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Investment control and the e-tailing marketplace

By Rajat Mukherjee and Arjun Rajgopal, Khaitan & Co
Over the past few years, India has seen the rise of a robust e-commerce economy with all kinds of merchandise being sold to customers through online platforms. E-commerce revenues were over US$14 billion in...

Government gears up for more drug sector buyouts

By Gautam Khaitan and Amlan Jyoti Borah, OP Khaitan & Co
Global pharmaceutical companies are facing the expiry of patents of some of their blockbuster drugs, increased competition from generic drugs manufacturers, and a decline in new money-spinning wonder drugs. In contrast, India is one...

India Business Law Directory 2013

India Business Law Journal presents its annual legal market report and directory of Indian law firms. Amid challenging times for India’s lawyers and law firms, Rebecca Abraham checks the pulse of the country’s legal profession The...

Money matters

Only a calculated economic and monetary policy can revive the rupee, write Navin Syiem and Anjan Dasgupta at HSA Advocates The steep fall of the Indian rupee can be attributed to various factors, including the slow...
Dharmendra Kumar

Supply in demand

The government must protect the weakest links of the supply chain instead of relying on foreign and domestic ‘big-wigs’ to do so, argues Dharmendra Kumar at India FDI Watch Amid protests from allies and political...

Lowering the barriers

Rukshad Davar at Majmudar & Partners analyses the recent FDI reforms and their implications for foreign investors Recent policy moves have relaxed the sectoral caps and the conditions for foreign investment in certain sectors. The...

DIPP clarifies FDI in multi-brand retail trading

On 6 June, the Department of Industrial Policy and Promotion (DIPP) issued a clarification on the provisions for multi-brand retail trading (MBRT) under the consolidated foreign direct investment (FDI) policy issued by the DIPP...

New reforms aim to spice up foreign investment

The Indian government has relaxed a number of rules relating to foreign investment in retail trading. The Department of Industrial Policy and Promotion (DIPP) will now allow up to 49% foreign direct investment (FDI) in...
India Business Law Journal

Memories of a bygone era

There is a sense of déjà vu as the rupee continues its downward march Alittle over 22 years ago an alarming drop in the rupee forced India to move away from 44 years of self-reliance....
A photo of Ganesh Prasad and Sharad Moudgal

Investing in India through non-convertible debentures

By Ganesh Prasad and Sharad Moudgal, Khaitan & Co
Indian companies are increasingly looking at alternative means of raising capital. In the past few years, the Reserve Bank of India (RBI) and the Securities and Exchange Board of India (SEBI) have taken significant...

Higher cap needed to woo defence sector investment

By Anuj Prasad and Kanishk, Amarchand Mangaldas
On 5 April, the government of India issued its latest annual consolidated foreign direct investment (FDI) policy. Contrary to popular expectations, norms governing the defence sector did not undergo any change. As this was...

Foreign airline investment takes off with Etihad deal

By Nimish Vakil and Sneha Rao, Tyabji Dayabhai
Within just seven months of the government of India permitting foreign direct investment (FDI) by foreign airlines in the Indian aviation sector, Etihad, Abu Dhabi’s flag carrier, has struck a deal to buy a...

Sunny solutions?

Bhavana Alexander and Gargi Chatterjee compare India’s state solar power policies and consider the burning issues facing domestic and foreign investors in the sector India is suffering from an acute energy shortage. Rolling blackouts, which...

Supreme Court upholds FDI policy in multi-brand retail

Holding that “on matters affecting policy, this court does not interfere unless the policy is unconstitutional or contrary to the statutory provisions or arbitrary or irrational or in abuse of power”, the Supreme Court...

Recent consolidated policy: Anything new in it for you?

By Gautam Khaitan and Gaurav Kapur, OP Khaitan & Co
India’s Department of Industrial Policy and Promotion (DIPP) makes policy pronouncements on foreign direct investment (FDI) through press notes and press releases which are notified by the Reserve Bank of India (RBI) from time...

Entering restricted markets

Sidharth Bhasin, Denise Ho and Sriram Kilapakkam discuss tactics to overcome some of the operational challenges of Indian investments in the Asia Pacific region Indian pro-liberalization advocates frequently bemoan the slow pace at which many...

