How-To Guide

Foreign companies with subsidiaries in India frequently need to repatriate dividends and profits to their home country. Under the Foreign Exchange Management Act (FEMA), 1999, dividends are classified as current account transactions, making them freely repatriable without prior Reserve Bank of India (RBI) approval, provided all applicable taxes have been paid and regulatory procedures are followed. However, the process involves multiple compliance steps across FEMA, the Incom

Receiving a notice from the Central Consumer Protection Authority (CCPA) can be a significant event for any business operating in India. Whether the notice relates to misleading advertisements, unfair trade practices, or product liability concerns, a well-structured response is essential to protect your business interests and demonstrate compliance. This guide provides a step-by-step approach to responding to CCPA investigations and notices under the Consumer Protection Act,

The Prevention of Corruption (Amendment) Act, 2018 introduced Section 9, which for the first time establishes direct corporate liability for bribery offences in India. A commercial organisation can now face prosecution and fines if any person associated with it bribes a public servant to obtain or retain business. The law also provides a statutory defence: if the organisation can prove that it had "adequate procedures" in place to prevent bribery, it can avoid liability. This

Introduction Technology transfer agreements are the primary vehicle through which companies bring patented inventions, proprietary know-how, trademarks, and copyrighted software into India. These agreements must navigate intellectual property law, foreign exchange controls, tax obligations, and competition regulation simultaneously. Getting the structure wrong can expose parties to void contractual clauses under the Patents Act, 1970, withholding tax disputes, or scrutiny fro

Introduction The Green Channel Route (GCR) allows certain mergers, acquisitions, and amalgamations to receive deemed approval from the Competition Commission of India (CCI) immediately upon filing, without the standard waiting period. Introduced through Regulation 5A of the CCI Combination Regulations in August 2019, the Green Channel was formally codified under Sections 6(4) and 6(5) of the Competition Act, 2002 through the Competition (Amendment) Act, 2023. The Ministry of

Introduction On 2 January 2026, the Insolvency and Bankruptcy Board of India (IBBI) notified the IBBI (Liquidation Process) (Amendment) Regulations, 2026, substituting Regulation 47B of the IBBI (Liquidation Process) Regulations, 2016. The amended Regulation 47B mandates that every liquidator must file prescribed forms, together with enclosures, on the Board's electronic platform within the timelines stipulated for each form. Through a circular dated 5 January 2026, the IBBI

Introduction Winning a foreign arbitral award is only half the battle. Converting that award into an enforceable decree in India requires navigating a specific statutory pathway under Part II, Chapter I of the Arbitration and Conciliation Act, 1996 (the "Act"). India, as a signatory to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (the "New York Convention"), has committed itself to a pro-enforcement framework, but the proce

Cartel conduct remains one of the most serious violations of competition law in India, attracting penalties of up to three times the profit earned or ten percent of turnover for each year of cartel continuation, whichever is greater. Recognizing the inherent difficulty in detecting and prosecuting cartels, the Competition Act 2002 provides a leniency mechanism under Section 46, enabling cartel participants who come forward with vital disclosures to receive reduced penalties.

Corporate transparency has become a central focus of Indian company law, particularly with the introduction of provisions targeting the identification of individuals who ultimately own or control companies. Section 90 of the Companies Act, 2013, read with the Companies (Significant Beneficial Owners) Rules, 2018 (as amended in 2019), establishes a comprehensive framework requiring companies to identify and report Significant Beneficial Owners (SBOs). This article provides a s

Introduction India's data protection landscape has undergone a fundamental transformation with the enactment of the Digital Personal Data Protection Act, 2023 (DPDP Act) and the notification of the DPDP Rules, 2025 on November 13, 2025. Among the most operationally significant obligations introduced by this framework is the requirement to notify personal data breaches to both the Data Protection Board of India and affected Data Principals. With the 18-month enforcement clock

The Securities and Exchange Board of India (SEBI) has progressively refined the regulatory framework governing Alternative Investment Funds (AIFs) to attract sophisticated capital while maintaining investor protection. One of the most significant developments in this space is the introduction of the Accredited Investors Only AIF (AI-Only AIF) framework, formalised through the SEBI (AIF) (Third Amendment) Regulations, 2025, notified on November 18, 2025. This framework enables

The Insolvency and Bankruptcy Code, 2016 (IBC) has undergone significant reforms since its enactment, with one of the most notable being the introduction of the Pre-Packaged Insolvency Resolution Process (PPIRP) for Micro, Small and Medium Enterprise (MSME) corporate debtors. Introduced through the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021, effective April 4, 2021, PPIRP provides a faster, cost-effective alternative to the regular Corporate Insolvency Resolut

Software-as-a-Service (SaaS) agreements are now the dominant model for enterprise software procurement in India. Unlike traditional perpetual license agreements, a SaaS agreement grants the customer a subscription-based right to access and use software hosted on the provider's infrastructure, typically through a web browser or API. The shift from on-premise licensing to cloud-based delivery introduces a distinct set of legal issues: service levels and uptime guarantees, data

When imported goods are sold in India at a price below their normal value in the exporting country, and such dumped imports cause or threaten material injury to the domestic industry, Indian manufacturers can seek relief by filing an anti-dumping duty petition with the Directorate General of Trade Remedies (DGTR). The legal framework for anti-dumping investigations in India is contained in Section 9A of the Customs Tariff Act, 1975, read with the Customs Tariff (Identificatio

The Minimum Alternate Tax (MAT) regime was introduced to ensure that companies reporting substantial book profits and paying dividends to shareholders do not escape their tax obligations entirely through the use of exemptions, deductions, and incentives available under the Income Tax Act. Under Section 115JB (now Section 206 of the Income Tax Act, 2025, effective from April 1, 2026), if the income tax payable by a company on its total income as computed under the normal provi