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

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 Presentation Transcript

  • 1. London, 25th June, 2013 Sanjay Sen, Senior Advocate
  • 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.  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.  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.  Local Partner  financial & legal due diligence  accounting norms & practices  business ethics  culture mapping  Confidentiality & IPR Issues  legal framework & contracts  enforceability 5
  • 6.  Judicial remedies  common law  arbitration  delays  legal resource 6
  • 7. Thank you 7