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36 articles found in India
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...
How to Change Resident Directors in Indian Subsidiaries Indian companies must maintain at least one director who resides in India for a minimum of 182 days per financial year. Companies...
India Export Controls and Sanctions Checklist for Multinational Tech Firms Multinational tech firms must classify all hardware, software, and technical data against India's Special Chemicals, Organisms, Materials, Equipment and Technologies...
Cross-Border Mergers in India: RBI and NCLT Approvals Cross-border mergers in India require approvals from the Reserve Bank of India (RBI), the National Company Law Tribunal (NCLT), and potentially the...
Establish clear milestones and objective Service Level Agreements (SLAs) in your Master Services Agreement to remove ambiguity over vendor performance. Protect your proprietary source code with explicit copyright assignments, as...
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...