Morgan Lewis (JD Supra India)

The nationwide lockdown in India in response to the coronavirus (COVID-19) pandemic has been extended until May 3. The Indian government has permitted the operation of certain additional business activities from April 20 onwards.

With increasing cases of the coronavirus (COVID-19) in India, travel restrictions have been expanded and a 21-day lockdown has been implemented to contain the spread of the virus within the country.

India’s Department of Industrial Policy and Promotion issued Press Note 2 of 2018 (the Press Note) on December 26, 2018, amending the applicable conditions for foreign direct investment (FDI) in the Indian ecommerce sector (the FDI Policy).

With immediate effect, the Ministry of External Affairs of India has issued a requirement that Indian nationals with non–“Emigration Check Required” passports traveling to certain countries on employment visas must register through an online portal.

The recent amendments to India’s foreign direct investment (FDI) rules allow foreign airlines to invest up to 49% in Air India, adding new wings for the nation’s flag carrier that has been wholly owned by the government. The amendments also allow up to 100% FDI in single brand retail trading, among other key changes aimed at relaxing the FDI regime.

Legal and regulatory developments in the country included changes to the foreign direct investment policy, changes to the foreign investment regime, and a new platform for sexual harassment complaints by employees. Labour laws were also reformed and simplified, as well as the new trademark rules, which reduced the number of required forms to just eight.

The Union Cabinet approves abolition of the FIPB—a move consistent with the Indian government’s ongoing efforts to increase the ease of doing business in the country.

The RBI Second Amendment removes certain restrictions regarding LLP activities. On 3 March 2017, the Reserve Bank of India notified the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Second Amendment) Regulations, 2017 (RBI Second Amendment).

Capital gains on alienation of shares to be taxable by India. The India-Mauritius tax treaty was amended by way of a protocol signed by the two countries on May 10, 2016—marking a landmark shift in India’s taxation regime for capital gains from resident-based to source-based taxation. Since the amendment of the India-Mauritius tax treaty, amendments to the India-Singapore tax treaty have...

Key developments in the Indian legal landscape in 2016 - From the Startup India campaign launched in January 2016 to the coming into force of substantial provisions of the Insolvency and Bankruptcy Code in December 2016, the legal landscape in India has witnessed some crucial developments this past year. In this LawFlash, we describe briefly what we consider to be some of the key legal and...

On November 18, India and Cyprus signed a revised agreement for the avoidance of double taxation and prevention of fiscal evasion. Per a November 18 press release issued by the Indian government, the revised agreement (New DTAA) will replace the existing double taxation avoidance treaty entered into by the two countries on June 13, 1994.

India’s Ministry of Corporate Affairs (MCA) issued a notification on December 7 (Notification) announcing that certain provisions of the Companies Act, 2013 (Act), which are currently not in effect, will come into force on December 15, 2016.

The countries seek to facilitate bilateral cooperation and exchanges that encourage innovation. In a first of its kind for India and Singapore, the two countries have entered into a bilateral memorandum of understanding on industrial property cooperation (IP MoU). The Intellectual Property Office of Singapore and the Department of Industrial Policy and Promotion, Government of India,...

The MoUs aim to encourage greater business collaboration and exchange between the two countries. On October 4, Singapore signed three memorandums of understanding (MoUs) with India following talks between the two countries as part of the ongoing state visit by the Prime Minister of Singapore to India.

With amendments to its foreign direct investment policy, India seeks to attract foreign investment in the country. On June 20, the government of India (GOI) issued a press release announcing major changes to its foreign direct investment policy (FDI Policy) aimed at simplifying doing business in India to make it more attractive for foreign direct investment. The amendments will come into...

The amendments are a result of long-drawn negotiations between the two countries. India and Mauritius signed a Protocol on May 10 to amend the India-Mauritius double taxation avoidance treaty. The Protocol grants India taxation rights on capital gains that arise from the alienation of shares acquired by Mauritian tax residents in Indian companies on or after April 1, 2017. During the initial

New updates and projections regarding demand in the employment-based second preference immigrant visa category for individuals chargeable to India have been provided.

Individuals in the United States applying for visas to India should expect processing delays in the coming weeks and months as India transitions to a new visa services vendor.

Applicants will encounter changes to appointment and fee payment procedures starting September 26. The U.S. Embassy in India announced on September 5 that it is implementing a new visa processing system at all U.S. consular posts in India. The changes will impact fee payment and appointment scheduling.

Effective December 1, 2011, the U.S. Consulate in Chennai will be the sole U.S. Consulate in India to accept applications from foreign nationals applying for an intracompany transfer to the United States under the blanket L visa program. The U.S. Embassy in New Delhi and the U.S. Consulates in Mumbai, Kolkata, and Hyderabad will no longer accept visa applications under the blanket L category, but

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 personal information (collectively, referred to as the “Privacy Rules”). The Privacy Rules include the...