47 articles found in India

SCOMET Internal Investigations vs. Government Audits in India: A Corporate Survival Guide If you manage dual-use technology, software, or advanced equipment in India, SCOMET (Special Chemicals, Organisms, Materials, Equipment and...

Regulatory Shift: Under rules in effect in 2026, Designated Depository Participants (DDPs) process Foreign Venture Capital Investor (FVCI) registrations on behalf of SEBI. This streamlines the onboarding process. Valuation Freedom:...

Negotiating Indemnity in Indian IT Outsourcing Contracts In cross-border IT outsourcing, indemnity clauses are your primary shield against operational and financial disaster. When outsourcing to India, a poorly negotiated contract...

Control Shifts under IBC: Initiating NCLT proceedings replaces the company's board with a court-appointed professional, transferring operational control to the Committee of Creditors. Bilateral Restructuring Control: Out-of-court restructuring keeps the...

Mirror terms in the charter: Contractual deadlock provisions are useless in India unless they are explicitly incorporated into the joint venture company's Articles of Association (AoA). Avoid FEMA pricing traps:...

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....

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...

Commercial items need licenses: Do not assume a product is exempt because it is for civilian use. Many ordinary commercial products containing encryption, sensors, or specialized materials trigger SCOMET licensing....

India is one of the world's largest consumer markets. If your company wants to establish a permanent physical presence there, a Wholly Owned Subsidiary (WOS) offers the highest level of...

Enforce Cross-Border Contracts: India Arbitration Guide Enforcing a commercial contract or a foreign arbitral award in India used to be a test of endurance. However, legislative reforms and a pro-arbitration...

Global e-commerce platforms operating in India face tightening scrutiny from the Competition Commission of India (CCI). This guide breaks down current antitrust compliance requirements to prevent costly investigations and litigation....

RBI Pricing Guidelines: Foreign Exchange Management Act (FEMA) rules dictate the minimum or maximum valuation price for transferring shares between non-residents and residents. Tax Treaty Nuances: Double Taxation Avoidance Agreements...

Import Export Compliance Checklist for Foreign Companies in India Foreign companies cannot directly import goods into India without a locally registered entity or a registered Importer of Record (IOR). Securing...

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...

Ancestral property recovery requires establishing your exact legal share under Indian succession laws, such as the Hindu Succession Act. A partition suit forces the division of inherited property when co-owners...

Guide to Antitrust Clearance for Cross-Border M&A in India Cross-border transactions over the Deal Value Threshold of INR 2,000 crore (approx. $240 million USD) require Competition Commission of India (CCI)...

Related-party transactions are high-risk: Indian customs authorities heavily scrutinize imports between foreign parent companies and Indian subsidiaries to ensure transaction values are not artificially lowered to avoid duties. Transfer pricing...

Resolving commercial disputes through formal litigation in India can take three to seven years. Pre-litigation strategies offer foreign manufacturers a faster, more cost-effective way to address breach of contract. A...

FEMA Allows Free Repatriation: Under the Foreign Exchange Management Act (FEMA), current account remittances like dividends do not require prior Reserve Bank of India (RBI) approval, provided taxes are paid....

Managing Employee Terminations in India - Legal Timelines India does not recognize "at-will" employment. Foreign subsidiaries must justify terminations with documented cause or follow strict retrenchment rules. Mutual Separation Agreements...