A. Market Entry Strategy & Business Structuring
- Devising a strategic India entry strategy, including designing business models, entity structuring, and investment vehicles.
- Assistance with end-to-end compliance with respect to company incorporation, basis the type of entity, private limited, LLP, joint ventures, wholly owned subsidiaries.
- Applying for and procuring respective registrations, business licenses, and regulatory approvals.
- Addressing industry-specific restrictions, including the retail sector, the telecommunication sector, insurance, and the fintech industry.
- Advising on the appropriate government communications and regulatory licenses.
- Devising investment exit strategies, including retribution of capital and exit options for investors.
B. Foreign Direct Investment (FDI) & Regulatory Approvals
- Foreign direct investment in India is usually permitted up to 100% in most of the sectors through the automatic route. However, in certain sensitive sectors such as defense, media or mining, proposals require approval of the government. We advise you on the applicable FDI regulations, sectoral caps and entry routes.
- End-to-end assistance with procuring RBI and Foreign Investment Promotion Board (FIPB) approvals, meticulous compliance with the Foreign Exchange Management Act, Companies Act and the SEBI regulations.
- Strategic structuring of investments to optimize foreign ownership and control.
C. Liaison, Branch, and Project Office Setups
- Foreign companies extending their operations to India usually set up a liaison office for market research activities, a branch office for revenue generation activities, or a project office for specific contractual work. These structures are usually approved through an authorized dealer bank and in compliance with the RBI guidelines. Preliminarily, we help you with the setup of liaison offices, branch offices, and or project offices as per the guidelines. In addition to any further assistance required on the conversion of liaison offices to branch offices or vice versa.
- Strategic advisory to foreign companies with business presence establishment without complete legal incorporation.
- End-to-end compliance with annual filings, tax obligations, and foreign exchange control regulations.
D. Cross-Border Commercial Agreements & Contract Negotiations
- Cross-border commercial agreements require meticulous navigation of legal, cultural, and currency differences to mitigate risks. We assist you with drafting and negotiating joint venture agreements, technology transfer agreements, and licensing contracts while focusing on defining specific governing law, dispute resolution forums in compliance with the regulations, the local regulations.
- Strategic advisory on structuring of distribution agreements, franchisee agreements, and supply chain contracts while complying with the Indian contract laws, dispute resolution mechanisms, and IP protection regulations.
- We also ensure complete adherence to India's Digital Personal Data Protection Act, as may be prevalent and cross-border data transfer-related requirements for documentation and legal processes.
E. Tax Structuring & Compliance
- Strategic advisory on structuring of corporate tax for long-term model of business entities and transactions to optimise tax liabilities, GST implications and transfer pricing, compliances.
- Adherence to the Double Taxation Avoidance Agreements (DTAA).
- Comprehensive assistance with withholding tax, customs duties, and reinstatement of profits.
F. Legal Due Diligence & Risk Assessment
- Comprehensive conduct of pre-entry due diligence on the legal, regulatory and contractual standing to identify risks.
- Preliminary evaluation of market risks, contractual obligations and compliance preparedness.
- Strategic advisory on sector-specific regulatory restrictions and foreign investment risks, while complying with India's Prevention of Corruption Act and anti-bribery laws.
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