61 articles found in India

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...

How to Respond to a Legal Notice for Breach of Contract in India Receiving a legal notice for a breach of contract can be a stressful moment for any entrepreneur...

For many business owners in India, the mounting pressure of unpaid loans can feel like an inevitable slide toward the National Company Law Tribunal (NCLT). However, business debt restructuring offers...

Navigating the legal landscape of India's startup ecosystem requires a proactive approach to mitigate risks before they escalate. From formalizing founder relationships to maintaining rigorous regulatory compliance, a solid legal...

Divorce for NRIs: Legal Jurisdiction and Enforcement of Foreign Decrees in India Navigating a divorce while living abroad presents a unique set of legal challenges for Non-Resident Indians (NRIs). While...

Key Takeaways Expanding a multinational corporation into India requires choosing the right legal structure to align with your strategic goals. The decision between a Wholly Owned Subsidiary (WOS) and a...

Key Takeaways Setting up and managing a foreign subsidiary in India requires strict adherence to local corporate governance frameworks, which often differ significantly from Western standards. Entering the 2026 financial...

Guide to Indian SCOMET Export Authorization for Tech Firms Practical Snapshot Digital Exports Matter: SCOMET controls apply to software, source code, design blueprints, and technical data transmitted electronically (via cloud,...

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...

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...

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...