JD Supra India

Publisher

Law Firm

Latest documents

• Establishing A Business Entity In India (Updated)

  1. Types of Business Entities - 1.1 Description of the types of entities available in India through which to conduct business: A foreign entity may establish a business presence in India by: • opening a liaison office, branch office or project office; • appointing a distributor or franchisee; • commencing its own operations in India; • forming a joint venture with an Indian entity; or • acquiring an existing business in India. Please see full Chapter below for more information.

• Buying and Selling Real Estate in India (Updated)

  KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER INDIAN LAW - INVESTMENT AND CONVEYANCE OF REAL ESTATE IN INDIA - 1. INTRODUCTION TO REAL ESTATE IN INDIA - Since the liberalization of Indian economy, the real estate sector has been gradually growing and adopting to technologies that improve the market access, efficiency, quality, and consumer experience. In the last fifteen years, post liberalization of the economy, Indian real estate business has taken an upturn and is expected to grow multifold in the next decade. Please see full Chapter below for more information.

• Bankruptcy, Insolvency & Rehabilitation Proceedings in India (Updated)

  KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER INDIAN LAW - The Code: Introduction of a comprehensive insolvency and bankruptcy law in India is a recent event, with introduction of the Insolvency and Bankruptcy Code, 2016 (“the Code”) in the year 2016. The Code is oriented to be the umbrella legislation in India for laws relating to insolvency and bankruptcy. At present the Code only governs rehabilitation and liquidation of companies and extends to guarantors. Please see full Chapter below for more information.

• International Arbitration Focus: India

  This is the final Reed Smith newsletter on international arbitration in 2022, and it focuses on a single country – India. Today, India is a unique proposition, mixing a rich past, a young population and an exciting future. That was perhaps not always the global perception. But in this century and looking forward, India arguably occupies the single most interesting position amongst large nations. It is on the verge of becoming the most populous nation in the world. As its self-confidence grows, so do its ambitions, led by forward-thinkers who have worked tirelessly to bring India into the modern world. The bureaucracy has perhaps not yet been satisfactorily overcome, but India has nevertheless shown itself to be both astute and determined on the world stage. Please see full Publication below for more information.

• Establishing A Business Entity In India (Updated)

  1. Types of Business Entities - 1.1 Description of the types of entities available in India through which to conduct business: A foreign entity may establish a business presence in India by: • opening a liaison office, branch office or project office; • appointing a distributor or franchisee; • commencing its own operations in India; • forming a joint venture with an Indian entity; or • acquiring an existing business in India. Please see full Chapter below for more information.

• Buying and Selling Real Estate in India (Updated)

  KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER INDIAN LAW - INVESTMENT AND CONVEYANCE OF REAL ESTATE IN INDIA - 1. INTRODUCTION TO REAL ESTATE IN INDIA - Since the liberalization of Indian economy, the real estate sector has been gradually growing and adopting to technologies that improve the market access, efficiency, quality, and consumer experience. In the last fifteen years, post liberalization of the economy, Indian real estate business has taken an upturn and is expected to grow multifold in the next decade. The developments in real estate sector has been influenced by the all-around developments in the retail, hospitality, entertainment, education, and information technology sectors. Major factors contributing to this development are favorable demographics, increased purchasing power, existence of customerfriendly banks and housing finance companies and favorable reforms initiated by the government to attract global investors. Further, increase in the business opportunities and migration of the labor forces acting as a fuel has increased the demand for commercial and residential space. Please see full Chapter below for more information.

• PASL Wind Solutions Pvt Ltd v. GE Power Conversion India Pvt Ltd: The Indian Supreme Court Clarifies that Two Indian Parties Can Choose a Foreign Arbitral Seat

  On 20 April 2021, the Indian Supreme Court in PASL Wind Solutions v. GE Power Conversion India, clarified that two Indian parties can choose a foreign arbitral seat and that parties to such foreign seated arbitrations will be able to obtain interim relief from the Indian courts. The Supreme Court’s decision (available here) settles an important question of law and upholds party autonomy.

