulations, 1957; The Oil Mines Regulations, 1984; The Mineral Concession Rules, 1960
  • Advising on the issues under The Mines Act, 1952; The Mines Rules, 1955; The Mines and Minerals (Regulation & Development) Act,1957; The Mines Crech Rules, 1961
  • Initial Structuring at Tendering Stage
  • Preliminary Negotiations
  • Conducting Legal Due-Diligence
  • Structuring Joint Venture Transactions for Mining and Processing Activities
  • Preparation and Drafting of all Documents/Agreements
  • Legislative and Regulatory Issues and approvals

The firm understands the complexities involved in the ports sector. It assists clients in dealing with legalities as it is witnessing transition from Government ownership / control to increasing participation of private players for infrastructure development in these sectors.

It also supports clients in dealing with the opportunities and challenges in mining sector which include procuring licenses, opinion on the transferability of reconnaissance permits, mining lease, reviewing and drafting mine construction / operations and shareholders agreements, employment and labor laws and incorporating improved safety standards.

Roads, Highways and Railways constitute an integral part of the transport infrastructure. Projects especially in PPP mode have to deal with number of disputes and legal challenges. We can assist in addressing these issues to facilitate association with transport infrastructure authorities under Government control. We are equipped to evaluate various models of development in PPP projects like Build-and-Transfer, Build-Lease-and-Transfer, Build Operate and Transfer, etc.

Growth Potential:

Over the last five years, Indian aviation sector has seen tremendous growth due to strengthening of judicious regulations and appropriate policy support. India is committed to growing the industry by encouraging and opening new segments.

Over 30 industry leaders have discussed 5-key sessions covering the Drone-Ecosystem Policy Roadmap, Roadmap for Manufacturing Aircraft and associated equipment, including Regional Transport Aircraft, in India, the Project Rupee Raftaar- Aircraft Financing and Leasing from India, the National Air Cargo Policy, and the Mission to transform Indian Airports into Next-Gen Aviation Hubs.

The Ministry of Civil Aviation, organized “the Aviation Conclave 2019” with an overarching theme of “Flying for All” in New Delhi on 27 February 2018, to bring about a veritable revolution in the Indian aviation sector, which was attended by 85 countries and over 1,300 global aviation fraternity to bring new aviation business to India, in particular, drones systems, manufacturing of aircraft in India, financing and leasing of aircraft from India by Indian and foreign airlines, transforming Indian airports into next-gen aviation hubs, and unleashing the air cargo potential by integrating every village of India in global value chains thereby bringing together industry leaders.

Investment allowed by Government:

Ground Handling Services- FDI up to 74% and investment by Non resident Indians (NRI) up to 100% allowed under the automatic route subject to sectoral regulations and clearances.

1. RENOVATION OF EXISTING AIRPORTS

Civil Engineering

The Civil Engineering Department, consisting of Civil and Structural Engineers, undertakes structural design of passenger and cargo terminals, aircraft hangars, runways and other pavements, technical buildings for installation of airport ground aids etc. for AAI’s in-house requirements and consultancy projects. To ensure timely completion of projects, without cost overrun, the department adopts its proven technique of deputing a Project In-charge for each of the projects undertaken, within the organization and on consultancy basis, with adequate delegated powers.

The department is facilitated by in-house soil and material testing laboratory and the R&D Unit which have rendered valuable work on engineering especially in utilization of locally available material, adoption of new techniques for pavement design and pavement evaluation etc. The safety aspects of aircraft operations like maintenance of friction level of runway and riding quality of runway surface are also ensured by the Civil Engineering Department.

The project management teams, under the Project In-charges carry out the bulk of activities including project monitoring, contract management and quality control. The department has proven track record in successfully completing major projects undertaken by AAI at international level, under difficult logistics and varying climatic conditions prevailing at project’s sites and also during the construction of strategically important airports in India like the airport at ‘Agatti’ in the Lakshwadeep islands and the airport at Leh at 10,683 ft. AMSL. AAI has successfully completed the New Terminal Building Project at Jaipur, Udaipur, Srinagar, Dehradun, Cooch Behar, Gaya, Dibrugarh, Nagpur, Aurangabad, Pune, Calicut, Vizag, Trichy, and Mangalore. New Terminal Building projects are under construction at Varanasi, Lucknow, Barapani, Ranchi, Raipur, Madurai, Mysore, Coimbatore, Ahmedabad, Bhopal and Indore. A new greenfield airport at Pakyong, which became the only airport in the State of Sikkim, is coming up with latest terramesh/green terramesh technology where the height of cut/fill is up to 50 meter. Planning for new green field airports at Cheithu, Itanagar to handle ATR-72 type of aircraft with ILS facility is in progress.

