Edelweiss - Legal Role

Edelweiss Rural & Corporate Services Limited (ERCSL)

Nature of Business -

- Collateral Management, Warehousing arrangements, procurement, import, trading, inspection, valuation, quality testing, gradation, storage services, monitoring services, etc. and other services related to the Agri commodity markets to its customers and Banks.

Collateral Management Services -

- Services provided to Banks in respect of the Commodities pledged as security towards the credit facility/loan granted. For which necessary master agreement is being executed which gives all the terms and conditions with Bank (i.e. Collateral Management Agreement) and other documents/agreement for services with Client/depositor are to be executed.

Warehousing Services -

- Warehousing is a place where client at large keep their agri commodities with ERCSL in lieu of storage charges. ERCSL as a warehouse management service provider gives quality and quantity corpus to the depositor and the same contract is executed to pledge (bank). To run day to day business ERCSL requires warehouses on various terms e.g. Lease/sub-lease/sharing basis etc. Accordingly necessary agreements to be executed with warehouse owner. Most of the agreements are standard in nature but legal has to check legal ownership of warehouses and make necessary

Procurement Services (Sourcing)-

- ERCSL also provides procurement services to its various Client across the Country, wherein ERCSL procures the commodities for and on behalf of the Clients and also provides other services like C&F (Clearing and forwarding consignment agent). Accordingly, the necessary Agency Agreements and other documents are to be executed with Client.

Other Services -

- There are some base line services which are common in all type of products e.g. inspection, quality testing, valuation, gradation, storage services, monitoring of agri commodity services. For which various agreements/document are to be executed, on case to case basis, with Client(s). Which includes Services Agreement etc.

Trade Facilitation

- We purchase commodity or allow clients to procure commodity in the name of ERCSL on behalf of the client. Client gives margin as advance payment, client is supposed to make the payment within 24 hours (balance as agreed client will make payment immediately as and when they want final lifting) otherwise they are liable to pay interest & warehousing charges.

- Master agreement i.e. SCM agreement, Statement of work (SOW) as per day to day transaction, purchase confirmation followed by sale contract is issued

- Fumigation and Research services are also rendered

JD for Legal & Compliance Team -

Non-Litigation -

- Drafting and vetting of various agreements pertaining to business activities such as Lease, Sub-Lease, Franchisee (Dry Warehouse & Cold Storage), Services Agreements, Commercial contracts/Agreement, Undertakings, Indemnities, Loan Agreement, Agency Agreement, Notices, Replies

- Research and advice on various legal and compliance issues concerning business strategy/business structures of the company.

- Liaising with various Government offices, Authorities, Police, APMC offices around 15 states. Obtaining licenses for storage, trading etc. from various authorities, mandis etc.

Litigation -

- Drafting and vetting various applications, suits, replies, notices etc. regarding court cases. Appearing/representing company before Courts/tribunals/Arbitration proceedings at various place in Country.

- Handling Court cases, Recovery suits, Arbitration matters, Matters u/sec. 138 of NI Act etc. Co-ordination with Counsels regarding court cases/pertaining to litigations of the Company.

- Maintain MIS of the litigations and prepare timely reports for the management review.

- Driving different verticals to adhere to various policies and compliance guidelines and advising management accordingly.

- Advising Management/Business Team on various new business ventures, existing business models regarding legal aspect and necessary compliance for the same.Edelweiss Rural & Corporate Services Limited (ERCSL)