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61 legal articles
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...
In cross-border IT outsourcing, indemnity clauses are your primary shield against operational and financial disaster. When outsourcing to India, a poorly negotiated contract can leave you exposed to intellectual property...
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:...
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...
For global corporations, entering India through a joint venture (JV) offers a powerful mechanism to leverage local expertise, distribution networks, and regulatory goodwill. However, executing a cross-border JV in India...
The Reciprocating Divide: Enforcing a foreign judgment in India depends heavily on whether the originating country is recognized as a "reciprocating territory" under Section 44A of the Civil Procedure Code....
India is one of the world's top destinations for foreign direct investment (FDI). However, entering this market requires navigating a strict dual regulatory system managed by the Reserve Bank of...
If your business targets the Indian market, passive compliance with data privacy regulations is no longer an option. The Data Protection Board of India (DPBI) is active, and the phased...
Pre-litigation mediation is mandatory in India for commercial disputes under Section 12A of the Commercial Courts Act, 2015, unless you require urgent interim relief. Mediated settlement agreements carry the force...
Civil courts have sole jurisdiction to declare legal ownership title and grant emergency injunctions. Revenue courts only manage administrative land tax registers and mutation entries. Land revenue records (such as...
Foreign creditors hold equal legal standing under India's Insolvency and Bankruptcy Code (IBC), 2016, with no requirement to establish an Indian entity or branch to enforce claims. The minimum default...
Foreign companies can sue directly in India's Commercial Courts if the commercial contract dispute meets the minimum claim threshold of INR 300,000. Mandatory pre-institution mediation applies under Section 12A of...
Foreign direct investment (FDI) in Indian infrastructure operates up to 100% under the Automatic Route, but strict compliance with Press Note 3 rules applies if ultimate beneficial owners stem from...
Register early: India operates a territorial IP system. International registrations do not grant automatic local protection; early filing via the Madrid Protocol or direct national routes is essential. Use customs...
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...