Doing Business Outside India

Due to Globalization, every business house is expanding its presence across the world by optimizing its capital, manpower, technology and information. ARA provide a “TOTAL SOLUTIONS” under one roof to its global clients to avoid unwarranted hassles, inconvenience, wastage of time, from running from one person to another and so on

» What is direct investment outside India?

» Does the definition as given in Q.1. mean that one cannot acquire an existing company either partially or wholly?

» Who is eligible to make overseas direct investment?

» Can overseas direct investment be made in any activity?

» What are the prohibited activities for overseas direct investment?

» What exactly is covered under the term real estate business?

» What are the schemes under which an eligible entity can set up a JV or WOS abroad?

» What is the Automatic Route?

» What are the criteria for direct investment to be made under the Automatic Route?

» What is ‘financial commitment’?

» What is the limit for direct investment in Nepal or Bhutan under the Automatic Route?

» Can direct investment up to the net worth be made on an annual basis?

» What is the procedure to be followed by an eligible entity to make direct investment in a JV/WOS under the Automatic Route?

» What about if one Indian promoter has more than one JV in either the same country or in different countries?

» Whether any prior registration with the Reserve Bank is necessary for direct investments under the Automatic Route?

» Is there any prohibition for direct investment under the Automatic Route?

» What is the Normal route? What is the procedure to be followed for investment proposed to be made under Normal Route?

» What are the parameters for considering proposals under the normal route?

» What are the permissible sources for funding overseas direct investment?

» What are the schemes for overseas direct investment by partnership firms?

» Are there any restrictions for setting up of a second generation company? Can such step down subsidiaries be set up under the Automatic Route?

» Can an Indian Party have a JV/WOS through a Special Purpose Vehicle (SPV) under the Automatic Route?

» Can an Indian Party directly fund such step-subsidiaries?

» What are the obligations of the Indian party, which has made direct investment outside India?

» Is prior permission of the Reserve Bank required for disinvestment of existing holding in a JV/WOS?

» What is the procedure to be followed for such disinvestment and what are the documents to be submitted for disinvestment of existing holding in a JV/WOS?

Services

• Advice on Ownership Structure

• Advice on type of Legal Entity & Entry Vehicle Structure

• Advice on exist strategy

• Advice on selection of branch or subsidiary or joint venture

• Incorporation of company

• Business Registrations

• Advice on selection of Tax efficient holding company locations

• International Tax structuring

• Indian efficient tax strategy and planning

• Transfer pricing

• Exchange Control Law

• Repatriation of profits

• Advice on issues relating to Double Taxation Treaties

• Advice on Employment legislation, Insurance scheme and social security

• Legal services relating to drafting of business agreements

• Obtaining approvals/permissions/sanctions /registrations from Regulatory Authorities including

Foreign Investment Promotion Board

• Assistance in identifying land, building, infrastructure, and other logistics

• Assistance & Coordination with consultants in Host Country

• Seeking various approvals, registrations & exemptions from local regulatory authorities

• Optimizing Tax Credits in respect of taxes paid in the Host country

• International Tax structuring

• Compliances & Planning under the various Corporate Laws

• Integration of compliances under laws of host country with the laws of local country.