This comprehensive Guide is useful for foreign companies who have invested either in an Indian company or in an Indian venture and are facing trouble due to some action by either Government of India or by any state government or by any other government body. The Guide includes Frequently Asked Questions, Selected Sample Cases and details of key persons involved in international investment arbitration.
Insurance, Sector History, FDI in Insurance, Government Role in Insurance, Industry Growth Pattern, Challenges of Insurance Market, Foreign Direct Investment in Insurance
Insurance, Sector History, FDI in Insurance, Government Role in Insurance, Industry Growth Pattern, Challenges of Insurance Market, Foreign Direct Investment in Insurance
IMAP Financial Services sector Leaders: Jonathan Dalton and Khelan Dattani share insights into the global Financial Services sector. They look at how and why the COVID pandemic affected certain geographies and subsectors more than others and the subsequent impact on deal volumes and valuations. They identify the key areas of growth and common trends driving activity across the globe and examine why the sector is becoming increasingly attractive to PE investors, pinpointing opportunities for buyers and sellers.
The Case for Increasing FDI Caps in Insurance
The history of India’s political economy is replete with missed opportunities. The approach to growth and investment has been often stranded in the many romantic notions of selfreliance and what constitutes national interest. In every
decade since Independence, the approach to foreign direct investment has been influenced by a mistrust triggered by a colonial hangover. Every time India has opened its doors – or windows if you please – to foreign investment, it has been characterised by gradualism in the wake of much opposition. The debates around opening or expanding FDI are similar – as it was when telecom or banking opened up for foreign investment. What is important to recognise is that every such initiative has been beneficial, delivering greater common good.
Higher economic growth is driven by competition and consumer choice. Competition drives efficiency and efficiency drives growth. This is true of every country that has done well economically. It is also true of India since 1991, in segments where competition has been introduced. Any attempt to artificially introduce protection always has costs. Inefficient producers are protected, but at the expense of consumers. Consumers suffer from higher prices,bad service and limited choice. This is straightforward under-graduate economic theory. The gains to inefficient producers are more than neutralized by losses to consumers, leading to an overall deadweight welfare loss to the country.
In this argument, the colour of the competition, whether it is domestic or foreign, does not matter. In addition, there is the macroeconomic argument about a current account deficit having to be met through capital account inflows and non-debt-creating FDI inflows are preferable to debt-creating capital inflows. While these broad arguments about competition and FDI are accepted, the question to ask is, why should the insurance sector not be subject to these compelling arguments? Is there anything special about insurance that rational arguments should not be applied to
this sector? In every sector where India has opened up to FDI, be it manufacturing or be it services, two propositions are empirically evident. First, liberalization helps consumers. Second, fears about inefficient producers being eliminated are also vastly exaggerated.
Instead, producers of goods and services adapt and survive, based on access to capital, technology, knowhow, improved management practices and customer orientation. Therefore, protection not only harms the cause of consumers, it also harms the cause of producers. There is no reason why insurance should be treated differently. And economic logic and rationale should not be conditional on whether one is within the government or is in opposition.
This presentation talks about financial services sector in India. Structure of the financial system, how it has grown in past and the opportunities in future
Guide for Indians Wanting to Seek Relief under India's Investment Treaty with...Anil Chawla
This comprehensive Guide is useful for Indians (including Non-Resident Indians) who have invested either in a foreign company or in a foreign venture and are facing trouble due to some action by either Government of that country or by any provincial government or by any other government body. The Guide includes Frequently Asked Questions, Selected Sample Cases and details of key persons involved in international investment arbitration.
Guide for Arbitration Clause in International Agreements in IndiaAnil Chawla
This Guide is useful for companies planning to develop international relationships. It gives an overview of arbitration clause that is an essential part of all international commercial agreements. It also gives an estimate of the costs involved under various options of international arbitration. The last chapter is about pre-arbitration clause which can help one avoid arbitration and associated legal costs.
