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31 articles found in India
Non-Resident Indians (NRIs) can legally inherit both commercial property and agricultural land in India under the Foreign Exchange Management Act (FEMA). Mediation and arbitration offer a confidential, cost-effective alternative to...
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...
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...
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....
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
Guide to Pre-Packaged Insolvency for MSMEs in India
Jan 31, 2026The 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...
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 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...
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 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...
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)...