How IBM started and how it is running its business in India complying with acts and laws?

1. A PRESENTATION
ON IBM INDIA FROM
THE LEGAL
ASPECTS

2. HOW IT STARTED
Founded in 1911, Endicott, New York as the
Computing-Tabulating-Recording
American MNC Headquartered in Armonk,
New York
Produces and sells computer Hardware,
Middleware and Software and provide
hosting and consulting services
Operations in over 170 countries

3. IBM INTERESTING FACTS
 Helped Mission Apollo – 1969-1971
 Five IBM,s employees have won Nobel Prize
 Experts believe that Bellsouth IBM Simon was first smartphone
Leo Esaki
(Japan)
Georg Bednorz
(Germany)
Alex Buhler
(Canada)
Gerd Binnig
(Germany)
Heinrich Rohrer
(Switzerland)

4. IBM INDIA INTERESTING FACTS

5. FDI POLICIES IN INDIA
ACCORDING TO OECD, AN INVESTMENT OF 10% OR
ABOVE FROM OVERSEAS IS CONSIDERED AS FDI
REGULATED BY FOREIGN EXCHANGE MANAGEMENT
ACT(FEMA), 2000 GOVERNED BY RESERVE BANK OF INDIA
FDI POLICIES IN INDIA HAS BEEN CATEGORISED AS SECTOR
WISE (https://economictimes.indiatimes.com/small-biz/resources/startup-
handbook/foreign-investment-compliance-under-
rbi/fema/articleshow/59488429.cms)

6. FDI IN INDIA SINCE 2000
INDIA
RECEIVED
$64.7
BILLION IN
2018-19.

7. LAWS AND ACT APPLICABLE FOR IBM IN INDIA
If any company wants to do business in India; it will
have to compliance with following act and rules and
regulation made by the following act:-
 The Companies (Amendment) Act;2015
 The Contract Act;1872
 The Sale of Goods Act;1930
 The Payment of Wages Act;1948
 The Payment of Bonus Act;1972
 Information And Technology Act;2000
 The Competition Act;2002
 The Negotiable Instrument Act;1881
 The Consumer Protection Act;1996
 Etc.

8. THE COMPANIES (AMENDMENT) ACT;2015
 Section:3 – Incorporation of Company
 Section:4 – Memorandum of Association
 Section:2(5) – Article of Association
 Section:96 – Annual General Meeting (AGM)
 Section:100(2) – Extra General Meeting (EGM)
 Section:2(46) – Holding Company
 Section:2(87) – Subsidiary Company
 Section:230 – Merger
 Section:287 - Amalgamation

9. THE CONTRACT ACT;1872
 Section:2(a) – Proposal
 Section:2(b) – Promise
 Section:2(d) – Consideration
 Section:2(g) – Void Contract
 Section:2(h) – Contract
 Section:2(i) – Voidable Contract
 Section:11 – Capacity of Party to Consent
 Section:54 – Possibility of Performance

10. SALE OF GOODS ACT;1930
 Section:2(1) “buyer” means a person who buys or agrees to buy goods.
 Section:2(2) “delivery” means voluntary transfer of possession from one
person to another.
 Section:2(3) goods are said to be in a “deliverable state” when they are in such
state that the buyer would under the contract be bound to take delivery of them.

11. THE INFORMATION AND TECHNOLOGYACT;2000
APPLICABLE
TO ENTIRE
INDIA
 All electronic contracts made through secure electronic channels are
legally valid
 Legal recognition for digital signatures
 An appeal against the order of the Cyber Appellant Tribunal is
possible only in the High Court
 Give legal recognition to digital signatures for the authentication of
any information or matters requiring legal authentication

12. THE NEGOTIABLE
INSTRUMENT ACT:1872
COMPETITION
ACT;2002

13. THE CONSUMER PROTECTION ACT;1996

14. IBM Corporate Service Corps

15. BY,
PREM GAURAV
PRIYANSH TIWARI
ROHIT BURAD
SARVESH YADAV
SHIVANGI BHARDWAJ
SAPTARSHI SEN