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FDI and FEMA

Singh & Associates provides specialized service under foreign exchange law. With a dedicated team to look into the matters of foreign investments in India the firm serves with customized updates on investment opportunities in Indian subcontinent. It offers whole range of legal, consulting and procedural services for foreign investment through financial and technical collaborations, joint-ventures, capital market and private/preferential placement which comprises negotiations with Indian counterpart, drafting of instruments, getting required approvals from Governmental Agencies in establishing and organizing wholly-owned subsidiaries, Joints-ventures and/or Branch/Project/Liaison Offices on behalf of foreign investors under exchange and corporate laws in India.

India has in the recent years emerged as a favored destination for investment in various sectors like Power generation, Heavy Machinery, Infrastructure project, Telecom, Communication, Software, Aviation etc.

The Government now controls only key areas such as Railways, Atomic Energy etc. Most of the business sectors are now fully or partially open to foreign investment. Various hurdles that existed earlier have been removed as a result of the winds of liberalization sweeping the country. India has now opened its doors to foreign investment in a major way.

Apart from setting up of representative office/place of business the most preferred route for the foreign entities to enter into the Indian market is to incorporate a Wholly Owned Subsidiary. This obviates the need of an Indian partner, and the foreign company can control the Board of Directors of the (WOS) to the fullest extent. To incorporate a Wholly Owned Subsidiary with 100% FDI, a foreign company, in most of the business sectors, does not need any prior approvals.

A Foreign Company can choose to opt for the Joint Venture route in India if it becomes necessary due to compulsion of taking on an Indian partner. It could also be necessary to opt for the Joint Venture route wherein technology and financial contribution comes in from an Indian company or the foreign investor decides to utilize the already established distribution or marketing network of the Indian partner. If all the partners of a Joint Venture are foreign companies without any Indian participation (in financial or technical terms), the venture will be cleared through the automatic approval route

The firm is experienced and competent to negotiate and advise on joint ventures between Indian and foreign parties and Indian and Indian parties. The firm is also involved in the formation, structuring and organization of companies having foreign equity and technical participation with or without Indian Partners.

We offer whole range of legal, consulting and procedural services for foreign investment through financial and technical collaborations, joint-venture, capital market and private/preferential placement which comprises negotiations with Indian counterpart, drafting of instruments, getting required approval from Governmental Agencies in establishing and organizing Wholly-owned subsidiaries, Joints-ventures and/or Branch / Project / Liaison Offices on behalf of foreign investors under exchange and corporate laws in India.

Apart from the above our team help our client through specialized service in current/capital account transactions, issue and transfer of securities to person resident outside India/NRIs, Borrowing/lending in foreign exchange, borrowing and lending in rupees, deposits, foreign currency accounts, export and import of currency, acquisition and transfer of immovable property in India/outside India, foreign guarantees, realization, repatriation of foreign exchange, possession and retention of foreign currency, foreign exchange derivative contracts, offshore banking and adjudication & compounding proceeding under Foreign exchange Management Act.

 



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