Frequently Asked Questions Regarding Delegation of Powers to an Indian Reside...Anil Chawla
This FAQ is intended to help foreign companies or residents to delegate authorities and powers to Indian individuals. It will help foreigners understand the options available as well as the risks and liabilities involved.
IMAP Financial Services sector Leaders: Jonathan Dalton and Khelan Dattani share insights into the global Financial Services sector. They look at how and why the COVID pandemic affected certain geographies and subsectors more than others and the subsequent impact on deal volumes and valuations. They identify the key areas of growth and common trends driving activity across the globe and examine why the sector is becoming increasingly attractive to PE investors, pinpointing opportunities for buyers and sellers.
The Case for Increasing FDI Caps in Insurance
The history of India’s political economy is replete with missed opportunities. The approach to growth and investment has been often stranded in the many romantic notions of selfreliance and what constitutes national interest. In every
decade since Independence, the approach to foreign direct investment has been influenced by a mistrust triggered by a colonial hangover. Every time India has opened its doors – or windows if you please – to foreign investment, it has been characterised by gradualism in the wake of much opposition. The debates around opening or expanding FDI are similar – as it was when telecom or banking opened up for foreign investment. What is important to recognise is that every such initiative has been beneficial, delivering greater common good.
Higher economic growth is driven by competition and consumer choice. Competition drives efficiency and efficiency drives growth. This is true of every country that has done well economically. It is also true of India since 1991, in segments where competition has been introduced. Any attempt to artificially introduce protection always has costs. Inefficient producers are protected, but at the expense of consumers. Consumers suffer from higher prices,bad service and limited choice. This is straightforward under-graduate economic theory. The gains to inefficient producers are more than neutralized by losses to consumers, leading to an overall deadweight welfare loss to the country.
In this argument, the colour of the competition, whether it is domestic or foreign, does not matter. In addition, there is the macroeconomic argument about a current account deficit having to be met through capital account inflows and non-debt-creating FDI inflows are preferable to debt-creating capital inflows. While these broad arguments about competition and FDI are accepted, the question to ask is, why should the insurance sector not be subject to these compelling arguments? Is there anything special about insurance that rational arguments should not be applied to
this sector? In every sector where India has opened up to FDI, be it manufacturing or be it services, two propositions are empirically evident. First, liberalization helps consumers. Second, fears about inefficient producers being eliminated are also vastly exaggerated.
Instead, producers of goods and services adapt and survive, based on access to capital, technology, knowhow, improved management practices and customer orientation. Therefore, protection not only harms the cause of consumers, it also harms the cause of producers. There is no reason why insurance should be treated differently. And economic logic and rationale should not be conditional on whether one is within the government or is in opposition.
This presentation talks about financial services sector in India. Structure of the financial system, how it has grown in past and the opportunities in future
Guide for Indians Wanting to Seek Relief under India's Investment Treaty with...Anil Chawla
This comprehensive Guide is useful for Indians (including Non-Resident Indians) who have invested either in a foreign company or in a foreign venture and are facing trouble due to some action by either Government of that country or by any provincial government or by any other government body. The Guide includes Frequently Asked Questions, Selected Sample Cases and details of key persons involved in international investment arbitration.
Guide for Arbitration Clause in International Agreements in IndiaAnil Chawla
This Guide is useful for companies planning to develop international relationships. It gives an overview of arbitration clause that is an essential part of all international commercial agreements. It also gives an estimate of the costs involved under various options of international arbitration. The last chapter is about pre-arbitration clause which can help one avoid arbitration and associated legal costs.
Frequently Asked Questions Regarding Delegation of Powers to an Indian Reside...Anil Chawla
This FAQ is intended to help foreign companies or residents to delegate authorities and powers to Indian individuals. It will help foreigners understand the options available as well as the risks and liabilities involved.
