Article/news

REGULATORY COMPLIANCE FOR SETTING UP OPERATIONS IN INDIA

Regardless of the situation, developing an international business and operating in international markets can expose an organization to a myriad of complex rules that govern international trade and foreign investment. Today, virtually all businesses are in some way affected by global enterprise. At Trustman, Law Firm understand that skilful navigation through unfamiliar laws and regulations, treaties, customs and tariffs, bureaucracy, language barriers and unknown business practices is critical to an organization’s success in the global marketplace. Whether a business crosses one or many borders, we provide strategic legal advice that helps our clients seize and maximize the available opportunities while also managing and minimizing the risks.

The continued expansion of international trade law beyond trade in goods to include services, foreign investment and trade-related intellectual property measures, product certification has meant that advising clients on all of their trade law matters frequently requires access to experts in other legal areas. As a premiere business law firm, Trustman is able to provide specialized advice in the areas of international taxation, transfer pricing, intellectual property, financial services, competition, energy and natural resources, administrative litigation, the environment, packaging/ labeling standards, product certification, privacy, temporary entry requirements and immigration.

Law Firm undertakes to secure all the permissions required under Indian law for setting up operation at all level in India.  A foreign company can set up its presence in India through a liaison office, a branch or a subsidiary. As a liaison office is not permitted to carry on any trading, commercial or industrial activity in India or earn any income from the day-to-day activities carried on by it in India, it is suitable as a mere representative office, which acts as a facilitator for the parent company which is currently gauging the market scenario in India. A branch on the other hand is permitted to carry on certain specified activities. A subsidiary is treated almost at par, with a domestic company. In some sectors, there is a cap on foreign investments and prior approval of the regulatory authorities such as the Foreign Investment Promotion Board is also required. In other cases, only the Reserve Bank of India is required to be intimated within a specified period of time from the date of issue of shares to foreign shareholders.

Law Firm's  practice area relating to assisting our clients in setting up their operations in India focuses on:

•  Advising for entry strategy for India.  

• Certification of the product that is required to sell the product in India and worldwide.

• Guiding our clients through the various laws, rules and regulations that will impact setting    up of operations and running of business in India and worldwide.  

• Structuring the investment in India in the most tax optimal manner.

• Assisting our clients in filing applications with the various regulatory authorities and obtaining a clearance, such as clearance from the Foreign Investment Promotion Board, if the activities of the client require such a clearance and do not fall under the automatic approval route

• Assisting in incorporation of the company by drafting of and filing the relevant incorporation documents with the Registrar of Companies  

• Advising on the various compliance procedures under relevant laws, rules and regulations and Obtain licenses and address regulatory compliance

• Comprehensive legal audit of the business whether the business complies with the law of land as may be required under Indian laws and further advising the corrective measures.