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Practical, plain-language perspectives on Indian and cross-border commercial law — written for business owners, promoters and international clients.
Living in the USA, UK or UAE does not take away your property rights in India. Many steps can be handled through an Indian advocate and a properly drafted Power of Attorney, but the right remedy depends on the type of dispute, the documents involved and how much time remains under the limitation rules.
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Foreign shareholders can exit an Indian company through a share sale, company buy-back or capital reduction. The right route depends on FEMA pricing and reporting rules, tax withholding, company approvals and whether the investment is eligible for repatriation.
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Entering the Indian market? Foreign brands should plan trademark protection before launch. This guide covers clearance searches, filing options, brand ownership and distributor agreements to help businesses protect their identity in India.
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Licensing a foreign brand in India requires more than permission to use its name. This guide explains the key franchise agreement clauses covering trademarks, territory, royalties, taxes, quality control, termination and dispute resolution.
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Foreign companies can acquire Indian businesses, subject to FDI regulations, FEMA compliance, competition laws and applicable SEBI requirements. Understand the essential legal checks, approvals and due diligence before an acquisition.
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Planning to establish a business presence in India? Understand the key differences between an Indian subsidiary, branch office and liaison office, including RBI regulations, permitted activities, tax implications and liability exposure, to choose the right structure for your business.
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The Supreme Court’s Davinder Singh judgment permits sub-classification within Scheduled Castes. Explore its constitutional limits and what the separate opinions say about the SC/ST creamy layer.
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Can the government acquire private property in India? Explore the Supreme Court's landmark ruling in Property Owners Association v. State of Maharashtra, explaining Article 39(b), constitutional property rights under Article 300A, and the legal safeguards governing State acquisition of private property.
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Can Indian courts modify an arbitral award under Section 34? Explore the Supreme Court's landmark Gayatri Balasamy judgment and the 2026 Saisudhir Energy ruling, explaining when courts can correct, modify or partially set aside arbitral awards without reopening the merits.
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Can a foreign company face Indian tax liability without having a physical office? Explore how Permanent Establishment (PE), business connection, Significant Economic Presence (SEP), and tax treaties affect foreign businesses operating in India under the 2026 tax framework.
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Outsourcing software development to India does not automatically transfer intellectual property rights to the client. Understand source code ownership, copyright assignment, developer agreements, open-source licensing and legal risks associated with AI-assisted software development.
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India's 2026 FDI reforms introduce important changes to beneficial ownership, government approval and foreign investment reporting. Learn how the 10% non-controlling ownership relaxation, land-border restrictions and FEMA requirements affect foreign investors and Indian businesses.
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Foreign companies can hire employees in India without establishing a subsidiary, but must consider employment laws, payroll, taxes and permanent establishment risks. Explore EOR services, direct employment, independent contractors and Indian subsidiary options.
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India's DPDP Act applies to foreign businesses offering goods or services to individuals in India. Explore the 2025 Rules, compliance requirements, data protection obligations, and key deadlines for 2027.
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Before signing a commercial contract in India, verifying your counterparty is essential. Explore 10 practical due diligence checks covering legal identity, financial stability, GST registration, litigation, insolvency and contractual risks.
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Drafting a distribution agreement in India? Learn how to handle exclusivity, resale pricing, targets, termination and non-competes under Indian law.
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A foreign company can usually choose the governing law and forum for an India contract, but that choice doesn't remove mandatory Indian law or solve enforcement in India.
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A foreign national can become a director of an Indian company, but acting as its sole director depends on the company structure. Explore minimum director requirements, residency rules and the limited One Person Company exception.
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Learn how Indian businesses can appoint an authorised representative, choose between a Board resolution, authority letter or Power of Attorney, and avoid common legal and compliance mistakes.
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A practical ROC and FEMA compliance checklist for foreign-owned Indian companies covering annual filings, RBI reporting, FLA, AOC-4, MGT-7, FC-GPR, FC-TRS and key compliance deadlines.
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A practical guide to governance, FEMA, FDI, board requirements, related-party transactions, beneficial ownership and annual compliance for foreign-owned Indian subsidiaries.
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Foreign investors setting up an Indian subsidiary must have at least one director who stays in India for 182 days in a financial year. This guide explains Section 149(3), how it differs for branch offices, the appointment process, penalties and a compliance checklist.
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A practical RBI/FEMA compliance calendar for foreign-owned companies in India covering FLA, FC-GPR, FC-TRS, Form DI, ECB-2, APR and key filing deadlines.
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Can an Indian subsidiary open a bank account before incorporation? Learn the rules for foreign parents, SNRR accounts, FEMA compliance, share capital and pre-incorporation expenses.
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A practical 2026 guide for foreign investors on repatriating profits from India through dividends, branch profits and other permitted routes while complying with FEMA, tax, DTAA and banking requirements.
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FC-GPR is an important FEMA filing for Indian companies issuing equity instruments to foreign investors. This guide explains when it is required, applicable deadlines, necessary documents, late-filing consequences and the difference between FC-GPR, FC-TRS and the FLA return.
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See which sectors allow 100% FDI under the automatic route in India in 2026, key exceptions, sector caps, approvals and compliance requirements.
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A newly incorporated foreign-owned subsidiary in India normally already receives its PAN and TAN through the MCA incorporation process. GST registration is separate: it may have been requested through AGILE-PRO-S during incorporation, or it must be obtained later if the company crosses the applicable turnover threshold, falls within a compulsory-registration category, or chooses voluntary registration.
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A wholly owned subsidiary usually fits a foreign company that wants maximum control over its Indian operations and operates in a sector where 100% foreign ownership is permitted. A joint venture may fit better where an Indian partner contributes distribution, licences, manufacturing capability, relationships, capital or expertise—or where the applicable foreign-investment cap prevents 100% foreign ownership.
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Discover the fastest legal routes for a foreign company to start operations in India, including subsidiary incorporation, branch offices, liaison offices, and other entry options.
Read article →Setting up a company in India as a foreign founder involves choosing the right structure (Private Limited Company is most common), meeting FDI regulations, and completing MCA registration — from DSC and DIN to incorporation and compliance. This guide walks through each step to help you launch smoothly and legally.
Read article →Compare an Indian subsidiary, branch office and liaison office to understand which structure best suits a foreign company entering India, including FDI rules, RBI requirements, liability, tax and permitted activities.
Read article →IndemnityAn indemnity clause is a promise to bear specified losses or liabilities if a defined event occurs. In practical terms, when your business gives an indemnity, it may be agreeing to pay another party’s damages, legal costs, settlements and other covered losses—sometimes even before that party has actually paid the underlying claim. Under Indian law, the consequences depend heavily on the exact wording. An indemnity that looks like boilerplate can create liability far greater than the value of the contract itself.
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ContractsIndemnity, liability, jurisdiction, termination and dispute resolution — the clauses that decide whether a contract protects you or fails you.
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Cross-BorderEntity structure, foreign-investment compliance, contract enforceability and dispute strategy — the groundwork to settle before doing business in India.
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Dispute ResolutionCost, speed, confidentiality and enforceability differ sharply. A practical framework for deciding how to resolve a commercial dispute.
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RecoveryA staged legal approach — from a well-drafted notice to negotiation to filing — that often recovers money faster and at far lower cost.
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ComplianceA structured yearly review of your contracts, corporate records and compliance can prevent the disputes that quietly accumulate as you scale.
Read article →Intellectual PropertyWhy early filing matters, which classes you need, and how ongoing monitoring keeps your brand protected long after registration.
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