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Practical, plain-language perspectives on Indian and cross-border commercial law — written for business owners, promoters and international clients.

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Praveen Siinghhal Edvisars.com

Licensing a Foreign Brand in India: Which Clauses Should Your Franchise Agreement Include?

Licensing a foreign brand in India requires more than permission to use its name. This guide explains the key franchise agreement clauses covering trademarks, territory, royalties, taxes, quality control, termination and dispute resolution.

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Praveen Siinghhal Edvisars.com

Can a Foreign Company Acquire an Indian Business? Key Legal Checks Before the Deal

Foreign companies can acquire Indian businesses, subject to FDI regulations, FEMA compliance, competition laws and applicable SEBI requirements. Understand the essential legal checks, approvals and due diligence before an acquisition.

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Praveen Siinghhal

Indian Subsidiary vs Branch Office vs Liaison Office: Which Structure Fits Your Business in India?

Planning to establish a business presence in India? Understand the key differences between an Indian subsidiary, branch office and liaison office, including RBI regulations, permitted activities, tax implications and liability exposure, to choose the right structure for your business.

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Praveen Siinghhal

Sub-Classification Within Scheduled Castes: What Davinder Singh Decided About Reservation and the Creamy Layer

The Supreme Court’s Davinder Singh judgment permits sub-classification within Scheduled Castes. Explore its constitutional limits and what the separate opinions say about the SC/ST creamy layer.

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Praveen Siinghhal

Private Property and Article 39(b): What the Supreme Court’s Nine-Judge Ruling Means for State Acquisition

Can the government acquire private property in India? Explore the Supreme Court's landmark ruling in Property Owners Association v. State of Maharashtra, explaining Article 39(b), constitutional property rights under Article 300A, and the legal safeguards governing State acquisition of private property.

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Praveen Siinghhal

Can Courts Modify Arbitral Awards? What Gayatri Balasamy Changed—and What It Did Not

Can Indian courts modify an arbitral award under Section 34? Explore the Supreme Court's landmark Gayatri Balasamy judgment and the 2026 Saisudhir Energy ruling, explaining when courts can correct, modify or partially set aside arbitral awards without reopening the merits.

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Praveen Siinghhal

Can Doing Business in India Create a Tax Presence Without an Indian Office?

Can a foreign company face Indian tax liability without having a physical office? Explore how Permanent Establishment (PE), business connection, Significant Economic Presence (SEP), and tax treaties affect foreign businesses operating in India under the 2026 tax framework.

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Praveen Siinghhal

Outsourcing Software Development to India: Who Owns the Code, IP and AI-Assisted Work?

Outsourcing software development to India does not automatically transfer intellectual property rights to the client. Understand source code ownership, copyright assignment, developer agreements, open-source licensing and legal risks associated with AI-assisted software development.

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Praveen Siinghhal

India FDI Rules 2026: Ownership & Government Approval

India's 2026 FDI reforms introduce important changes to beneficial ownership, government approval and foreign investment reporting. Learn how the 10% non-controlling ownership relaxation, land-border restrictions and FEMA requirements affect foreign investors and Indian businesses.

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praveen siinghhal

Can a Foreign Company Hire in India Without Setting Up a Subsidiary?

Foreign companies can hire employees in India without establishing a subsidiary, but must consider employment laws, payroll, taxes and permanent establishment risks. Explore EOR services, direct employment, independent contractors and Indian subsidiary options.

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praveen siinghhal

India’s DPDP Rules: What Should Foreign Companies Prepare for Before Full Implementation?

India's DPDP Act applies to foreign businesses offering goods or services to individuals in India. Explore the 2025 Rules, compliance requirements, data protection obligations, and key deadlines for 2027.

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praveen siinghhal

How Should You Vet an Indian Counterparty Before Signing a Commercial Agreement?

Before signing a commercial contract in India, verifying your counterparty is essential. Explore 10 practical due diligence checks covering legal identity, financial stability, GST registration, litigation, insolvency and contractual risks.

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praveen siinghhal

What Should a Distribution Agreement for the Indian Market Include?

Drafting a distribution agreement in India? Learn how to handle exclusivity, resale pricing, targets, termination and non-competes under Indian law.

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praveen siinghhal

Governing Law and Jurisdiction Clauses: What Do Foreign Companies Get Wrong in Indian Contracts?

A foreign company can usually choose the governing law and forum for an India contract, but that choice doesn't remove mandatory Indian law or solve enforcement in India.

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Praveen Siinghhal

Can a Foreign National Be the Sole Director of an Indian Company?

A foreign national can become a director of an Indian company, but acting as its sole director depends on the company structure. Explore minimum director requirements, residency rules and the limited One Person Company exception.

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Praveen Siinghhal

How Do You Appoint an Authorised Representative for Your Indian Entity?

Learn how Indian businesses can appoint an authorised representative, choose between a Board resolution, authority letter or Power of Attorney, and avoid common legal and compliance mistakes.

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Praveen Siinghhal

What Annual ROC and FEMA Compliances Must a Foreign-Owned Company Complete in India?

A practical ROC and FEMA compliance checklist for foreign-owned Indian companies covering annual filings, RBI reporting, FLA, AOC-4, MGT-7, FC-GPR, FC-TRS and key compliance deadlines.

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Praveen Siinghhal

What Corporate Governance Rules Apply to a Foreign Subsidiary in India?

A practical guide to governance, FEMA, FDI, board requirements, related-party transactions, beneficial ownership and annual compliance for foreign-owned Indian subsidiaries.

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Praveen Siinghhal

Does a Foreign-Owned Company in India Need a Resident Director?