DIPP releases new consolidated FDI policy

The Department of Industrial Policy and Promotion (DIPP) has released a new consolidated foreign direct investment (FDI) policy via circular 1 of 2013, which came into force on 5 April. The new FDI policy...

Etihad climbs on board with Jet Airways

Etihad Airways, the national airline of the United Arab Emirates (UAE), has agreed to acquire a 24% stake in Indian carrier Jet Airways for about US$380 million. The deal with Abu Dhabi-based Etihad is...

India outbound FDI trends and recent developments

By Gautam Khaitan and Nidhi Mathur, OP Khaitan & Co
In today’s global environment, emerging market economies are playing a significant role in foreign investment around the world. Outward foreign direct investment (OFDI) is also a key aspect in the globalization of the Indian...
By Nimish Vakil, and Sneha Rao Tyabji Dayabhai

Outlook for key aspects of the aviation sector in India

By Nimish Vakil and Sneha Rao, Tyabji Dayabhai
The Indian aviation sector until recent years was a public sector stronghold. Liberalization and the introduction of private players have led to slow but significant changes. On the domestic front, private scheduled aircraft operators...

More bang for your buck

Six prominent in-house counsel tell India Business Law Journal why some law firms are failing to deliver value for money, how transparency, efficiency and quality advice could improve legal offerings and what can be...
Bank_vault

Reserve Bank of India releases new banking guidelines

On 22 February the Reserve Bank of India (RBI) released the Guidelines for Licensing of New Banks in the Private Sector, paving the way for new private sector banks to obtain licences. The guidelines...

Foreign retailers in India: has romance just begun?

By Priyanka Khimani, Mulla & Mulla & Craigie Blunt & Caroe
Three golden words have got India’s pulse racing at the moment. It’s not the nation’s eternal romance with cricket or Bollywood. It’s a new found love affair with foreign direct investment (FDI)! After teasing foreign...

FDI in the defence sector: Should India allow more?

By Gautam Khaitan, OP Khaitan & Co
India’s global perspective, with its pioneering concepts and vision, has made it a lucrative market for foreign defence giants. In addition to being one of the fast developing economies, India has also focused on...

Indian companies require global view of fund-raising

By Gautam Khurana, India Law Offices
The recent pressures on the Indian rupee have shown the importance of a constant inflow of foreign exchange for the health and growth of the Indian economy. The growing fiscal deficit and negative balance...

Foreign retailers should get set to drive into India

By Gautam Khurana, India Law Office
The retail juggernaut is ready to roll in India. After announcing that multi-brand retail (MBR) would be opened to foreign direct investment (FDI), the Congress government was virtually under siege. It was widely speculated...

Pharmaceutical area poses FDI conundrum in India

By Puja Sondhi and Ramanuj Gopalan, Amarchand Mangaldas
The pharmaceutical sector is one of the fastest growing sectors in India, with an estimated growth in production turnover from about ₹50 billion (US$925 million) in 1990 to over ₹1,000 billion in 2009-10. The...

FDI in aviation sector: Flying high or lying low?

By Gautam Khaitan and Prarabdha R Jaipuriar, OP Khaitan & Co
On 3 January, Jet Airways issued a statement to stock exchanges confirming news reports that it was in talks with Abu Dhabi’s Etihad Airways for a potential investment. These discussions, it stated, had commenced...

Mall developers welcome FDI in multi-brand retail

By Utkarsh Tewari and Akanksha Singh, Mine & Young
The Indian government’s recent decision to allow foreign direct investment (FDI) up to 51% in multi-brand retail has been received with much optimism and some apprehension by the country’s real estate sector. Before we...

Changing scenarios in retail trade in India

By Gautam Khaitan and Arihant Jain, OP Khaitan & Co
The retail industry is one of India’s most dynamic and fast paced industries. With several big players entering the market, India has emerged as the fifth most favoured destination for international retailers, outpacing the...

Deals of the Year 2012

India Business Law Journal celebrates 50 of the most significant deals and disputes of 2012 and reveals the legal architects that guided them to fruition Nandini Lakshman reports from Mumbai The global financial crisis threw up...

