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Outside India

Businesses incorporated outside India

A business incorporated outside India that intends to manufacture, acquire, lend or hold here meets Indian law at each step: the vehicle, the route, the filings and the forum if it goes wrong. This page gathers the practice areas, sectors and advocates on this site that deal with those questions.

The law

A place of business in India of a body corporate incorporated outside India, and an investment by a person resident outside India in an Indian company, are governed by the Foreign Exchange Management Act, 1999 and the instruments made under it, and a company incorporated outside India that has a place of business in India is also subject to Chapter XXII of the Companies Act, 2013. The Foreign Exchange Management (Non-debt Instruments) Rules, 2019 set the routes and the conditions on which a person resident outside India may acquire equity instruments of an Indian company.

The practice advises on Indian law. Where a matter turns on the law of another country it is referred to counsel qualified there, and the advice states which part rests on that referral.

The instruments behind each question are set out at instructed from outside India.

Practice areas

  • Boardroom and corporate

    Standing legal advisory to boards and promoters on governance, contract oversight, regulatory compliance and outsourced in-house legal support.

  • Transaction advisory

    Structuring, documentation and due diligence for acquisitions, joint ventures and restructuring transactions under Indian law.

  • Capital markets

    Advisory on public and private capital raising, listing compliance and continuing obligations under Indian securities law.

  • Contracts and procurement

    Drafting, review and negotiation of commercial contracts and procurement documentation across the supply chain.

  • IP and licensing

    Protection, licensing and enforcement of trademarks, patents, copyright and trade secrets under Indian intellectual property law.

  • Insolvency

    Advisory and representation in corporate insolvency resolution, liquidation and restructuring proceedings under the Insolvency and Bankruptcy Code.

  • RERA and real estate

    Advisory and representation on real estate regulatory compliance, project registration and disputes under the RERA framework.

  • Civil disputes

    Representation in commercial suits, shareholder disputes and civil litigation before trial, commercial and appellate courts.

  • PMLA

    Advisory and defence in money laundering investigations and proceedings before the Enforcement Directorate and PMLA authorities.

  • Technology, data and product

    Advisory on data protection, technology contracting and product compliance obligations for technology-driven businesses.

  • Projects and land

    Advisory and litigation on infrastructure project structuring, land acquisition, zoning, environmental compliance and public-private partnerships.

  • Employment

    Advisory and representation on employment disputes, disciplinary process, industrial relations and labour code compliance.

  • Taxation and fiscal

    Advisory and litigation on goods and services tax, direct tax and indirect tax disputes before departmental and appellate forums.

  • White-collar and cyber defence

    Defence and advisory in cybercrime, digital evidence and corporate regulatory offence proceedings before investigating and prosecuting authorities.

  • Matrimonial and family

    Advisory and representation in matrimonial disputes, custody proceedings, asset structuring and domestic violence matters.

  • AI, data and emerging technology

    Advisory on how Indian law applies to artificial intelligence, under the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023.

  • Criminal defence

    Defence in ordinary criminal proceedings from the first police inquiry to appeal: FIR, notice and arrest, regular and anticipatory bail, quashing, charge, trial, appeal and revision.

  • Narcotics (NDPS)

    Defence in prosecutions under the Narcotic Drugs and Psychotropic Substances Act, 1985: quantity grading, the bail bar in section 37, search and seizure safeguards, sampling and the Special Courts.

  • Cyber crime

    Cyber crime matters for individuals and businesses, as victims or as accused: Information Technology Act offences, cheating and identity theft, reporting, and the freezing and release of bank accounts.

  • Guardianship and child custody

    Guardianship, custody, interim care and access proceedings for children, including the Family Courts in Bengaluru and custody disputes where one parent lives abroad.

  • Technology disputes

    Software and SaaS contract disputes, infringement suits in the Commercial Courts, data breach liability, intermediary and takedown disputes and arbitration of technology contracts.

  • Foreign exchange (FEMA)

    The Foreign Exchange Management Act, 1999 for businesses and non-resident Indians: current and capital account rules, reporting, contraventions, compounding with the Reserve Bank, adjudication and appeal.

  • Prevention of sexual harassment (POSH)

    The Internal Committee and Local Committee machinery of the Sexual Harassment of Women at Workplace Act, 2013: an employer's compliance duties, the stages of a complaint and inquiry, and the challenges to a committee's finding.

  • GST disputes

    The route of a goods and services tax dispute: show cause notices and adjudication under sections 73, 74 and 74A, appeals with pre-deposit, the Appellate Tribunal, writ petitions, and refund and input tax credit disputes.

Sectors

  • Manufacturing

    Legal work for manufacturers and the trade that moves their output: incentive schemes and industrial licensing, technology transfer and IP, supply chain and carrier contracts, export control and customs.

  • Technology and services

    Legal work for technology, platform and service businesses: data protection under the DPDP Act, intermediary liability, content and IP licensing, platform regulation, and the licensing and governance regimes that apply to media, education, hospitality and the creative economy.

  • Infrastructure and projects

    Legal work on capital projects and the resources that feed them: land acquisition and compensation, environmental clearance, statutory licensing, EPC and concession disputes, power sector regulation and mining.

  • Real estate

    Legal work across residential, commercial and mixed-use development: RERA compliance and proceedings, title and land disputes, joint development structures, construction arbitration, lease and tenancy disputes, and insolvency involving developers.

  • Financial services

    Legal work for lenders, listed companies, funds and financial technology businesses: SARFAESI and DRT enforcement, insolvency, SEBI proceedings, AIF and FEMA compliance, and the RBI licensing regimes that govern payments and digital lending.

  • Healthcare and pharma

    Legal work for hospitals, pharmaceutical and device manufacturers, and life sciences enterprises: medical negligence proceedings, CDSCO and drug regulatory compliance, NPPA price control, clinical trial regulation, and restructuring where intellectual property is the principal asset.

Advocates

Notes

Sources

  1. ActThe Foreign Exchange Management Act, 1999indiacode.nic.inOn this site: The Foreign Exchange Management Act, 1999
  2. RulesForeign Exchange Management (Non-debt Instruments) Rules, 2019rbi.org.inOn this site: Foreign Exchange Management (Non-debt Instruments) Rules, 2019
  3. ActThe Companies Act, 2013indiacode.nic.inOn this site: The Companies Act, 2013

Limits of this page

Nothing on this page is advice, and nothing on it is a statement that any provision applies to a particular set of facts. It is not an offer of engagement. Reading it creates no advocate-client relationship.