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Author: MyLawyer

Best and Experienced Lawyers online in India > Articles posted by MyLawyer (Page 35)

Legal Compliances for Venture Capitalists (VCs) and Private Equity (PE) Investors before Investing Money: Lawyers Advice

The business scenario in today’s time is dependent on investments or what is known as fund raising especially for new startups and small businesses. This increasing culture of investments has led a rapid growth of Private equity investment in India. Public Equity is an alternate investment option used by companies that are not public or listed on the stock exchange. It used by High Net Worth individuals or firms to purchase shares or interest in private companies or public companies with an aim to make them private and delist from the public stock exchanges. Usually small or new companies which...

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Foreign Direct Investments (FDI) in Healthcare Sector in India: Lawyers Advice

The healthcare sector mostly comprises of the hospitals, medical devices, medical technology, medical insurance, medical equipment, clinical trials and telemedicine. A non-resident investor outside India can invest in an Indian Company under the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000. However, the foreign investment flow into India is governed under the Foreign Exchange Management (FEMA) Act, 1999 and the regulations made by Reserve Bank of India (RBI) as well as the Policies issued by the Ministry of Commerce and Industry also govern Foreign Direct Investment (FDI) flow in India. The following...

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Foreign Direct Investments (FDI) in Fast Moving Consumer Goods (FMCG): Lawyers Advice

The retail sector in India sells goods to the customers which satisfy their wants or needs. These goods are called consumer goods or final goods. The Fast Moving Consumer Goods (FMCGs) also falls under the category of consumer goods where such goods are sold at a quicker rate and have relatively low cost. Foreign entities can sell their goods or products in India through their own retail shops. India does not prohibit the flow of Foreign Direct Investment (FDI) in retailing, but has allowed the FDI in retail for specific products. There are three forms of trading of consumer goods...

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Foreign Direct Investments (FDI) in E-Commerce Sector in India: Lawyers Advice

In a country like India where funds are not easily available, Foreign Direct Investment (FDI) helps the economy develop and act as a vital source of funds for companies wherein non-resident individuals or entities can invest money into India. Foreign Direct Investment (FDI) in India is mainly governed by the Department of Industrial Policy and Promotion (DIPP) and the laws relating to foreign exchange is controlled and managed by the Foreign Exchange Management Act (FEMA) of 1999. Foreign investment in the E-Commerce sector could be made possible even with the investor residing in his own country. But however, in order...

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Foreign Direct Investment (FDI) Regulations for Foreign Investors in E-Commerce in India: Lawyers Advice

The buying and selling of products or services in exchange of consideration using Internet is called E-commerce. India has traded in the past for example silk route, spice route etc but the order of the new world has changed paving its way to becoming more technological friendly. India’s e-commerce industry is expected to become thrice as large by the end of 2021. PROCEDURE TO SET UP E-COMMERCE IN INDIAThere are two ways by which an entity can become a market participant; 1) Creating your own Proprietary E-commerce websiteThis will require a website development team, payment gateway and an online...

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Basics of Foreign Direct Investment (FDI) Regulations for Foreign Investors in India: Lawyers Advice

India is one the fastest growing economies of the world due to its lenient policies for Foreign Direct Investment (FDI) which turns out to be appealing to the foreign investors, be it individuals or corporations. The Government has formulated FDI regulations with the intent to promote and attract foreign investments by being comprehensible, transparent and predictable. WHO CAN INVEST? • A foreign investor can either invest in a private limited company or a public limited company. • A foreign company can either invest in Joint Ventures and wholly owned subsidiaries. ADVANTAGES OF INVESTING IN...

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Intellectual Property Rights (IPR) over the Content of E-Learning Apps & Online Coaching Classes

In the age of digitisation, recent development in the education sector has also shifted from traditionalist approach to modernist approach. Everything has gone online; imparting virtual education has become our reality. Lectures are being held online, study material is circulated with the click of a button making it prone for the Intellectual Property Rights (IPR) of the original creator/educator to be infringed which is a legitimate concern. COPYRIGHTS IN E-LEARNINGThe copyright laws in our country are not only a piece of legislative work but also a social welfare mechanism to help people protect their intellectual property (IP). According to section 13 of...

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Intellectual Property (IP) Protection for Computer Softwares in India

Computers have become an integral part of our digital lives which helps reduce the burden of tasks on humans with efficiency and effectiveness. Software is set of instructions and programming for performing various tasks, in the most general sense. It is important to know what protections are granted to the programmer(s) as it involves a lot of time, effort and creativity of the person who is helping to make the process easier for users. SOFTWARE COPYRIGHT PROTECTION Copyright gives protection to the author’s expression of work. It aims to protect code functions that form the software in the computer.Section 2(ffc) of...

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Overcoming Force Majeure amid Post Coronavirus Pandemic: Lawyers Advice

Coronavirus or Covid-19 has been declared as a global pandemic by the World Health Organisation and has resulted in complete lockdown in various countries across the world. This has resulted in the stoppage of work in both private and public sectors leading to a lot of default in the fulfillment of the contractual obligations. Therefore, it in light of the global impact of Covid-19, it important for businesses to review their Force Majeure Clause in contracts to understands its relevance in the current scenario and in order to understand how to defend themselves in case force majeure is invoked...

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Force Majeure vs. Frustration of a Contract: Lawyers Advice

Coronavirus or Covid-19 has been declared as a global Pandemic by the World Health Organisation (WHO) on March 11, 2020 which is considered to more severe than an epidemic due to its geographical outreach. It has resulted in complete lockdown on various countries across the globe including India, which has to led to complete stop on all economic activities other than those falling under the purview of essential services. As an aftermath of this lockdown, various businesses and companies are not able to fulfill their obligations of the contracts they have entered into. Hence, in order to prevent any liability...

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