India’s retail mystique: the single-brand aspect

By Gautam Khurana, India Law Offices
Allowing foreign direct investment (FDI) in retail continues to stir passions and threatens to be the biggest issue in the Indian parliament and political landscape in the next couple of months. The major issue...
Correspondents-Shardul-Thacker-lawyer-law-firms

Are investment treaties worth the political risk?

By Shardul Thacker, Mulla & Mulla & Craigie Blunt & Caroe
As investors and innovators alike invest billions in research and development of new technology and products, the fate of their entry into foreign markets is ultimately determined by the naked political ambition of power-hungry...

Indian ports sector: sailing through choppy waters

By Akshay Jaitly and Megha Kaladharan, Trilegal
India’s minister for urban development and parliamentary affairs, Kamal Nath, recently announced that the country will spend US$1,000 billion on infrastructure development for the next five years, with 40% of the required investment expected...

Parental control

Foreign companies need to put at least one share of their Indian subsidiaries in other hands Abhilash Pillai and Kunal Arora explain One of the most popular routes for investment into India by foreign parties is...

The retail mystique and foreign investors in India

By Gautam Khurana, India Law Offices
Through a press note on 20 September, India announced that 51% foreign direct investment (FDI) in multi-brand retail trade (MBRT) has been permitted for the first time. The move was part of a round...
Sawant Singh and Davis Kanjamala, Phoenix Legal

A new tune heard in India: Times They Are a-Changin’

By Sawant Singh and Davis Kanjamala, Phoenix Legal
Flying in the face of prevailing negative sentiments about government inaction and policy paralysis, the central Ministry of Commerce and Industry recently came out with a flurry of notifications liberalizing the foreign direct investment...

Problems undermine aims of special economic zones

By Amitabh Chaturvedi and Ekta Sukhramani, Mine & Young
Created as open markets within an economy that is dominated by distortionary trade, exchange regulation and other regulatory governmental controls, India’s special economic zones (SEZs) are seen as an instrument to stimulate economic growth...
Correspondents-Shardul-Thacker-lawyer-law-firms

Everyone stands to gain if trade relations improve

By Shardul Thacker, Mulla & Mulla & Craigie Blunt & Caroe
Benjamin Franklin rightly said, “No nation was ever ruined by trade”. This seems to be fast becoming a mantra as nations experience the revolution in international trade and the power shift among economies. Even...
Nimish Vakil Partneer Tyabji Dayabhai

Foreign direct investment not an overnight solution

By Nimish Vakil, Tyabji Dayabhai
After years of debating whether to permit foreign direct investment (FDI) in India’s aviation sector, the United Progressive Alliance-led Congress government last month announced the long awaited policy in favour of foreign airlines amid...
Any takers

Any takers?

A package of reforms aimed at whetting investors’ appetites may be too little too late Vandana Chatlani reports “Please remember, when the investment was not there, we did not eat lizards,” the former finance minister,...

Floodgates open for foreign investors

The Indian government has lifted investment caps in retail, broadcasting, civil aviation and power trading exchanges, permitting greater foreign participation. We highlight details of each policy change below. Multi-brand retail trading The Department of Industrial Policy...
India Business Law Journal

A case for robust comparisons

“Sometimes you have to be really high, to see how small you really are” Thought-provoking words by the Austrian Felix Baumgartner as he stood 39 kilometres above ground and saw himself in comparison to the...
Amitabh Chaturvedi and Utkarsh Tewari, Mine & Young

Paving the road ahead for FDI in real estate in India

By Amitabh Chaturvedi and Utkarsh Tewari, Mine & Young
With India’s policy makers emphasizing and working towards developing adequate infrastructure, the Indian real estate sector has turned out to be a large employment generator. Since the early 1990s, India has liberalized its foreign...

Will FDI in civil aviation end the sector’s troubles?

By Pankaj Agarwal and Archana Trivedi, Amarchand Mangaldas
On 17 December 1903, the Wright Brothers made the first controlled and powered human flight and fulfilled mankind’s dream to fly, and in December 1912, with the first flight between Karachi and Delhi, the...

