Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

Legal framework of business

8,158 views

Published on

Published in: Business
  • Be the first to comment

Legal framework of business

  1. 1. Legal framework of business
  2. 2. Learning outcome  Understand the meaning and nature of law  Understand the legal environment of business  Classification of law  Sources of Indian law  Employment law
  3. 3. DEFINITION OF LAW  THE BODY OF RULES WHETHER PROCEEDING FROM FORMAL ENACTMENT OR FROM CUSTOM ,WHICH A PARTICULAR STATE OR COMMUNITY RECOGNIZES AS BINDING ON ITS SUBJECTS OR MEMBERS  Important elements-  Law is a body of rules  Law is for guidance or conduct of persons –both human and artificial  Law is imposed  Law is enforced by the executive  The state  Content of law
  4. 4.  Two basic ideas of law- to maintain social order in a group  To compel members of the group to be within that order  Law is made to serve some purpose which may be social, economic or political  Law and morality
  5. 5. Classification of law  Public law vs. private law  Criminal law vs. civil law  Substantive vs procedural law  International law and municipal law  Public international law and private international law
  6. 6. Sources of indian law  Primary and secondary sources  Customary law  Judicial precedents are an important sources of law  Meaning of Ratio Decidendi  Meaning of Obiter Dicta
  7. 7. India-booming country  Largest democracy of the world ; population of 1.2 bn Growth rates 2010/2011: 7%; 2011/2012: 7%; 2012/13E: 7% Growth rates will exceed those of China Demographic trend: Average age: 25 years 25% of the world's population below 25 lives in India 50% of the population below 25 years 5.5% of the population above 65 years Third largest economy in the world in 2050 (today: 10th) Fifth largest consumer market in 2025 (today: 12th) Household income: dou
  8. 8.  Middle class grows by 1 million every month  Business language: English  Education is a key asset – IT / technology / Science play an important role  Foreign direct investment ("FDI") into India: USD 24bn in 2010/2011; USD 32 bn in 2011/2012 – the EU is India's largest trading partner  UNCTAD World Investment Report (2012): ranked no. 3 among preferred investment destinations for international companies
  9. 9.  M&A in India (2011): USD 26bn, - 43% compared to previous year – Outbound: USD 9.9 bn  Inbound: USD 9.99 bn  Domestic: USD 6.1 bn  Issues: increasing costs (HR cost: 10-15% p.a.), inflation  Slow pace in further liberalisation of economy  Corruption  Efficiency of administration and judiciary  Infrastructure Investing
  10. 10. India’s economy- the development since 1947  Command economy, largely following socialist principles including nationalization of companies, strict licensing etc. (1947-1990)  Start of economic liberalization and globalization of the Indian economy when forex reserves almost at nil (1991-2000)  Further liberalisation (since 2000)  2010: Consolidation of FDI Policy 2012: Important step: retail
  11. 11. Why india-the reasons to invest  India provides huge investment opportunities, including in the following sectors: Infrastructure: Power  Telecommunications  Roads  Ports  Civil Aviation & Airports  Petroleum & Natural Gas  Urban Infrastructure
  12. 12.  Services: Banking & Financial Services  Insurance  Real Estate & Construction  Retail  Tourism  􀀀 Manufacturing: 􀀀 Metals: Steel & Aluminium  􀀀 Textiles & Garments  􀀀 Electronics Hardware  􀀀 Chemicals  􀀀 Automobiles  􀀀 Auto Components  􀀀 Gems & Jewellery
  13. 13.  Manufacturing (cont.): Food & Agro Products  􀀀 Natural Resources: Coal  Metal Ores  Oil & Gas Exploration  􀀀 Knowledge Economy: Pharmaceuticals & Biotechnology  Healthcare  IT & IT-Enabled Services
  14. 14. Legal framework  Constitution  Incorporation and status of international and domestic law - Geneva conventions (1950) - Genocide conventions(1959) - CERD(1968) - ICCPR( 1979) - CONVENTION AGAINST TORTURE(1997)
  15. 15. A MODERN LEGAL FRAMEWORK  Intellectual Property: Paris Convention and TRIPS  Modern IP laws: Copyright Act, 1957  Patents Act, 1970  Trademarks Act, 1999  Designs Act, 2000  IP owners entitled to civil and criminal remedies  Employment Laws: Laws mainly regulate blue collar sector; white collar sector: contractual  Generally not as strong as European employment laws, but in particular PSUs have strong labour representation
  16. 16.  Competition Law Competition Act, 2002 replaces MRTP Act  Modern competition law; first decision issued by the Competition Commission of India  Provisions concerning anti-competitive agreements and abuse of dominant position in force  Merger control rules in force  Dispute Resolution Developed court system  But: long proceedings; therefore: arbitration
  17. 17.  Dispute Resolution (cont.) Arbitration in relation to India transactions: concerns of international businesses and arbitration experts  New proposals to reform the Indian arbitration framework  Careful drafting of arbitration clauses required

×