A separate wing under the Civil Engineering Department normally looks after the day to day maintenance requirements of the civil engineering aspects of airport management and operations.

The Civil Engineering Department of AAI is not only capable but willing to accept any challenge in the field of airport civil engineering to add additional feathers in its cap.

Electrical Engineering

The Department of Electrical Engineering is consisting of a team of dedicated Electrical Engineers, having the wide range experience in various specialized E&M services for Airport Terminal Buildings & Airfield Lighting Works. The jobs includes designing, planning and execution of various Electrical & Mechanical works comprising indoor lighting schemes, external lighting works, central air-conditioning of terminal buildings, power supply schemes including standby power generating sets, fire fighting & fire alarm systems, Electro-Mechanical equipment’s like Elevators, Escalators, Travellators, Passenger Boarding Bridges, Elevated cargo transfer vehicle (ETV) & Cargo storage and re-trivial system etc. at various Airports. In addition they are also responsible for planning, designing and execution of ground lighting works comprising of Runway Lighting, Taxiway Lighting, Approach Lighting and other equipment connected with landing and navigation of the Aircrafts. The Engineering Department is also responsible for constructing and maintaining the buildings/structures in which communication and other electronic equipment, used for landing and navigation of Aircrafts, is housed. Internationally approved standards in the electrical installations are adhered to keep fully abreast with the ever changing techniques and needs of the Passengers and the Airlines.

The Department of Electrical Engineering maintains close interaction with the Department of Airport Planning, Civil Engineering, CNS (Planning), Airport Operations, Air Traffic Management etc. for an integrated approach to airport projects ensuring user friendly airport designs, safe aircraft operations and timely completion of works.

1.MRO ACTIVITIES

Maintenance, Repair, Overhaul (MRO) in aviation is the repair, service, or inspection of an aircraft or aircraft component. It is essentially all of the maintenance activities that take place to ensure safety and airworthiness of all aircrafts by international standards.

India’s aviation sector has become the world’s fastest-growing aviation market. According to a passenger forecast issued by the International Air Transport Association (IATA), it is expected to become the third largest aviation market by 2026. A smaller part of this prediction is the business aviation industry, which has been on a slow upward trajectory. The industry saw phenomenal growth between 2006 and 2009, and the industry has maintained a slow-paced growth thereafter. India has the largest fleet of charter aircraft in Asia, and is mainly dominated by mid-size private jets. The present industry comprises 139 business jets, 248 helicopters and 102 turboprops. Popular aircraft in the Indian market are the Falcon 2000, Hawker 850XP and Cessna Citation XLS.

The role played by the Business and General Aviation industry is finally seeing a rising trajectory as the Government of India accelerates its vision to improve air connectivity and tourism in India. The General Aviation (GA) market, which includes business jets, is expected to grow at almost 10% per annum to cross about 16 billion INR. The sector comprises aircraft owners, pilots, engineers, technicians, operations staff, and also the regulator, who continue contribute directly and indirectly to the GDP in a significant manner.

MRO work for aircraft registered in India must be treated as deemed export and the irregularities in tax structure faced by the Indian MRO industry when compared with their overseas competitors must be eliminated.

MROs should be included in the harmonized list of infrastructure sub-sectors. Engine and component MROs should also be included under infrastructure, even if they are not located at an airport, to enable them to compete with overseas rivals.

MROs in India, which are capable of maintaining the engines and the components of foreign operators, should be allowed to export substitute engines and components to these foreign operators against the equipment sent to India for MRO work.

The current deficiency in technological expertise will have to be met through skill development. The Ministry of Civil Aviation (MoCA) has drawn up plans to set up a National Aviation University (NAU). BAOA has also embarked an ambitious plan to start its own training academy to meet the requirements of the BA/GA industry.

The biggest boost to ‘Make in India’ and to ‘Skill India’ will be growth in numbers of aircraft, be it scheduled airliners or business aircraft. The government must pull out all stops to ensure fleet growth and more jobs. Every tax and import duty application, or procedure needs to be looked at through this prism.

2.ENTRY OF FOREIGN AIRLINES INTO DOMESTIC SECTORS

As per the present FDI Policy, 100% FDI is permitted in scheduled Air Transport Service/Domestic Scheduled Passenger Airline (Automatic upto 49% and Government route beyond 49%).  However, for NRIs 100% FDI is permitted under automatic route in Scheduled Air Transport Service/Domestic Scheduled Passenger Airline.  Further, FDI is subject to the condition that Substantial Ownership & Effective Control (SOEC) shall be vested in Indian Nationals as per aircraft rules, 1937.  However, for M/s Air India Ltd., as per the present policy, foreign investment(s) in M/s Air India Ltd. Including that of foreign Airline(s) shall not exceed 49%, either directly or indirectly, subject to the condition that substantial ownership and effective control of M/s Air India Ltd. shall continue to be vested in Indian Nationals.  Therefore, although 100% FDI is permitted under automatic route for NRIs in Scheduled Air Transport Service/Domestic Scheduled Passenger Airline, it is restricted to be only 49% in case of M/s Air India.