Indian investors in Canada and the ‘net benefit’ test

By Milos Barutciski, Bennett Jones LLP
Canada is generally open to inbound foreign direct investment (FDI). Nevertheless, large transactions above a specified financial threshold must be reviewed and approved by the minister of industry under the Investment Canada Act (ICA)....

Finding a way in

Franchising with the help of a local partner may be a foreign investor’s key to unlocking India’s retail market Mark Abell reports The retail sector in India is heavily protected from direct foreign investment. This is...

Singh delights with a deluge of reforms

Indian prime minister Manmohan Singh has surprised and elated investors with a wave of reforms to liberalize various industries, opening the door to more foreign investment. The news broke just as India Business Law...

Tug of war

Conflicting views on the buyback of shares continue to baffle investors Kunal Arora and Priyanka Dixit Sibal explain Private equity and venture capital investors often favour preference shares as an investment instrument over equity shares. This...

FIPB denies Zara expansion

India’s Foreign Investment Promotion Board (FIPB) has rejected an application from fashion brand Zara to expand its business in India. Inditex, the Spanish retailer which owns Zara, planned to introduce another of its labels,...

Options trading in India and the changes made by the Reserve Bank of India

The Reserve Bank of India must review its position on put options or risk driving foreign investors away Umakanth Varottil explains Put options provide a customary and useful exit mechanism to foreign financial investors such as...

Recovering from a stall

Piecemeal policy making has played havoc with the health of India’s airlines. What can propel the industry back to greater heights? Rebecca Abraham reports As the Indian economy stumbles many eyes are on the airline industry,...

Running out of steam

India must persevere with sectoral reforms to revive India’s battered economy, argues Chandrajit Banerjee India saw its economy shrink last year after slow-moving reforms coupled with persistently high levels of inflation – primarily due to...

Frustrated funds

Will a new regulator and a more favourable tax regime succeed in stimulating the private equity sector? Nandini Lakshman reports from Mumbai Emerging markets are still an attractive playground for private equity (PE) players. Over the...

DIPP updates foreign direct investment policy

On 10 April the Department of Industrial Policy and Promotion (DIPP) released a revised version of the consolidated foreign direct investment (FDI) policy through circular 1 of 2012. The new FDI policy subsumes the...

Real estate rules not changed

The Ministry of Finance has clarified the norms for external commercial borrowing (ECB) and foreign direct investment (FDI) in the real estate sector. Under the current policy, ECBs are not permitted in the real...

Some issues surrounding FII investments in India

By Rajat Sethi and Radhika Iyer, S&R Associates
Indian regulations have generally recognized that the objectives of foreign direct investment (FDI) are different from “portfolio investment”; in the latter case, investors do not expect to influence the management of an enterprise. Consistent...

New category created: the qualified foreign investor

By Mohit Gogia and Brajendu Bhaskar, S&R Associates
Until recently, only two categories of non-resident investors, namely, (i) foreign institutional investors (FIIs) and their sub-accounts registered with the Securities and Exchange Board of India (SEBI), and (ii) non-resident Indians (NRIs), were permitted...

Life insurers’ IPO norms: Right step at wrong time

By Siddharth Hariani and Hemant Krishna V, Phoenix Legal
To describe 2011 as a forgettable year for the life insurance segment of the insurance industry would be an understatement. The run-up to 2010 saw the life insurance segment piggyback successfully on unit-linked insurance plans...

FDI limit raised to 100% for single-brand retailers

By Rachael Israel, S&R Associates
By a press note issued by the Department of Industrial Policy and Promotion on 10 January, the Indian government has raised the foreign direct investment (FDI) limit in single-brand retail trading companies to 100%...

Spectre of future tax code hangs over Vodafone win

By Justin Bharucha and Meghana Karande, Bharucha & Partners
On 20 January the Supreme Court held that the Indian Revenue Service (IRS) cannot bring into tax calculations the price of a sale of offshore assets from one person resident outside India to another...
Vodafone gets through

Vodafone gets through

Investors have been buoyed by a pro-taxpayer ruling by the Supreme Court. But how will it affect the taxability of a company? Rebecca Abraham reports Loud applause has followed a 20 January ruling of the Supreme...
RBI eases rules for infrastructure investment

Government revises single-brand retail investment ceiling

After considerable debate, the Department of Industrial Policy and Promotion (DIPP) has agreed to permit 100% foreign direct investment (FDI) in single-brand retail. Investors will require prior approval from the Secretariat for Industrial Assistance...