Guide for Creating a Global Structure Using Holding CompanyAnil Chawla
Indian entrepreneurs are looking at the whole world as
their market. Their global aspirations need to be matched up by suitable business structures. This Guide elaborates a Global Structure suitable for servicing world markets. It discusses setting up companies in Switzerland, Liechtenstein, Singapore, Luxembourg, Ireland, Estonia and Slovenia.
Joint Ventures in India - Options, Regulations and Restrictions for Foreign C...Anil Chawla
This mini-book throws light on the options available to foreign companies when entering into joint ventures in India. It examines the various options with reference to different needs of foreign companies. It also gives in brief the sector-wise restrictions imposed by Government of India in relation to foreign direct investment. The Fourth edition has a special section about formation of joint ventures for participating in government tenders.
Key issues to consider when venturing into business in India. Some topics include repatriation of investments, taxation, court proceedings and IP issues.
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
First thing which comes to anybody’s mind is why set up business in India? Well, presently, India is one of the fastest growing economies of the world.Every year, more and more foreign companies are setting up business in India.
Anil Chawla Law Associates LLP is a law firm based in India. We add value to business. We help startups and MSMEs grow and prosper.
We help through every life-cycle-stage of a small / medium enterprise.
Supporting promoters with creativity, vision, empathy and wisdom is our speciality.
We help Indian entrepreneurs form entities abroad. We also assist foreign companies to enter India.
We help design global structure for visionary Indians with dreams.
We help you with wealth management, family settlement and succession planning.
We combine entrepreneur's perspective with legal expertise and engineer's analytical approach.
Our clients are spread across the globe. We are always near you wherever in the world you may be.
We strive to be your friend, mentor and guide - with trust, confidence and care.
Seeing your business grow and prosper is our passion.
Senior Partner - Advocate Anil Chawla, Bachelor of Technology (Mech. Eng.) from Indian Institute of Technology Bombay; Master of Laws (Corporate & Commercial Law);
Bachelor of Laws, Insolvency Professional;
Author of many articles and books. Public Speaker.
Partner - Advocate Yogita Pant, Bachelor of Arts (Management); Master of Personnel Management; Master of Laws (Corporate & Commercial Law);
Bachelor of Laws, Insolvency Professional
Liabilities of Directors under the Companies Act of IndiaAnil Chawla
This Presentation gives the liabilities (punishments, penalties etc) that a Director of an Indian company faces when the company defaults under the Companies Act 2013 (As amended by The Companies Amendment Act, 2020).
This Guide is intended to help every Hindu whether living in India or outside India to prepare a Will. While the primary focus is on Indian law, it also takes into account essentials of international private law. Written in simple language free of legalese, it gives an overview of Wills for an educated Hindu without any legal knowledge.
A chapter gives legal aspects of executing Advance Medical Directives (Living Will) as per March 2018 judgment of Supreme Court of India. A Sample of Advance Medical Directives is also included.
Decriminalization of Doing Business in India – Cheque BouncingAnil Chawla
This long article is a representation to Government of India pleading for decriminalization of the offence of dishonour of cheques. It pleads that the law relating to cheque bouncing is being used by money lenders and as a result entrepreneurship is being killed in India.
Unfolding of the Great War - World War IIIAnil Chawla
This mini-book is an attempt to understand the key players, the dynamics, the tools and the goals in the Great War (World War 3) which is unfolding across the globe. People's Republic of China seems to be following in the footsteps of Nazi Germany. Annexation of Tibet can be compared to Hitler's invasion of Poland.
India Must Learn to Live with CoronavirusAnil Chawla
India has taken steps like no other country for combating Coronavirus (Covid-19). The country of 1.3 billion people has been placed under general curfew for weeks. Economic cycle has been badly hurt. It is time that the Coronavirus is viewed in the perspective of various communicable and non-communicable diseases that India has been fighting for decades. The article has been described as "Voice of reason in an insane environment".
Coronavirus (COVID-19) - Prevention with AyurvedAnil Chawla
This long article discusses Covid-19 from the viewpoint of ayurved. It provides practical tips to avoid getting hit by the disease and also to reduce the impact if the initial symptoms appear. It also talks about Spanish flu of 1918.
