London, 25th
June, 2013
Sanjay Sen, Senior Advocate
 Business or investment specific strategy
 sector norms
 government involvement
 at policy level
 regulatory approval...
 Sector norms
 Foreign Direct Investment Policy, 2013 (w.e.f. 5.04.13)
 Foreign Trade Policy, 2012
 Reserve Bank of In...
 Federal Polity
 Constitution: Federal & State subjects
 State regulations & taxes
 Policy initiatives - support to in...
 Local Partner
 financial & legal due diligence
 accounting norms & practices
 business ethics
 culture mapping
 Con...
 Judicial remedies
 common law
 arbitration
 delays
 legal resource
6
Thank you
7
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Ethical Business Practises: Entry Strategies and Legal Obligations for Foreign Companies entering the Indian Market

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Mr Sanjay Sen
Senior Advocate, Managing Partner
Praxis Partners, India

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Ethical Business Practises: Entry Strategies and Legal Obligations for Foreign Companies entering the Indian Market

  1. 1. London, 25th June, 2013 Sanjay Sen, Senior Advocate
  2. 2.  Business or investment specific strategy  sector norms  government involvement  at policy level  regulatory approvals  as stakeholder  others (consumer / procurer etc.)  Federal Polity  Market  Local Partner  Confidentiality & IPR Issues  Judicial remedies 2
  3. 3.  Sector norms  Foreign Direct Investment Policy, 2013 (w.e.f. 5.04.13)  Foreign Trade Policy, 2012  Reserve Bank of India Guidelines  Sector specific Guidelines and Procedures – DPP, 2013  Government Involvement  at policy level  negotiating change of policy & risk mitigation  regulatory approvals  process & timeline – extent of support from local partner  as a stakeholder  PPP projects – investment approval  others (consumer / procurer etc.)  government procurement policy, CVC guidelines, procurement terms linked to source of funds – domestic, multi / bilateral sources. 3
  4. 4.  Federal Polity  Constitution: Federal & State subjects  State regulations & taxes  Policy initiatives - support to investment (e.g. FDI in Multi Brand retail)  Political & legal risks – 2G (telecom), Vodafone  Market  market regulator  analysis & intelligence  rules of competition (CCI)  anti –dumping & WTO compliances 4
  5. 5.  Local Partner  financial & legal due diligence  accounting norms & practices  business ethics  culture mapping  Confidentiality & IPR Issues  legal framework & contracts  enforceability 5
  6. 6.  Judicial remedies  common law  arbitration  delays  legal resource 6
  7. 7. Thank you 7
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