FDI in retail: proposal, rollback and road ahead

By Suchitra Chitale and Maitry Kakade, Chitale & Chitale Partners
In an ambitious move to respond to demands of the recent times, the Union cabinet on 25 November gave its approval to foreign direct investment (FDI) in multi-brand retail trading (MBRT) and increased the...

History provides clues to attack on options in FDI

By Jatin Aneja, Vidyut Gulati and Varun Nair, Amarchand & Mangaldas & Suresh A Shroff & Co
The recent decision of the Department of Industrial Policy and Promotion (DIPP) to classify all equity shares with in-built options or supported by options sold by third parties to non-resident investors as debt, and...

FDI in retail could spur M&A and Indian markets

By Stephen Peepels and Timothy Franklyn DLA Piper
The Indian government suffered a political setback in early December when it was forced to shelve its proposal to further liberalize foreign direct investment (FDI) in India’s retail sector. The cabinet of the Congress...

Government ‘flip flops’ on retail reform

The Indian government has performed a dramatic U-turn, first announcing it would permit foreign multi-brand retailers to set up shop in the country and then reversing the decision in the face of heavy opposition...
Siddharth Hariani and Davis Kanjamala, Phoenix Legal

Big money and easing target foreign investors

By Siddharth Hariani and Davis Kanjamala, Phoenix Legal
Among the various factors which have contributed to the Indian growth story, infusion of funds from foreign investors would rank near the top. To fulfil the country’s much-touted potential as an economic superpower in...

Further FDI policy easing needed to promote LLPs

By Raghubir Menon and Shubhangi Pathak, Amarchand & Mangaldas & Suresh A Shroff & Co
The recent introduction of foreign direct investment in limited liability partnerships (LLPs) has finally ended the debate initiated in 2009, when this relatively novel concept was introduced in India. LLPs are a hybrid form...

Non-residents can pledge shares of Indian company

By Mohit Gogia, S&R Associates
Recent changes introduced in the foreign direct investment (FDI) policy of the government of India and the introduction of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011...
Indian student

An educated choice

Current regulations are choking the development of the education sector. Siddharth Hariani and Rohith Ashok examine the restrictions and outline innovative ways to get past them In a nation of over a billion, where a significant chunk...
DIPP unveils revised FDI policy

DIPP removes bar on options in FDI policy

The Department of Industrial Policy and Promotion (DIPP) has deleted clause 3.3.2.1 of the foreign direct investment (FDI) policy relating to equity securities with built-in options. The clause was introduced on 30 September. Clause had...

Japan Tobacco to quit India

Japan Tobacco, the world’s third-largest tobacco company, has decided to terminate its joint venture in India by the end of the year. The Japanese tobacco manufacturer has a 50% stake in the joint venture,...
Siddharth Hariani and Davis Kanjamala, Phoenix Legal

Are foreign investors running out of options?

By Siddharth Hariani and Davis Kanjamala, Phoenix Legal
In the minds of foreign investors, doing business in India used to conjure up images of long queues, tedious paperwork and dealing with an endless bureaucratic maze. Much water has flowed under the bridge...

Surveying the field

Predators eyeing India’s listed companies have been empowered by new takeover rules Nandini Lakshman in Mumbai reports on key changes For some years now, the growing challenges and complexities confronting companies globally have seen regulators tweak...
DIPP unveils revised FDI policy

DIPP unveils revised FDI policy

The Department of Industrial Policy and Promotion (DIPP) has released its revised consolidated foreign direct investment (FDI) policy (circular 2 of 2011). The new FDI policy, effective from 1 October, supersedes the previous version...

