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Foreign Direct Investments vs. Indirect Foreign Investments in India: Lawyers Advice

In order to calculate the total Foreign Investment in an Indian company, all types of foreign investments must be included; Foreign Direct Investment (FDI) and Indirect Foreign Investment. 1) Foreign Direct Investment (FDI):a) Investments made by a non-resident Indian entity or individual directly into an Indian company is called Foreign Direct Investment (FDI). This entire amount is counted as FDI when calculating the total foreign investment in an Indian company. b) In India 100% FDI is permitted under the automatic route, that is where no prior permission from the Government is required for foreign investment. With...

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Laws on Indirect Foreign Investments in India: Lawyers Advice

When an Indian company having foreign investment is owned or controlled by a foreign entity, invests in another Indian company then such investment is called Indirect Foreign Investment or Downstream Investment. Foreign entities are permitted to invest in India either directly by way of Foreign Direct Investment (FDI) or indirectly by Indirect Foreign Investment. Such Indirect Foreign Investment can be carried out as an alternative to Foreign Direct Investment (FDI). Such investments must comply with the Foreign Exchange Management Act (FEMA) and the Securities and Exchange Board of India (SEBI) guidelines and must notify the Reserve Bank of India (RBI)....

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Legal Compliance for Foreign Companies for running Dropshipping Business in India

Dropshipping is a type of business platform which connects the buyers and sellers. This is a platform where the retailer does not keep the goods in stock but transfers the orders to either a manufacturer or another retailer who then delivers the products directly to the customers. This platform is still in the growing stage in India. Some of the Indian dropshipping platforms are TradeIndia, IndiaMart, Coorgle Dropshipping, etc. Since this platform of business is emerging all around the world a question arises if a foreign company can do dropshipping business in India. Foreign Companies doing...

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Intellectual Properties (IP) Protection to Drone Technologies in India: Lawyers Advice

Drone manufacturers, application developers and customers understand the significance of protecting valuable intellectual property (IP) surrounding drones along with the interacting drone applications. As more and more highly developed drones are invented with distinctive utilities, it opens up portal for protection by the grant of patents. GRANT OF PATENT Under the Indian Patents Act, 1970, although there is no express limitation on filing patent applications regarding drone inventions, particular procedures need to be followed if the invention if its collides with military or national interest, and the grant of such patents may be subject to prior government approvals (including the Indian...

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Drone Technology & their Regulations in India: Lawyers Advice

Drones are unmanned aircraft systems which can be flown without pilot actually on board. This invention has been with us for a while now and it can be traced back to the time in 1849, when Austrians attacked the city of Venice with balloons laden with explosives. The first pilotless aircrafts were designed by the end of the World War I by the US Army. These vehicles were meant to bombard the enemy lines became useful for military use but with the advancement of the technology and lowering of the production costs drones were explored by government and corporations for...

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Legal Guidelines, Procedures, Rues & Regulations for E-Commerce Companies in India: Lawyers Advice

E-Commerce plays an integral role in everyone’s life. It is not a privilege but a necessity for a large part of the urban population. From cloths to electronics and from vegetables to books, people are using E-Commerce to buy and sell almost all products used by a any person. E-Commerce in most simple words refers to the buying and selling of goods through electronic medium using the internet. With the increasing penetration of Internet and the increasing truth of people in online buying coupled with cheap phone and increasing technological knowledge amongst people, e-Commerce business is growing at a rapid...

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Legal Guidelines, Procedures, Rues & Regulations for Setting-Up Manufacturing Unit in India: Lawyers Advice

The manufacturing sector in India has the highest growth rate in the past decade, which has targeted the global market and plays a key role in the global competition. As per reports, India’s manufacturing sector is estimated to touch One Trillion US Dollars by the year 2025 and accounting for 25-30% of India’s GDP and further, excepted to create 90 million jobs domestically. In the past few years, the Indian Government has taken strategic steps to lay down laws, rules and regulation to boost the manufacturing industry by promoting foreign investment and giving highly attractive tax incentives. Further, high consumerism...

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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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