Foreign investors setting up an Indian subsidiary must have at least one director who stays in India for 182 days in a financial year. This guide explains Section 149(3), how it differs for branch offices, the appointment process, penalties and a compliance checklist.

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Praveen Siinghhal

What RBI Compliance Calendar Should Every Foreign-Owned Company in India Follow ?

A practical RBI/FEMA compliance calendar for foreign-owned companies in India covering FLA, FC-GPR, FC-TRS, Form DI, ECB-2, APR and key filing deadlines.

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Can a Foreign Company Open a Bank Account in India Before Incorporation?

Can an Indian subsidiary open a bank account before incorporation? Learn the rules for foreign parents, SNRR accounts, FEMA compliance, share capital and pre-incorporation expenses.

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Praveen Siinghhal

How Can Foreign Investors Repatriate Profits From India in 2026?

A practical 2026 guide for foreign investors on repatriating profits from India through dividends, branch profits and other permitted routes while complying with FEMA, tax, DTAA and banking requirements.

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Praveen Siinghhal

What Is FC-GPR Filing and Why Does It Matter for Foreign Investors in India?

FC-GPR is an important FEMA filing for Indian companies issuing equity instruments to foreign investors. This guide explains when it is required, applicable deadlines, necessary documents, late-filing consequences and the difference between FC-GPR, FC-TRS and the FLA return.

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Praveen Siinghhal

FDI in India 2026: Which Sectors Allow 100% Foreign Investment Under the Automatic Route?

See which sectors allow 100% FDI under the automatic route in India in 2026, key exceptions, sector caps, approvals and compliance requirements.

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Praveen Siinghhal

GST and Tax Registration for a Newly Incorporated Foreign Subsidiary in India: What Steps Come Next?

A newly incorporated foreign-owned subsidiary in India normally already receives its PAN and TAN through the MCA incorporation process. GST registration is separate: it may have been requested through AGILE-PRO-S during incorporation, or it must be obtained later if the company crosses the applicable turnover threshold, falls within a compulsory-registration category, or chooses voluntary registration.

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Praveen Siinghhal

Wholly Owned Subsidiary vs Joint Venture in India: Which Structure Fits Your Business?

A wholly owned subsidiary usually fits a foreign company that wants maximum control over its Indian operations and operates in a sector where 100% foreign ownership is permitted. A joint venture may fit better where an Indian partner contributes distribution, licences, manufacturing capability, relationships, capital or expertise—or where the applicable foreign-investment cap prevents 100% foreign ownership.

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Praveen Siinghhal

What Is the Fastest Legal Route for a Foreign Company to Start Operations in India?

Discover the fastest legal routes for a foreign company to start operations in India, including subsidiary incorporation, branch offices, liaison offices, and other entry options.

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Praveen Siinghhal

Company Registration in India for Foreign Founders: A Step-by-Step Guide

Setting up a company in India as a foreign founder involves choosing the right structure (Private Limited Company is most common), meeting FDI regulations, and completing MCA registration — from DSC and DIN to incorporation and compliance. This guide walks through each step to help you launch smoothly and legally.

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Praveen Siinghhal

Subsidiary, Branch Office or Liaison Office: Which India Entry Structure Should a Foreign Company Choose?

Compare an Indian subsidiary, branch office and liaison office to understand which structure best suits a foreign company entering India, including FDI rules, RBI requirements, liability, tax and permitted activities.

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Praveen SiinghhalIndemnity

Indemnity Clauses in Business Contracts: What Are You Actually Agreeing To?

An indemnity clause is a promise to bear specified losses or liabilities if a defined event occurs. In practical terms, when your business gives an indemnity, it may be agreeing to pay another party’s damages, legal costs, settlements and other covered losses—sometimes even before that party has actually paid the underlying claim. Under Indian law, the consequences depend heavily on the exact wording. An indemnity that looks like boilerplate can create liability far greater than the value of the contract itself.

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Featured Guides

In-depth guides

5 Clauses Every Commercial Contract in India Must Have Before You SignContracts

5 Clauses Every Commercial Contract in India Must Have Before You Sign

Indemnity, liability, jurisdiction, termination and dispute resolution — the clauses that decide whether a contract protects you or fails you.

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Entering the Indian Market: A Legal Checklist for Foreign CompaniesCross-Border

Entering the Indian Market: A Legal Checklist for Foreign Companies

Entity structure, foreign-investment compliance, contract enforceability and dispute strategy — the groundwork to settle before doing business in India.

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Arbitration vs Litigation in India: Choosing the Right Forum for Your DisputeDispute Resolution

Arbitration vs Litigation in India: Choosing the Right Forum for Your Dispute

Cost, speed, confidentiality and enforceability differ sharply. A practical framework for deciding how to resolve a commercial dispute.

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How to Recover a Stuck Business Payment Without Immediately Filing SuitRecovery

How to Recover a Stuck Business Payment Without Immediately Filing Suit

A staged legal approach — from a well-drafted notice to negotiation to filing — that often recovers money faster and at far lower cost.

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The Annual Legal Health Check Every Growing Indian Business NeedsCompliance

The Annual Legal Health Check Every Growing Indian Business Needs

A structured yearly review of your contracts, corporate records and compliance can prevent the disputes that quietly accumulate as you scale.

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Protecting Your Brand in India: When and How to Register a TrademarkIntellectual Property

Protecting Your Brand in India: When and How to Register a Trademark

Why early filing matters, which classes you need, and how ongoing monitoring keeps your brand protected long after registration.

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E Edvisars AssistantSenior Counsel Assistant · General info only

Automated assistant · shares general information, not legal advice.