Enforceability of put options

By Sandip Bhagat and Jabarati Chandra, S&R Associates
Foreign investors typically include exit options in transaction agreements that govern their investment in Indian companies. One such exit option is a put option. By this a foreign investor retains the right, but is...
Rajat Sethi,Simran Dhir,S&R Associates

Rationalizing FDI policy: review of sectoral caps

By Rajat Sethi and Simran Dhir, S&R Associates
The Department of Industrial Policy and Promotion (DIPP) of India’s Ministry of Commerce and Industry recently issued a discussion paper on the relevance of sectoral caps for inbound investment. As a result of these...
Kartikeya Singh,Counsel,Phoenix Legal

FDI in LLPs: an unchartered voyage

By Kartikeya Singh and Raghuveer Sarathy, Phoenix Legal
In 2009, in an important step that gave enterprises the flexibility to combine the features of a partnership with that of a limited liability company, the government of India enabled the creation of limited...
Inder Mohan Singh,Mayuri Roy,Amarchand & Mangaldas & Suresh A Shroff & Co

FDI and convertible instruments: trial and error

By Inder Mohan Singh and Mayuri Roy, Amarchand & Mangaldas & Suresh A Shroff & Co
The foreign direct investment (FDI) regime relating to convertible instruments has been the changed several times over the years. This almost gives the impression that the regulators are relying on trial and error to...

Trouble at the border?

A growing number of inbound investment deals are being subjected to rigorous and long-drawn-out national security reviews Raghavendra Verma reports from New Delhi Aproposed US$7.2 billion joint venture between BP and Reliance Industries will give BP...

The long wait for reform

Is greater foreign investment in India’s insurance sector still a pipe dream? Neeraj Tuli and Celia Jenkins investigate The Indian insurance industry has come a long way since the Oriental Life Insurance Company opened its doors...
LLP

FDI in limited liability partnerships

The Department of Industrial Policy and Promotion (DIPP) has released Press Note 1 (2011 Series) (Press Note 1) allowing foreign direct investment (FDI) in limited liability partnerships (LLPs). Press Note 1 modifies circular 1...
Arun Madhu,Hemant Krishna V,Phoenix Legal

The new FDI policy: signs of progressive liberalization

By Arun Madhu and Hemant Krishna V, Phoenix Legal
The eagerly awaited new consolidated FDI policy was released by the Department of Industrial Policy & Promotion (DIPP) on 31 March. We round up the major highlights of this document, which is commonly known...
Sandip Bhagat,Vivek Kumar,S&R Associates

Consolidated FDI policy: easing investments in India

By Sandip Bhagat and Vivek Kumar, S&R Associates
On 31 March, the Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce & Industry, issued circular 1 of 2011. It reflects the policy framework on foreign direct investment (FDI) in India as...

DIPP introduces new consolidated investment policy

The Department of Industrial Policy and Promotion (DIPP) has released its revised consolidated foreign direct investment policy (FDI policy 2011), effective from 1 April as part of a bi-annual update. A snapshot of the key...
Sawant Singh,Hemant Krishna V,Phoenix Legal

Towards a neo-liberal foreign investment policy

By Sawant Singh and Hemant Krishna V, Phoenix Legal
The flow of foreign investment in India is closely tied to the sensitivity of the regulators to market fluxes and investor sentiment. If news reports and industry sources are to be believed the government...
Kalpataru Tripathy,Saurya Bhattacharya,Amarchand & Mangaldas & Suresh A Shroff & Co

Asian giants should fuel freer cross-border investments

By Kalpataru Tripathy and Saurya Bhattacharya, Amarchand & Mangaldas & Suresh A Shroff & Co
While the world hopes the global meltdown will soon be a thing of the past, investment activities in major economies come under close scrutiny. Simultaneously, the existing legal and regulatory regimes are being tested...

Learning new rules

As Akil Hirani of Majmudar & Co explains, private equity investors are bracing for regulatory changes The promise of higher returns and opportunities for diversification drove up private equity (PE) activity in India over the...
Yashojit Mitra Archana Khosla Economic Laws Practice

Choosing the right sectors

Infrastructure, pharmaceuticals and education present attractive opportunities for private equity investment. Yashojit Mitra and Archana Khosla of Economic Laws Practice explain why A few years ago, Indian real estate was the preferred investment sector of the...