• Supreme Court of India ruling allows for foreign-seated arbitrations between Indian companies

  The Supreme Court of India has clarified that two Indian parties may elect to arbitrate in a non-Indian forum, and that interim measures for such an arbitration will be available in Indian courts. This ruling gives much-needed clarity to previously unclear precedent on these points.

• India: Q&A - Employer COVID-19 Vaccination Policies (UPDATED)

  WLG asked member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work. Responses for India have been updated with new questions since its initial publication in January.

• New Efforts to Manage India’s Second Wave of COVID-19 Infections

  As has been well-documented over the past several weeks, India has experienced a significant second wave of COVID-19 infections. In light of the unprecedented surge in COVID-19 cases across the country, at least 11 Indian states and union territories have imposed COVID-19 restrictions. This past weekend, the eastern state of Odisha and the northern industrial state of Haryana became the latest to announce new lockdowns, joining Delhi, Karnataka, Maharashtra and West Bengal, among others.

Featured documents

• Recent Issuance of Privacy Rules in India May Impact Outsourcing Transactions

  India has been under pressure from the outsourcing community for some time to implement standard rules regarding the protection of personal information. On April 13, India quietly issued final rules under its Information Technology (Amendment) Act, 2008 (the IT Act) regarding the protection of...

• Proposed Tax Changes in India may have a significant impact on International Investors

  On March 16, 2012, India’s Finance Minister presented the country’s budget for the fiscal year beginning April 1, 2012, which included proposed legislation that seeks to reverse the decision of (India’s) Supreme Court in the Vodafone case and makes several other significant amendments to (India’s)...

• India: The Quixotic Balancing Of Benefits And Risks

  I used to say – if your business operates in China, you are likely violating the FCPA in one way or another. Permit me to revise my admonition: if your business operates in India, you are likely violating the FCPA in one way or another....

• India Agrees “In Substance” to Model 1 FATCA IGA

  The U.S. Treasury announced that on April 11, 2014, India agreed “in substance” to sign a Model 1 FATCA IGA with the US. The IGA would therefore require Indian financial institutions to report information on U.S. account holders to India’s Central Board of Direct Taxes, which would then share the...

• India Shows a Way

  Mr. Akhilesh Ranjan, Joint Secretary Ministry of Finance, and also Competent Authority for the Government of India, spoke this past week at the Pacific Rim Tax Institute, February 19-20, reaffirming India’s commitment to a new non-adversarial tax regime to encourage foreign investment and fair...

• India Takes the Next Step in Forming Its Nuclear Liability Framework

  On February 4, 2016, India submitted to the International Atomic Energy Agency (IAEA) its Instrument of Ratification of the Convention on Supplementary Compensation for Nuclear Damage (CSC). Under the applicable rules, the CSC will take effect for India 90 days after ratification, giving it access...

• Investing in India? Take a Look at the Amended India-Mauritius Tax Treaty Before You Do

  On May 10, 2016, India and Mauritius signed a protocol amending the India-Mauritius double income tax treaty that would, among other things, permit India to tax a Mauritian resident on capital gains arising from the sale of shares of Indian companies acquired on or after April 1, 2017. Although...

• U.S.-India Newsletter - Vol. 2016, Issue 3

  Summer 2016 was a season of change. In Europe, we saw the "Brexit," with the United Kingdom voting to withdraw from the European Union. The June referendum sent shockwaves through the business and finance communities and brought about a regime change in the UK as Theresa May took over as prime...

• The introduction of GST to India - What businesses should look out for in 2017

  The Constitution Amendment Bill for Goods and Services Tax (GST) has been approved by The President of India and the GST council have decided to enforce GST from 1st July 2017....

• Managing Decommissioning Risks In Asian M&A Transactions

  By the end of 2026, approximately 134 producing Concessions and Production Sharing Contracts (each, a “PSC”) will have expired in South Asia. It is expected that 900 fields will cease production (with 45% of such fields being offshore), and 800 platforms will require decommissioning. The total cost ...