Foreign Investment
June 29, 2018

IMPACT OF THE NEW REPORTING REQUIREMENTS UNDER INDIA’S FOREIGN INVESTMENT REGULATIONS AND COMPANY LAW

Consolidated reporting form for foreign investment transactions On June 7, 2018, the Reserve Bank of India (the “RBI”) released a...

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Corporate/M&A, Foreign Investment
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April 21, 2018

A YEAR ON, THE RESERVE BANK OF INDIA NOTIFIES REGULATIONS ON CROSS BORDER MERGERS

The Companies Act, 1956 permitted inbound mergers, i.e., merger of a foreign company into an Indian company.  Even then, there...

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Corporate/M&A, Foreign Investment, Tax
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January 25, 2018

INDIA EASES FOREIGN INVESTMENT NORMS IN SINGLE BRAND RETAIL TRADING, CIVIL AVIATION AND OTHER KEY SECTORS

Introduction On January 10, 2018, the Indian government approved a number of amendments to India’s Foreign Direct Investment Policy (the...

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Corporate/M&A, Foreign Investment
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November 27, 2017

THE IMPACT OF INDIA’S 18/25 CAP ON INDEMNITIES IN CROSS-BORDER M&A TRANSACTIONS

It is commonplace in global M&A deals for buyers and sellers to strongly negotiate the seller’s indemnity obligations, and many...

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Corporate/M&A, Foreign Investment
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April 26, 2017

INDIA – CROSS-BORDER MERGER PROVISIONS NOTIFIED

The erstwhile Companies Act, 1956 (the “1956 Act”) contained provisions for the merger of a foreign company with an Indian company but not vice versa. The Companies Act, 2013 (the “ 2013 Act”) made a significant change and introduced enabling provisions for merging an Indian company into a foreign company. The provisions relating to both inbound and outbound mergers along with the corresponding amendments to the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016, have been notified on April 13, 2017.

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Corporate/M&A, Foreign Investment
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June 24, 2016

INDIA EASES FOREIGN INVESTMENT NORMS IN DEFENCE, PHARMACEUTICALS, AND OTHER KEY SECTORS

Introduction India’s foreign investment regime has been liberalized significantly in the last couple of years.  On June 20, 2016, the...

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Foreign Investment
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June 15, 2016

RBI PRESCRIBES LIMITS ON DEFERRED CONSIDERATION AND INDEMNITY IN CROSS-BORDER TRANSACTIONS

Introduction M&A transactions often include escrow and indemnification provisions. Recently, the Reserve Bank of India (the “RBI”) has amended the...

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Corporate/M&A, Foreign Investment
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April 4, 2016

DIPP ISSUES REGULATIONS ON FOREIGN INVESTMENT IN E-COMMERCE; LIBERALIZES INSURANCE AND PENSION SECTORS

Introduction The Indian government has implemented a host of reforms to liberalize India’s foreign direct investment (“FDI”) regime.  Last week,...

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Foreign Investment
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December 4, 2015

INDIA’S FOREIGN DIRECT INVESTMENT POLICY CHANGES – A CRITIQUE

Introduction India stands committed to having a Foreign Direct Investment (“FDI”) regime that is investor friendly and promotes foreign investment...

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Foreign Investment
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September 7, 2015

POSITIVE SIGNAL TO FIIS AND FPIs – NO MAT PRIOR TO APRIL 1, 2015

Background Section 115JB of India’s Income-tax Act, 1961 (the “IT Act”), provides for taxation of those companies who, despite showing...

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Foreign Investment, Private Equity and Venture Capital, Tax
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