Funds in flux

Regulatory obstacles and systemic turbulence disrupt the dealflow, yet India retains its allure to private equity investors Alfred Romann reports One of the many paradoxes of India is that widespread optimism about the country’s future growth...
India Business Law Journal

Calculated risk examples in business law

Especially when just over five years ago, you had already bought 100 others that are still being delivered. But this is India, and the buyer in question – budget airline IndiGo – knows it...

A spoonful of sugar

Clever structuring sweetened Abbott’s acquisition of a division of Piramal. Yet, the success of the deal may prompt new FDI caps in the pharmaceutical sector Raghavendra Verma reports from New Delhi In May 2010,...
Saket Shukla,Arun Madhu,Phoenix Legal

IPOs in the insurance sector: myriad factors at play

By Saket Shukla and Arun Madhu, Phoenix Legal
Initial public offerings or IPOs in the Indian insurance sector have garnered much interest over the last couple of years. The spark that ignited this interest can be traced to Reliance Life Insurance Company...

Deals of the Year 2010

India Business Law Journal showcases 50 of the most significant transactions, court cases and IP enforcement actions of 2010 and reveals the law firms that guided them George W Russell reports The international financial crash that...
Jatin Aneja Amarchand Mangaldas

Conversion terms of convertible instruments

By Jatin Aneja, Amarchand & Mangaldas & Suresh A Shroff & Co
Compulsorily convertible instruments have been the preferred investment route for private equity and strategic investments entering India, as they offer protection from equity risks. In the absence of specific regulatory prohibition and a pro-foreign...
Circulars, notes and orders

Circulars, notes and orders

Steps are finally being taken to simplify the process through which businesses are notified of regulatory changes Rebecca Abraham reports When the government recently tightened rules on foreign direct investment (FDI) in real estate – saying...
Arun Madhu,Akanksha Midha,Phoenix Legal

Circular 2 – clarity, concision and key changes

By Arun Madhu and Akanksha Midha, Phoenix Legal
True to its word, the Department of Industrial Policy and Promotion ushered in the second half of the financial year with a new edition of the consolidated foreign direct investment (FDI) policy in India...

Structuring JV and acquisition agreements

Nidhi Khadria and Arun Madhu of Phoenix Legal highlight regulatory changes that will affect the drafting of M&A contracts In late 2009, the Indian securities market regulator tasked a group of industry experts with the...

The art of the deal

A revival of inbound and outbound mergers and acquisitions is adding colour to India Inc By George W Russell India-related merger and acquisition deals totalled US$44.2 billion in the first three quarters of 2010, a 24.5% increase...

New circular clarifies FDI guidelines

On 1 October, the Department of Industrial Policy and Promotion issued a new circular on foreign direct investment (FDI) policy. Circular 2 of 2010 clarifies the following points: The manufacturing of “cigars, cheroots, cigarillos...
Juhi Singh,Partner,S&R Associates

Consolidated FDI policy – introducing changes

By Juhi Singh, S&R Associates
On 31 March, the Department of Industrial Policy and Promotion (DIPP) issued circular 1 of 2010 to consolidate all policy on foreign direct investment (FDI). This includes policy contained in the Foreign Exchange Management...

Legal Market Report & Directory of Indian Law Firms 2010

Indian law firms are grappling with a flood of new legislation as they attempt to capitalize on the resurgent economy By Vandana Chatlani In recent weeks resurgent monsoon rains have brought chaos to India’s capital city...
Sawant Singh,Akanksha Midha,Phoenix Legal

Regulatory changes without bite

By Sawant Singh and Akanksha Midha, Phoenix Legal
Close on the heels of the new consolidated FDI policy (which this column discussed last month), comes yet another regulatory change that is impacting deal-making in India with foreign money. The Reserve Bank of...

Foreign investment through convertible securities

By Rajat Sethi and Tanya Aggarwal, S&R Associates
Foreign investors invest in Indian companies through equity shares or securities that are fully and mandatorily convertible into equity shares within a specified time period. These convertible securities include compulsorily convertible preference shares (CCPS)...

Sharing the spoils or spoiling the shares?

