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61 legal articles
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...
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...
Cross-border mergers in India require approvals from the Reserve Bank of India (RBI), the National Company Law Tribunal (NCLT), and potentially the Competition Commission of India (CCI). Transactions strictly complying...
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...
Indian companies must maintain at least one director who resides in India for a minimum of 182 days per financial year. Companies must file Form DIR-12 with the Ministry of...
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....
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...
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...
Cross-border transactions over the Deal Value Threshold of INR 2,000 crore (approx. $240 million USD) require Competition Commission of India (CCI) approval if the target has substantial operations in India....
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...
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...
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....
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 judicial shift have accelerated these timelines....
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...
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....
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:...
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...
Winning an international arbitration is only half the battle. If your counterparty is an Indian company, the real test begins when you seek to recover funds. Historically, foreign businesses feared...
Choice of seat governs procedural law: Selecting a seat outside India, like Singapore or London, shields the proceedings from local court interference. Assess Section 9 carefully: Decide whether to allow...
Choose the right structure: Decide between an incorporated equity joint venture (JV) or a contractual alliance based on your long-term goals and risk limits. Strict regulatory compliance: Every foreign investment...