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Global Business

Guide for Foreign Nationals Wanting to Do Business in India

Useful for foreign citizens and companies as well as for NRIs wanting to set up a business in India either on their own or in collaboration with some Indian person. Completely revised incorporating changes introduced in FDI Policy and Company Law.

Guide for Creating a Global Structure Using Holding Company

Indian entrepreneurs are looking at the whole world as their market. Their global aspirations need to be matched up by suitable business structures. This Guide elaborates a Global Structure suitable for servicing world markets. It discusses setting up companies in Switzerland, Liechtenstein, Singapore, Luxembourg, Ireland, Estonia and Slovenia.

Guide for Indian Residents Wanting to Do Business Abroad - Indian Regulations

Useful for Indian entrepreneurs who wish to explore the global skies and set up a business abroad either as a Wholly Owned One or in collaboration with some Foreign person or as an overseas office.

Guide to Place of Effective Management Rules for Foreign Companies Owned by Indian Entrepreneurs

This presentation is intended to help Indian entrepreneurs owning and managing companies in foreign countries. Under POEM rules of Indian Income Tax foreign companies are liable to tax in India if their place of effective management is in India. This Guide is intended to help Indian entrepreneurs deal with POEM Rules.

Guide to Joint Ventures in India - Options, Regulations and Restrictions for Foreign Companies

This mini-book throws light on the options available to foreign companies when entering into joint ventures in India. It examines the various options with reference to different needs of foreign companies. It also gives in brief the sector-wise restrictions imposed by Government of India in relation to foreign direct investment. It has a special section about formation of joint ventures for participating in government tenders. The Seventh Edition takes into account the changes introduced by FDI Policy dated 15 October 2020 and all Press Notes issued till April 2021.

International Arbitration

Guide for Arbitration Clause in International Agreements in India

This Guide is useful for companies planning to develop international relationships. It gives an overview of arbitration clause that is an essential part of all international commercial agreements. It also gives an estimate of the costs involved under various options of international arbitration. The last chapter is about pre-arbitration clause which can help one avoid arbitration and associated legal costs.

Guide for Foreign Investors Wanting to Seek Relief under Their Country's Investment Treaty with Republic of India

This comprehensive Guide is useful for foreign companies who have invested either in an Indian company or in an Indian venture and are facing trouble due to some action by either Government of India or by any state government or by any other government body. The Guide includes Frequently Asked Questions, Selected Sample Cases and details of key persons involved in international investment arbitration.

Guide for Indians Wanting to Seek Relief under India's Investment Treaty with a Foreign Country

This comprehensive Guide is useful for Indians (including Non-Resident Indians) who have invested either in a foreign company or in a foreign venture and are facing trouble due to some action by either Government of that country or by any provincial government or by any other government body.The Guide includes Frequently Asked Questions, Selected Sample Cases and details of key persons involved in international investment arbitration.

Frequently Asked Questions Regarding Options Available to Holder of a Decree / Award from a Foreign Court / Arbitration Tribunal against an Indian Company

This FAQ is intended to help those who hold either a decree or an award against an Indian company from a foreign court or arbitration tribunal.

Key Concepts in International Investment Arbitration Download the Presentation in .pptx format

This presentation discusses some key concepts related to international investment arbitration. It relies on decisions by various tribunals for simplifying some complex issues.

Corporate / Business Laws

Guide For Suppliers to Recover Money under the Insolvency and Bankruptcy Code, 2016

Useful for small businesses who have to recover money from their corporate customers. IB Code is a powerful tool; but it should be used with caution.

A Quick Guide to Action on Bouncing of Cheque

Bouncing of a cheque invites criminal prosecution under section 138 of The Negotiable Instruments Act, 1881 in India. This Guide is meant to help entrepreneurs and small businesses cope with the problems that they often face when a cheque bounces. It gives the legal provisions in common man's language. Please read our long article on Decriminalization of Doing Business in India - Cheque Bouncing

Frequently Asked Questions Regarding Delegation of Powers to an Indian Resident Individual by a Foreign Company / Individual

This FAQ is intended to help foreign companies or residents to delegate authorities and powers to Indian individuals. It will help foreigners understand the options available as well as the risks and liabilities involved.