Heightened risk aversion and financial prudence on the part of investors may drive a revival of joint ventures. Vandana Chatlani investigates the risks and rewards of joint venturing To many foreign investors, India’s proverbial legal...
Big bang or big gamble

Big bang or big gamble?

India’s new securities rules may trigger a boom in share offerings, but have sparked fears over the liquidity of the market. They have also prompted mixed reactions from listed companies and their legal advisers George W...

Tobacco’s FDI plans go up in smoke

The Ministry of Commerce’s Department of Industrial Policy & Promotion has revised its foreign investment policy to impose a blanket ban on foreign direct investment (FDI) in the manufacture of cigars and cigarettes. Prior to...
foreign direct investment fuddle

The foreign direct investment fuddle

By Saket Shukla and Akanksha Midha, Phoenix Legal
April is normally a time when transactional lawyers look forward to breathing easy and recovering from year-end closings and attendant hectic times of March. But this new financial year, the government has kept us...
Sandip Bhagat,Vikram Jeet Singh,S&R Associates

Foreign investment in the broadcasting sector

By Sandip Bhagat and Vikram Jeet Singh, S&R Associates
The broadcasting sector in India includes FM radio services, cable networks, direct-to-home (DTH) broadcasting services and uplinking news and non-news channels. The Telecom Regulatory Authority of India (TRAI) categorizes services in the broadcasting sector...

The key to success

Opening an Indian office has never been easier for multinational and foreign-domiciled companies. New rules have further expedited the process and created greater transparency George W Russell reports from Bangalore Even the most innovative multinational companies...
Industrial Policy and Promotion DIPP Ministry of Commerce foreign direct investment FDI

Consolidated FDI policy: A welcome move

On 31 March the Department of Industrial Policy and Promotion (DIPP) of the Ministry of Commerce and Industry issued a consolidated foreign direct investment (FDI) policy circular. It became effective on 1 April and...
Foreign investment Indian retail

Foreign investment in Indian retail

By Poornima Sampath, S&R Associates
The Indian retail market is ranked as one of the most attractive retail destinations globally. Press Note 3 of 2006 permits up to 51% foreign investment in an Indian company in the retail sector...
Sawant Singh,Arun Madhu,Phoenix Legal

Master Press Note could clarify India’s FDI policy

By Sawant Singh and Arun Madhu, Phoenix Legal
While most of the world was preparing for the holiday season, the Department of Industrial Policy and Promotion (DIPP), without much notice and publicity, released a draft Master Press Note on foreign direct investment...
Juhi Singh,S&R Associates

Foreign investment in 3G mobile services

By Juhi Singh, S&R Associates
Foreign direct investment (FDI) in the telecommunications sector in India has experienced a substantial increase in the recent past and a further growth is expected following the auction of spectrum to support third generation...
Uday Walia,Partner,S&R Associates

Investing in India through convertible instruments

By Uday Walia, S&R Associates
There are certain issues an overseas investor should take into account when structuring an investment in an unlisted Indian company through instruments that are compulsorily convertible into equity shares of the company. Foreign direct investment...

India in 2010

Business and legal professionals gaze into their crystal balls and share their predictions for the year ahead India Business Law Journal invited senior lawyers, corporate counsel and a risk and security expert to predict the...

FIPB has no objection to FDI from Mauritius

According to a report in the Business Standard dated 7 November the Foreign Investment Promotion Board (FIPB) has pulled up the Department of Revenue for rejecting foreign direct investment (FDI) proposals routed through Mauritius...

Investors may escape lock-in

Foreign direct investment (FDI) in the real estate sector may no longer be subject to the statutory three-year lock-in period. The Department of Industrial Policy and Promotion of the Ministry of Commerce and Industry...
Mrinal Sharma,Avnish Sharma,Amarchand & Mangaldas & Suresh A Shroff & Co

Affordable housing key to real estate recovery

By Mrinal Sharma and Avnish Sharma, Amarchand & Mangaldas & Suresh A Shroff & Co
People in India swear by the success of the real estate sector, and understandably so, for it is the country’s second largest employer and contributes to approximately 5% to its GDP. The sector received...

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