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Foreign Direct Investments (FDI) in Education Sector in India-2: Lawyers Advice

Applicable Laws: • Right to Education Act, 2009: This act recognizes a right to free, compulsory primary education for all, an obligation to develop secondary education accessible to all. • Companies Act, 2013: The Act regulates the formation, financing, functioning and winding up of companies. The Act contains the mechanism regarding organizational, financial, and managerial, all the relevant aspects of a company. • Foreign Exchange Management Act, 1999: The main objective is of facilitating external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in...

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Foreign Direct Investments (FDI) in Education Sector in India-1: Lawyers Advice

Entering the Indian Market: • Foreign direct investment (FDI) is permitted up to 100% under the automatic route in the education and learning sector that is also subject to the sectoral rules or regulations as may be applicable. • Therefore, while FDI is allegedly allowed in education under the automatic route, the current FDI policy read along with the various affiliation and accreditation rules or bye - laws effectively forbid foreign investors from investing in a society, trust or "not-for-profit" company permitted to establish and maintain schools in India. • ...

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Foreign Direct Investments (FDI) in IT & IT Enabled Services in India-2: Lawyers Advice

Applicable Laws: • Government introduced the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 under the Information Technology Act, 2000, which apply to bodies corporate and persons located in India. • Indian Patent Act,1970- In India, as per the 2002 amendment to the Patents Act "computer programs" per se "were not regarded as inventions", causing debate on whether a computer program with any added features such as industrial application, would be patentable. It can’t merely be software but it should also have a technical effect to it....

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Foreign Direct Investments (FDI) in IT & IT Enabled Services in India-1: Lawyers Advice

Entering Indian Market: • India has emerged as the world’s major Business Process Management (BPM) destination with the IT-BPM sector having a stunning share of 45% in the total Indian services export. The sector is the largest employer in the private sector, employing 4.1 million people. • 100% FDI is allowed in Data processing, Software development, Computer consultancy services; Software supply services; Technical testing and Analysis services, etc. under the automatic route. • Up to100% FDI in the IT sector in India is allowed in B2B E-commerce. • ...

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Foreign Direct Investments (FDI) in Clothing & Apparel Industries in India-2: Lawyers Advice

Applicable Laws: • Central Silk Board Act, 1948: Enacted with the purpose to develop and control the silk industry and to establish Central Silk Board. • The Textile Committee Act, 1963: The Act was enacted to facilitate the establishment of a Committee that ensures the quality of textiles and textile machinery and for matters connected therewith in India. • The Textile Undertakings (Taking Over Of Management) Act, 1983: The Act provides for the taking over the management of the textile undertakings of the companies specified in the First Schedule pending...

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Foreign Direct Investments (FDI) in Clothing & Apparel Industries in India-1: Lawyers Advice

Entering Indian Market: • Indian textile and apparel industry is one of the largest in the world with US$ 38 billion of export and US$ 50 billion of domestic textile. India has the most liberal and transparent FDI policy amongst the developing countries, making it can ideal destination for investment in textile industry. • FDI Policy in India allows 100% FDI in the textile industry through the automatic route requiring no prior approval of the Government or the Reserve Bank of India. • The investors are however, required to...

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Precautions while Executing International Franchise Agreements: Lawyers Advice

International franchise agreements tend to delay and cause annoyance to the pre-existing state of laws in the appropriate state. It can be both legal as well as commercial in nature which can turn out to be a difficult situation for the parties involved in such transaction. There are various commercial pitfalls while franchising internationally which are listed down below:Targeting the Wrong Country or Domain: Factors which should be considered while choosing franchisee’s state includes: • minimal government interference with the provisions agreed to by the parties • The capability to earn profits for the franchisor....

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Applicable Laws & Legal Compliances for Franchise Business in India: Lawyers Advice

India is at a budding stage with huge potential for the franchising industry. Over the past few years, India has attracted the interest of major international brands and their success has encouraged others to explore franchise opportunities. Some noteworthy franchise transactions in the past 12 months including the following: • Doner & Gyros (Dubai) has started franchising in India. • Italian brand Monnalisa is opening its first franchisee store in India. • British brand Simon Carter has opened multiple stores in India. There is currently no legislation which specifically regulates franchising. In the absence of specific...

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Basic Principles of International Franchise Agreements: Lawyers Advice

Each country has its own rules and regulations of the franchise model. The different law regimes are franchise-specific laws, general commercial laws or Codes of Conduct: • Franchise Specific Laws:: Franchise business laws usually mention pre-contractual disclosure, franchisor/franchisee relationships and registration prerequisites. The purpose is to protect native franchisees from their own decisions, and from being subjugated by franchisors. In many cases franchise-specific laws are protective nature. • General Commercial Laws: In some states, the franchise model is usually covered under the general commercial and competition laws. For example, the France Commercial Code is...

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Applicable Laws & Legal Compliances for FinTech Start-ups: Lawyers Advice

The government is making sincere efforts to make India digital. It has been introducing the developments in the Fintech sector because of the rapid technological advancements. Different Sources to Raise Funds for Fin-tech Start-ups: 1) Issuance of shares (equity, preference), debentures. 2) Angel investors, incubator and accelerators have shown significant involvement in start-ups. 3) Public offering and raising funds from the market 4) Crowd funding. Encouraging Investment Schemes in IndiaThe Department of Industrial Promotion and Policy has recognised 16000 start-ups and about 130 of them obtained financial assistance till February 2019. The government has launched tax benefits which include 3 years...

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