LEGAL ADVICE ON INDIAN LAWS

Many India law firms in India are now specialized law-firms comprising of lawyers and consultants who primarily specialize in the field of Indian company law, inbound investment, start-up laws and employment law. They provide legal advice to established businesses, start-up companies, HR and senior managers of organizations understanding and appreciating the different challenges that they face in India as a result of current business environment and evolving government regulations in the marketplace. In the face of a complex regulatory regime, our team offers practical advice and implementation support. They provide legal services to companies looking for inbound investments via joint venture or wholly owned subsidiary routes, foreign technology collaboration or franchise route and / or private equity or venture capital route. The areas in which we provide legal advice include (i) drafting shareholder / share purchase agreements; (ii) structuring of investment vehicles; (iii) legal aspect of remittance of money to and from India; (iv) due diligence of prospective investee companies; (v) negotiation assistance from term sheet stage till closing; (vi) documentation & overall transactional support, including working closely with regulators like the Reserve Bank of India (“RBI”), Foreign Investment Promotion Board of India (“FIPB”), Ministry of Corporate Affairs; (vii) parent and subsidiary collaborations; and (viii) technology transfers, licensing and franchising agreements.

They also advise on day-to-day legal issues concerning contractual & business affairs on legal structuring of commercial arrangements, commercial contracts and other necessary documentation.

Hereunder is an overview of legislations that govern businesses in India:

ENTRY OPTIONS FOR FOREIGN INVESTORS

  • Entry options for foreign investors:
  • Liaison office (also known as a representative office)
    • Permissible activities of a liaison office
  • Branch office
    • Permissible activities of a branch office
  • Closing down a branch or liaison office
  • Project office

BUSINESS REGULATIONS GOVERNING FOREIGN INVESTMENT

  1. Indian Companies Act
    • Foreign investment: regulation and procedure
    • Foreign direct investment
    • Foreign venture capital investment
    • Purchase of securities and investment by NRIs
    • Reporting of FDI
    • Investment in partnership firm / proprietary concern
    • Import of goods and services

REMITTANCE OF MONEY TO-AND-FROM INDIA

  1. Remittance of money
    • Current account transactions
    • Capital account transactions
  • Business and commercial remittance abroad
  • Remittance of sale proceeds of security
  • Foreign technology collaboration
  • Employee of a foreign company on deputation in India
    • Foreign person employed by company incorporated in India
  • Remittance facility for NRIs, PIOs and foreign nationals
  • Purchase and sale of shares / convertible debentures on non-repatriation basis

LABOUR AND EMPLOYMENT LAW

  1. Concept of employees and workmen in India
    • Managerial personnel and employees
    • Workmen
  • Important Indian legislations
    • Maternity
    • Working time regulations
    • Minimum wage
    • Trade unions
    • Equal remuneration
    • Payment of gratuity
    • Payment of bonus
    • Regulation of contract labour
    • Employees provident funds
    • Insurance
  • International workers
    • Remittance of salary
  • Visa requirements
    • Employment visa
    • Business visa

INTELLECTUAL PROPERTY RIGHTS

  1. Introduction
    • Copyrights
    • Patents
    • Trademarks
    • Some differences between the Indian and US patent laws

ENVIRONMENT AND CONSUMER LEGISLATIONS

  1. Environment and consumer legislations
    • Environment clearances
    • Consumer laws

ENFORCEMENT OF CONTRACTS

  1. Supreme court
    • High courts
    • Arbitration and enforcement of contracts.

 

At Redalphi one could find the best law firms in India and therefore get the best legal advice on India laws. Readers of this post can log on to our site, upload case details and have law firms contact you for your legal needs. This article has been compiled for general information of the public and does not constitute professional guidance or legal opinion. Readers should obtain appropriate professional advice.

 

 

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Charles Silver is a writer and working in this field from the last seven years. He writes for a wide variety of websites,covering diverse topics in technology, entertainment, travel, legal services and different businesses for example how to start business in India

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