Guide to Place of Effective Management Rules for Foreign Companies Owned by I...Anil Chawla
This presentation is intended to help Indian entrepreneurs owning and managing companies in foreign
countries. Under POEM rules of Indian Income Tax foreign companies are liable to tax in India if their place of effective management is in India. This Guide is intended to help Indian entrepreneurs deal with POEM Rules.
Individual Ethics Adds Value to BusinessAnil Chawla
Business is based on relationships. Individual ethics is the operating system of mind that strengthens relationships and hence adds long-term value to any business.
Interpretation of Statutes and Agreements in IndiaAnil Chawla
This Guide to interpretation of laws and legal documents is intended for non-legal professionals but may
also be useful for legal professionals and students.
Directors Liability under Labor Laws in IndiaAnil Chawla
This presentation discusses the legal provisions related to Liabilities of Directors under Labour Laws. It is of interest to entrepreneurs, business men, directors of companies and corporate houses.
This presentation discusses the legal provisions related to prosecution of directors in cases involving bouncing of cheques. It is of interest to entrepreneurs, directors of companies and corporate houses.
Indian Company Law - Key Aspects and Procedures for ForeignersAnil Chawla
This presentation discusses the key provisions of Companies Act 2013 as related to foreign entrepreneurs and investors. It also gives in brief key visa provisions. It is of interest to foreign citizens as well as to Non-resident Indians.
Companies Act 2013 Key Aspects Related to Corporate Social ResponsibilityAnil Chawla
Corporate Social Responsibility or CSR is a statutory liability for some companies in India under Companies Act 2013. This presentation discusses the legal aspects related to CSR. It is of interest to corporate houses as well as legal professionals.
A Quick Guide to Action on Bouncing of ChequeAnil Chawla
Bouncing of a cheque invites criminal prosecution under section 138 of The Negotiable Instruments Act, 1881 in India. This Guide is meant to help entrepreneurs and small businesses cope with the problems that they often face when a cheque bounces. It gives the legal provisions in common man's language.
Ayurved is the ancient Indian system of keeping good health. Paradigm of ayurved is distinctly different from that of allopathy. While allopathy focuses on curing diseases at a profit, the central theme of ayurved is good health for all. Allopathy follows an analytical-mechanistic approach. Ayurved is a holistic system that takes every aspect of human living as well as the environment into account. Allopathy is based on the mindset of killing the enemy (in this case - micro-organisms like bacteria etc.). Ayurved emphasises harmony and balance. This Presentation dicusses the paradigm of ayurved and also gives a quick overview of ritucharya - the sytem of living one's life in harmony with the changing seasons.
Constitutional Aspects of Indirect TaxesAnil Chawla
This presentation was used for teaching a class of Practicing Chartered Accountants provisions of Indian constitution related to indirect taxation. It gives extracts of relevant articles of the Constitution and also discusses a Supreme Court judgment about luxury tax on tobacco.
Restrictive Clauses in Employment Agreements in IndiaAnil Chawla
This Presentation is intended to give Indian employers an overview of the legal position related to the restrictions that they may impose on employees in employment agreements.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Guide for Foreign Investors Wanting to Seek Relief under Their Country's Investment Treaty with Republic of India
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Thoroughly Revised Third Edition – May 2017
www.indialegalhelp.com
(This Guide is strictly for information only. While all efforts have been made to ensure accuracy and correctness of
information provided, no warranties / assurances are provided or implied. Readers are advised to consult a Legal
Professional before taking any business decisions. Anil Chawla Law Associates LLP does not accept any liability, either
direct or indirect, with regard to any damages / consequences / results arising due to use of the information contained in
this Guide.)
All questions given in the FAQ part of the Guide are hypothetical and have no relation to any real case or situation. The
questions have been framed to illustrate legal principles and are not intended to malign or tarnish any country or person or
company.