We advise on various issues under FEMA (Indian exchange control). Additionally, we advise on sector specific laws and also advise listed companies on various matters (including corporate governance) arising under laws formulated by SEBI.
A brief summary of the services we provide under this practice area is provided below
Sector specific advisory
- Financial services and fintech – advisory on RBI regulations governing NBFCs, digital lending, corporate governance for financial institutions, payment aggregators, outsourcing guidelines to be complied with by banks and NBFCs, legal framework applicable to neo banks, digital investment in gold etc.
- Skincare – advisory under drugs and cosmetics act; labelling requirements.
- Petcare – legal framework applicable to food and drugs manufactured for pets in India.
- Fractional ownership in real estate – evaluation of various fractional ownership models under the Indian legal framework.
- Gaming laws – evaluation of gaming apps under state specific gaming and gambling laws.
- Food retail – advising under licensing requirements and compliance for manufacture and sale of food through online and offline channels including advisory on e-commerce FBO.
- Manufacturing – advisory under state specific factories act; licensing requirements from the pollution control board etc.
FEMA
- India’s exchange control regulations play a pivotal role in controlling the amount of money that go out of India and what monies can come into India. No transaction or structuring exercise can be completed without taking into account India’s exchange control regulations and what impact it may have on the transaction. Similarly, investment outside India for individuals / family offices also need to be compliant with the
- Indian exchange control regulations. In this regard, below are the services that we provide.
Indian exchange control related advisory and transactional assistance with specific focus on outbound transactions (Overseas Investment and Overseas Portfolio Investment). - Structuring of group from an exchange control standpoint including flip and reverse flip structures.
- Assistance on compounding matters.
- Analysis of permissibility of foreign investments from FDI standpoint.
SEBI
- Assistance on filing of settlement applications with SEBI.
- Assistance on seeking exemptions under regulation 11 of takeover code.
- Assistance on compliances under listing regulations, takeover code and insider trading regulations including formulation of various policies mandated under law for listed companies; review of disclosures to be made to stock exchanges; disclosures to be made under the takeover code etc.