Find practical legal guides and resources for your country
61 legal articles
Regulatory Approval: Most exits via secondary sales or buybacks must comply with Foreign Exchange Management Act (FEMA) pricing guidelines to ensure capital can be legally repatriated. Enforceability: Put and call...
To register a Private Limited Company in India, you apply online through the Ministry of Corporate Affairs (MCA) portal using the integrated SPICe+ forms for name reservation, incorporation, and statutory...
Foreign investors primarily use three routes to enter the Indian market: Foreign Direct Investment (FDI), Foreign Portfolio Investment (FPI), and Alternative Investment Funds (AIF). The Foreign Exchange Management Act (FEMA)...
The Digital Competition Bill introduces an ex-ante framework, regulating large digital platforms before anti-competitive behavior occurs rather than after. Companies designated as Systemically Significant Digital Enterprises (SSDEs) must comply with...
Startups registered as Private Limited Companies must file annual financial statements (AOC-4) and annual returns (MGT-7) with the Registrar of Companies (RoC). Failure to comply with the Companies Act, 2013,...
The Seat of arbitration is the legal jurisdiction that governs the proceedings, while the Venue is simply the physical location where hearings occur. Section 34 of the Arbitration and Conciliation...
India is a signatory to the New York Convention, making foreign awards from over 50 reciprocating territories enforceable as decrees of an Indian court. The enforcement process is governed by...
The Pre-Packaged Insolvency Resolution Process (PIRP) is a "debtor-in-possession" model, allowing MSME owners to retain control of their business during restructuring. To be eligible, a business must be classified as...
Choosing a foreign "Seat" for arbitration allows global SaaS vendors to apply non-Indian procedural laws, though Indian courts can still grant interim relief unless specifically excluded. Institutional arbitration (e.g., SIAC...
The Digital Personal Data Protection Act (DPDP Act) applies to all digital personal data processed within India and data processed outside India if it relates to offering goods or services...
Foreign nationals and foreign corporate entities can legally act as promoters, shareholders, and directors of a Section 8 company in India. At least one director on the board must be...
Direct execution is available for judgments from reciprocating territories like the United Kingdom, Singapore, and the United Arab Emirates. Judgments from non-reciprocating territories require the creditor to file a new...
FEMA Compliance Checklist for Foreign Direct Investment in India Determine your route: Verify immediately whether your industry falls under the automatic route or requires prior government approval before remitting funds....
Strict Documentation Tiers: India mandates a rigorous three-tiered documentation structure, requiring a Local File, Master File, and Country-by-Country (CbC) Report for qualifying multinational enterprises. Proactive Dispute Resolution: Utilizing Advance Pricing...
The Competition Commission of India (CCI) possesses broad powers to conduct "dawn raids" and seize digital evidence without prior notice. Filing a leniency application early is critical in cartel cases,...
Shareholder disputes in India are primarily governed by the Companies Act, 2013, with the National Company Law Tribunal (NCLT) serving as the primary adjudicatory body. Minority shareholders holding at least...
Joint Ventures in India are primarily governed by the Indian Contract Act (1872), the Companies Act (2013), and the Foreign Exchange Management Act (FEMA). Enforcing non-compete clauses is legally challenging...
Multinational subsidiaries in India must comply with the Business Responsibility and Sustainability Reporting (BRSR) framework if they meet SEBI's market capitalization thresholds. Starting in the 2024-2025 financial year, the "BRSR...
India does not recognize "at-will" employment. Foreign subsidiaries must justify terminations with documented cause or follow strict retrenchment rules. Mutual Separation Agreements (MSAs) are the preferred exit strategy for multinational...
India's Digital Personal Data Protection (DPDP) Act applies to any foreign tech startup processing data to offer goods or services to individuals in India, regardless of physical presence. Regulatory fines...