Advocate Ayushi Priyadarshini

Questions Answered by Advocate Ayushi Priyadarshini (25+ answers)

Q: Medical Tourism - Company Setup and Indemnities

I am looking to setup a medical tourism company. The role is to facilitate travel for medical purposes from Australia / New Zealand and Pacific Island (E.g. Fiji, Solomon Island) to India corridor. In future, we might expand to other geographies. I am based in Australia and keen to ensure my assets in Australia are protected. In addition, I want to use the earnings from this business to build wealth in Australia. How should I structure my company?

Advocate Ayushi Priyadarshini answered
Structure as a multi-jurisdictional, asset-protective group. Incorporate an Australian holding company (Pty Ltd) to own IP, brand, contracts, and profits, regulated by ASIC. Establish a separate Indian operating subsidiary to contract hospitals and manage ground execution, insulating Australian assets from medical-liability and regulatory risk. Revenue should flow to Australia via arm’s-length service/licensing fees, transfer-priced and tax-compliant with ATO rules. Use professional indemnity insurance, robust patient disclaimers, and no clinical decision-making role. Retain profits in Australia for reinvestment via trusts or investment vehicles, ensuring long-term wealth accumulation and creditor protection.

Q: Filing 200CrPC before magistrate

X has signed agreements on stamp [aper as MD of the company in 2016 and collected Rs. 50 lakhs from Y. After 19 days he informed that the company has gone babkrupt with the investment lost. Once the security cheques were deposited and defaulted, X visited Y and reassured entire payment within a month, however that never happened and a 138 NI case with section 142 was filed for recovery in December 2016. In 2019, while giving statement for 251 CrPC, he falsely stated that he was never an MD, but

Advocate Ayushi Priyadarshini answered
On the facts stated, strong criminal and civil liability arises. Execution of agreements as MD, receipt of ₹50 lakhs, issuance of security cheques, and post-default assurances clearly support Section 138 NI Act prosecution. The false denial of MD status in the Section 251 CrPC statement, if contradicted by ROC records and documents, may attract IPC (false evidence). Additionally, ingredients of cheating and criminal breach of trust may be examined. Documentary proof of directorship is crucial to rebut his defence and strengthen both recovery and penal action. Consult me for further details.

Q: Insolvency for UK firm - seeking advice

I am seeking advice regarding a UK Private Limited Company. The company is insolvent with significant creditor debt and shareholder equity. We are looking to liquidate via Insolvency Practioner (IP). My specific questions are, how thoroughly do IP investigate in practice? How many years back do they go? Do they investigate every transaction?Considering the company has no money, will they not just close it without investigation?

Advocate Ayushi Priyadarshini answered
In practice, an Insolvency Professional’s investigation is risk-based, not exhaustive. They typically review the last 2-3 years, but can go further (up to 6 years) if red flags appear. They do not examine every transaction – only those suggesting preferences, undervalue transactions, wrongful trading, or director misconduct. Further, lack of funds does not stop investigation. If misconduct is suspected, the IP must report it, and further action may follow through regulators or creditors, even if the company itself has no assets.

Q: Seeking legal advice on social media post

Can a company sue a user in court for a social media post that calls for a boycott of its product over allegations that the company is indirectly funding like genocide, climate change against human rights etc.?

Advocate Ayushi Priyadarshini answered
Yes, a company can definitely sue, but success depends on context. Courts generally protect free speech and opinion, especially on public interest issues. However, when such post contains false statements of fact, malicious intent, or causes provable reputational or commercial harm – it gives rise to defamation or tortious claims.

Q: Legal Advice needed for my startup in Dubai

I am planning to start a fitout company in Dubai with a collegue, who is an Accountant. My collegue is bringing in the Investors/Silent Partners who are going to invest 100% of the capital which is around 2.3 - 2.5 M AED. There are two silent partners but they are considered as a single entity They reside in India and won’t stay in the UAE. Me and my collegue are not investing any capital. The silent partners are friend of my college(accountant). I am one who will be building the company and run

Advocate Ayushi Priyadarshini answered
Your proposed structure raises serious legal and commercial risks if not set up correctly. Although investors are contributing 100% of the capital, you are building and running the business – yet without proper documentation, control will legally rest with the money, not effort. “Silent partners” have no legal meaning unless their rights are clearly restricted in writing, especially when they reside outside the UAE. Your non-capital contribution must be protected through equity, management rights, profit participation, and exit safeguards. This requires more than incorporation - robust shareholder and management agreements are essential at this stage. A brief legal consultation now can prevent loss of control or future disputes.