Liabilities of Directors under The Companies Act, 2013 Download the Presentation in .pptx format

This Presentation gives the liabilities (punishments, penalties etc) that a Director of an Indian company faces when the company defaults under the Companies Act, 2013 (As amended by The Companies Amendment Act, 2020).

Liabilities of Directors under Negotiable Instruments Act, 1881 Download the Presentation in .pptx format

This Presentation gives the liabilities (punishments, penalties etc) that a Director of an Indian company faces when a cheques issued by the company bounces.

Liabilities of Directors under Labour Laws Download the Presentation in .pptx format

This Presentation gives the liabilities (punishments, penalties etc) that a Director of an Indian company faces when the company violates any laws related to workers.

India's Companies Act 2013 - Key Aspects for Foreigners Click here to download the Presentation in .pptx format.

This presentation gives a quick view of the most interesting aspects of law relating to companies from the perspective of a foreign resident.

Preparing A Contract Document under laws of India Download Presentation in .pdf format

This presentation sums up the essential ingredients of a contract, persons competent to contract and discusses at length drafting of a formal contract document.

Guide to Restrictive Clauses in Employment Agreements in India Click here to download a Presentation on the subject.

This Guide is intended to give Indian employers an overview of the legal position related to the restrictions that they may impose on employees in employment agreements.

Intellectual Property Rights

Issues Related to Third Party Service and Maintenance of a Machine Covered by Manufacturer's IPRs

This booklet clears the legal position with regard to servicing of a machine by party other than the manufacturer.

Laws for Individuals

Guide to Wills for Hindus

This Guide is intended to help every Hindu whether living in India or outside India to prepare a Will. While the primary focus is on Indian law, it also takes into account essentials of international private law. Written in simple language free of legalese, it gives an overview of Wills for an educated Hindu without any legal knowledge.

Legal Status of Foreign Decree of Divorce for Hindu Couple Married in India

First generation migrants from India marry in India but find it convenient to get divorced in the foreign land where they are settled. This article examines the validity of such a divorce in the eyes of Indian law. A Postscript gives a brief note about Custody of Children caught up in such family disputes that run across borders.

General

Interpretation of Statutes and Agreements in India Click here to download the Presentation in .pptx format.

This Guide to interpretation of laws and legal documents is intended for non-legal professionals but may also be useful for legal professionals and students.

How to Avoid Litigation in Business Relationships in India Download Presentation in .pptx format

Litigation in India is a time-consuming and expensive process. Yet, lawyers in India rarely advise their clients about avoiding courts and judicial processes. Litigation Avoidance is a comprehensive process that begins even before a business relationship starts. This Guide is for Entrepreneurs, Business Persons, Directors and Chief Executive Officers.

Constitutional Aspects of Indirect Taxes Click here to download the Presentation in .pptx format.

Indian constitution has clear division of taxation powers between the Union and the states. Despite the clear provisions, the states and municipal authorities often overstep their authorities. Examining constitutionality of tax laws and regulations is a challenge. This presentation gives extracts of relevant articles of the Constitution and also discusses a Supreme Court judgment about luxury tax on tobacco.

Ethics Adds Value to Business Click here to download the Presentation in .pptx format.

This presentation discusses the elements of ethics that can add value to a business and make it successful in the long run.

Vakalatnama / Appointing an Advocate to Represent

This Vakalatnama or Instrument for Appointment of an Advocate can be used by clients of Advocate Anil Chawla and Advocate Yogita Pant without any modifications.

Open Letter to Prime Minister of India about Need for Amendment of Section 16 of The Advocates Act 1961 Regarding Senior Advocates

The present system of designation of Senior Advocates is an opaque system which promotes nepotism and favouritism. This Open Letter pleads for urgent reform of the system.