Benefits:

In light of the proposed strategic disinvestment of 100% of M/s Air India Ltd. by the Government of India, M/s Air India Ltd. will have no residual Government ownership and will be completely privately owned, it has been decided that foreign investment in M/s Air India Ltd

be brought on a level playing field with other scheduled airline operators.  The amendment in FDI policy will permit foreign investment in M/s Air India Ltd at par with other Scheduled Airline Operators i.e. upto 100% in M/s Air India Ltd by those NRIs, who are Indian Nationals.  The proposed changes in FDI Policy will enable foreign investment by NRIs into M/s Air India Ltd. upto 100%, under automatic route.

Above amendment to the FDI Policy are meant to liberalise and simplify the FDI policy to provide ease of doing business in the country.  Leading to largest FDI inflows and thereby contributing to growth of investment, income and employment.

Background:

FDI is a major driver of economic growth and a source of non-debt finance for the economic development of the country. The FDI policy is reviewed on an ongoing basis, with a view to attract larger volumes of foreign investment inflows into the country. Government has put in place an investor friendly policy on FDI, under which FDI up to 100% is permitted on the automatic route in most sectors/activities.

FDI policy provisions have been progressively liberalized across various sectors in the recent past to make India an attractive investment destination. Some of the sectors include Defence, Construction Development, Trading, Pharmaceuticals, Power Exchanges, Insurance, Pension, Other Financial Services, Asset Reconstruction Companies, Broadcasting, Single Brand Retail Trading, Coal Mining, Digital Media etc.

These reforms have contributed to India attracting record FDI inflows in the recent past.  FDI inflows in India stood at US $ 45.15 billion in 2014-15 and have consistently increased since then.  FDI inflows increased to US $ 55.56 billion in 2015-16, US $ 60.22 billion in 2016-17, US $ 60.97 billion in 2017-18 and the country registered its highest ever FDI inflow of US $ 62.00 billion (provisional figure) during the last Financial Year 2018-19. Total FDI inflows in the last 191/2 years (April 2000- September 2019) are US $ 642 billion while the total FDI inflows received in the last 51/2 years (April 2014- September 2019) are US $ 319 billion which amounts to nearly 50 % of total FDI inflow in last 191/2 years.

Global FDI inflows have been facing headwinds for the last few years. As per UNCTAD’s World Investment Report 2019, Global Foreign Direct Investment (FDI) flows slid by 13% in 2018 to US $1.3 trillion in the previous year, that is the third consecutive annual decline. Despite the dim global picture, India continues to remain a preferred and attractive destination for Global FDI flows. However, it is felt that the country has the potential to attract far more Foreign Investment which can be achieved, inter-alia, by further liberalizing and simplifying the FDI policy regime.

Maintenance and Repair of Aircrafts, Airports and Hanger:

Flying training institutes; and technical training institutions – FDI up to 100% allowed on the automatic route. The potential in maintenance and repair is really good as India is resorting to Greenfield airports, from a shift from conventional airport, which will be profitable. Currently, every major city has either under construction or proposed a Greenfield airport with 6 well established and successfully running airports. India being a developing country possesses a great potential in the maintenance and repair of aircrafts, airports and hanger and is thus attracting various investments (both domestic and international) for great profitability.

We advise clients in building and operating major power projects and securing production and distribution business. With understanding of the specific challenges, opportunities and critical success factors for the growth of this industry, the firm keeps clients abreast with potential enforcement actions and compliance requirements. Clients include both private and public sector players including state owned utilities, development agencies, EPC contractors, micro and mega- thermal, solar, wind, oil & gas and hydro power project developers.

We deal with,

  • Negotiating and drafting the project documents, including Concession Agreements,
  • EPC Contracts,
  • O&M Contracts and financing and security documentation,
  • Power Purchase Agreements
  • Fuel Supply Agreements
  • Land Agreements
  • Construction Agreements
  • Production Contracts
  • Implementation Agreement

We advise our clients on issues relating to renewable energy including solar energy and wind energy. We advise our clients on tax, loan, insurance and guarantee, counter-guarantee documents, joint venture, joint operation and maintenance agreements, opportunity exploration memorandum of understanding and related agreements. We also advise on regulatory and environmental compliance related to power and energy projects.