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Tag: Foreign Direct Investment in India

July 2, 2019
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Foreign Liabilities and Assets Information Reporting

The Reserve Bank of India (RBI) vide a 2012 circular, stipulated that Indian companies which have received FDI and/or made FDI abroad (i.e. overseas investment) in the previous year(s) including the current year, should file the annual return on Foreign Liabilities and Assets (FLA) in the soft form which can be duly filled-in, validated and sent by e-mail to the Reserve Bank by July 15 of every year. The coverage was enhanced to reporting of inward and outward foreign affiliate trade statistics (FATS) and reporting by the limited liability partnerships (LLPs) through the subsequent circulars....
May 13, 2019
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Masala Bonds: The Kerala Story

If one were to be asked whether Dim Sum, Matador, Samurai, Kangaroo, Maple and Bull Dog share anything in common, one would be hard-pressed for an appropriate reply.To answer the question posed, the above are all international bonds. International bonds are debt investment instruments issued in a country by a non-domestic entity, in the currency of that non-domestic country. These bonds have been colourfully named, as demonstrated, to evoke an association with their home country. “Dim-Sum” bonds are the Chinese variant, the Japanese version are the lofty “Samurai” bonds, and one can probably guess which countries Matador, Maple and Kangaroo belong to....
April 5, 2019
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Evolution of the Indian ECB Framework

In a caricatured simplified world, there are three broad sources of finance: equity, debt, and borrowing. In each case, in terms of origin, funds can come from domestic and foreign sources. Interestingly, when one looks at Balance of Payments (BoP) representation of a country, it majorly comprises of the following two components: investments and borrowing....
January 3, 2019

FDI GUIDELINES FOR E-COMMERCE ENTITIES

On December 26th, 2018 the Department of Industrial Policy and Promotion under the Ministry of Commerce (the "DIPP"),introduced stricter guidelines that govern foreign direct investment ("FDI") in e-commerce firms. The Government through press note 2 (2018) ("Press Note"), provided for guidelines applicable to such e-commerce entities under the consolidated foreign direct investment policy of 2017 (the "FDI Policy"). ...
June 22, 2018
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Indian companies having foreign investment to ensure re...

The Reserve Bank of India (“RBI”) has introduced a system of the Single Master Form (“SMF”) for foreign investment reporting. Significantly, the RBI now requires all Indian entities having foreign investment to provide an update of the total foreign investment by July 12, 2018....
January 15, 2018

Changes to the FDI Policy 2017

A number of amendments to the FDI Policy, 2017 have been approved by the Union Cabinet. Single Brand Retail Trading no longer requires government approval for FDI....

Collection of Children’s Data under the Digital Personal Data Protection Act: Not Ch...

The protection of children's personal data has and continues to present regulatory and practical challenges for lawmakers, businesses, organisations, institutions and establishments that deal with personal data ("Data Fiduciary").

When “Ok” Becomes “Not Ok”: A cautionary tale of miscommunication from the Indian Patent O...

An important step during patent prosecution in India is the hearing. As the Indian Patent Office (IPO) tends to issue only a single examination report, hearings before the Controller are common.

Navigating Share Transfer Restrictions in Shareholders’ Agreements

Transfer restrictions in shareholder agreements ("SHA(s)") have come to play a critical role in shaping deal dynamics. With India reporting a steady growth in mergers and acquisitions ("M&A"), questions of control, transfer restrictions, ownership flexibility and exit options have become crucial for investors and companies alike.

The Infringer’s Burden in Process Patent Suits in India

Indian patent law contains a unique provision that shifts the burden of proof onto the accused / infringer in process patent suits. But this applies only if certain conditions are met.

NCLT’s Jurisdiction for Fraud in Oppression and Mismanagement Petitions: The Supreme...

The role of the National Company Law Tribunal ("NCLT") as a specialised forum under company law has often led to questions around the exact scope of its jurisdiction.

Can a Trade Mark be opposed in India before it is Advertised for Opposition?

In India, the law provides for formal opposition to a trademark application only after it is advertised, but can a third party intervene even during the pre-advertisement stage?

Essential Clauses in a Contract – Force Majeure in light of Regulatory Shifts and Co...

In August 2025, Dream11, an Indian fantasy sports platform, terminated its Rs. 358 Crore sponsorship agreement with the Board of Control for Cricket in India ("BCCI").

A New Era in Online Gaming Regulation: Introduction to India’s latest Gaming Act

On 20th August, 2025, the Ministry of Electronics and Information Technology (“MeitY”) announced the Promotion and Regulation of Online Gaming Bill, 2025 (“the Act”), a significant legislative milestone which has since received the President’s assent and become an Act.

Guide to the 13th Nice Classification (2025-26) for Trademarks in India

The updated 13th edition of the Nice Classification reclassifies goods and services to streamline the trademark application and registration process.

A Stitch in Time: Quia Timet and Trademarks in India

Brand owners can use quia timet actions in India proactively to stop trademark infringement before it even happens, but must be careful about how, when and before which forum they seek remedies.