JD Supra India

Publisher:
JD Supra
Publication date:
2019-04-29

Publisher

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.

  • 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.

  • Cox and Kings v. SAP India Pvt. Ltd. & Anr.: The Indian Supreme Court Revisits and Retains the Group of Companies Doctrine

    In December 2023, a five-judge bench of the Indian Supreme Court issued its much-awaited decision on the “group of companies” doctrine in Cox and Kings v. SAP India Pvt. Ltd. & Anr. (“Cox and Kings”), confirming that the doctrine forms part of Indian law. In expressly reaffirming the applicability of the doctrine, the Indian Supreme Court continues to take a different approach to courts in many other jurisdictions.

  • Investing in India

    What a difference a decade can make! Since the publication of our first report, "Navigating India: Lessons for Foreign Investors," in 2013, India has undergone a remarkable transformation. The country’s population grew by 100 million. Fuelled by improved connectivity and digital infrastructure, the number of internet users has soared, with more than half of its citizens now connected to the internet—a significant increase from the mere 12 per cent recorded in 2013. India’s GDP has more than doubled, rising from US$1.8 trillion in 2013 to US$3.7 trillion in 2023, underscoring the nation’s robust growth trajectory. Per capita income has also improved, reaching US$2,450 in 2023 compared to US$1,400 in 2013.

  • 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 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. 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.

Featured documents

  • India’s New Privacy Regulations

    Overnight, the privacy landscape in India has undergone a dramatic transformation. On April 13, 2011, India quietly issued final regulations implementing parts of the Information Technology (Amendment) Act, 2008, dealing with protection of personal information. These regulations could have a...

  • The Anatomy of a Compulsory License: Natco Pharma Ltd. v. Bayer Corp. (Indian Patent Office)

    In response to an earlier post on Novartis' challenge to the Indian Patent Office's decision not to grant a patent on its anticancer drug Gleevec® (see "Indian Supreme Court to Rule on Gleevec Patent"), a reader opined that we should appreciate the erudition and wisdom of the patent official in...

  • India at the Crossroads

    India possesses a dynamic and growing economy—one its government portrays as business friendly—and actively encourages continued foreign direct investment. At the same time, aggressive transfer pricing enforcement, including several administrative and high court rulings, suggests a far different...

  • Corruption Continues To Eat Away At India

    At first glance, India is a country of incredible economic opportunity. India’s GDP is slated to continue to grow five (5) percent each year. It has the third biggest economy in the world, below the US and China....

  • "Election Results Bring Hope for Significant Changes in India and Indonesia"

    This past year brought important political changes for the two largest economies in South/Southeast Asia. Although significant challenges remain, the election of a new government in India and a new president in Indonesia have been met with optimism by many participants in those countries’ markets....

  • The Long and Winding Road of Arbitration in India - Examining 20 Years of the Indian Arbitration and Conciliation Act of 1996

    India cannot sustain its quest for global credibility and endeavor to be an attractive destination for foreign investment if it is believed to be an unreliable venue for enforcing foreign arbitration awards. Many companies around the world are exclusively adopting arbitration to resolve cross-b...

  • India’s Supreme Court Upholds the Constitutionality of Criminal Defamation Law

    India’s Supreme Court settled a long-standing debate on May 13, 2016, by holding that India’s criminal defamation law is valid under India’s Constitution....

  • India-Mauritius Protocol Seeks to Close Tax Loopholes

    Originally published in The Investment Lawyer, Volume 23, Number 9, pages 19–27, September 2016. On May 10, 2016, the Republic of India and the Republic of Mauritius entered into a protocol (the Protocol) amending the India-Mauritius Agreement for Avoidance of Double ...

  • Modi's Demonetization Policy: Is the Cure Worse than the Disease? U.S.-India Newsletter Volume 2017, Issue 1

    In the short term, demonetization has completely dampened the Indian economy. On November 8, 2016, Indian Prime Minister Narendra Modi declared that the two highest denomination currency notes, INR 500 notes (USD 7.3) and INR 1000 notes (USD 14.6) (which represent 86 percent of all currency in ...

  • India Adopts New Disability Law Regime

    The Government of India has instituted a new disability law regime with enactment of the Rights of Persons with Disabilities Act, 2016, and Rights of Persons with Disabilities Act, 2016. The new disability law regime is modeled on the United Nations Convention on the Rights of Persons with...

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