India’s bilateral investment treaties (BITs) play a critical role in shaping the landscape for foreign investors by providing a legal framework that offers protection and promotes investments between India and other countries. The India bilateral investment treaties typically include provisions that ensure fair and equitable treatment and mechanisms for dispute resolution through international arbitration. The […]

Repatriating profits and dividends from India by foreign companies involves compliance with several regulatory requirements set by the Foreign Exchange Management Act (FEMA). The profit repatriation in India process is relatively straightforward for dividends, which can be remitted without restrictions once applicable taxes are deducted. Dividends are taxed at 20% plus any applicable surcharge and […]

Setting up operations in Special Economic Zones (SEZs) in India provides several significant advantages for foreign companies. These zones are designed to foster industrial development and attract foreign direct investment (FDI) by offering a range of incentives. One of the primary Special Economic Zones India benefits is the comprehensive tax relief provided. Companies in SEZs […]

The Foreign Exchange Management Act (FEMA) significantly influences foreign investment in India by establishing a comprehensive legal framework for external financial transactions. FEMA, enacted in 1999, aims to facilitate external trade and payments and promote orderly development and maintenance of the foreign exchange market in India. FEMA compliance foreign investment regulations are designed to ensure […]

For dispute resolution in India, Foreign businesses have several options for dispute resolution, ensuring they can address conflicts efficiently and effectively. Litigation in India involves taking disputes to the courts, where cases can be adjudicated by judges. The Indian judicial system includes specialized tribunals, such as the National Company Law Tribunal (NCLT), which expedite business-related […]

The implementation of the Goods and Services Tax (GST) in India has significantly impacted foreign companies operating within the country. India GST foreign entities must navigate a unified tax system that has replaced multiple indirect taxes such as VAT, service tax and central excise duty, simplifying compliance but introducing new challenges. For foreign entities providing […]

Foreign businesses in India must adhere to several key labour laws to ensure compliance and smooth operations. Labour laws in India for foreign companies include: The Employee’s Provident Funds and Miscellaneous Provisions Act, 1952: Mandates contributions to the provident fund from both employees and employers, ensuring social security for workers​​. The Employee’s State Insurance Act, […]

To protect intellectual property (IP) rights when setting up a business in India, it is essential to understand the legal framework and adopt comprehensive strategies. India intellectual property protection is governed by various laws that ensure the safeguarding of patents, trademarks, copyrights and designs. Patents: India grants patents on a “first-to-apply” basis under the Patents […]

Foreign companies operating in India must comply with various regulatory requirements to ensure legal and operational smoothness. Initially, these companies must register under the Companies Act, 2013, by filing a certified copy of their charter, a list of directors and a memorandum of their registered office within 30 days of establishing a business presence. Additionally, […]