Business & Commercial Laws in India

Law Library

Key ideas pertain to doing Business in India 

Foreign investment policy

Regulatory Environment

Business Presence in India – Form of Entities

International arrangements

Tax Environment

Recent tax and regulatory  directions

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 Basic Statutory Compliance 

The Commercial Court act 2015     [PDF] 

Arbitration and Conciliation Act, 1996   

The Insolvency &  bankruptcy Code, 2016    [PDF]

Benami Transactions (Prohibition) Act, 1988

Co-operative Societies Act, 1912

Consumer Protection Act, 1986

Factoring Regulation Act, 2011

General Clauses Act, 1897

Indian Contract Act, 1872

Indian Partnership Act, 1932

Indian Stamp Act, 1899

Indian Trusts Act, 1882

Information Technology Act, 2000

Legal Metrology Act, 2009

Limitation Act, 1963 

Limited Liability Partnership Act, 2008

Micro, Small and Medium Enterprises Development Act, 2006

Multi-State Co-operative Societies Act, 2002

Negotiable Instruments Act, 1881

Prevention of Money Laundering Act, 2012

Registration Act, 1908

Real Estate (Regulation and Development) Act, 2016    [PDF]

Right to Information Act, 2005

Sale of Goods Act, 1930

Societies Registration Act,

Specific Relief Act, 1963

Transfer of Property Act, 1882

Intellectual Property Laws

Information Technology Law

Environmental Laws

Labour Laws

Sector Specific Laws : Manufacturing   –    Trading   –    Service

Segment Wise Laws :- Banking & NBFC-Financial services-Capital Market-Drug Pharma & Health Care-Capital Goods – Agro Products-Infrastructure Power & Tele Communication etc etc

State Wise Laws:Labour Welfare Act – Shops and Commercial Establishment Act-Festival Holiday Act

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Regulation Mechanism

Reserve Bank of India Act, 1934

Foreign Trade (Development and Regulation) Act, 1992

Foreign Exchange Management Act

Companies Act 2013          [PDF]

Major steps of Formation of a Company

  • Visitation to regional Registrar of Companies
  • Acquiring Digital Signature Certificate(DSC)
  • Acquiring Director Identification Number(DIN)
  • Filing an eForm or New user registration
  • Incorporate the company

Structuring a Company ⇓

  1. Listed Public Companies
  2. Unlisted Public Companies
  3. Private Limited Companies
  4. Public Sector Undertakings

Competition Act, 2002

Stock Exchange Board of India (‘SEBI’)

  • SEBI Act, 1992

Industrial Disputes Act, 1947

Factories Act, 1948

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Tax Regime

 Income Tax Act, 1961

Goods and Services Tax 

Special Economic Zone Act, 2005

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Mergers and Acquisitions – Overview

ACCOUNTING
► Financial statement impact analysis due to the transactions

INDUSTRY- SPECIFIC LAWS
► Highlighting transaction specific implications

CORPORATE LAWS
► Impact of Corporate laws
► SEBI / capital market perspective
► Competition law

STAMP DUTY
► Cost on transfer of property
► Transaction structuring to minimize impact

TAX
► Analyse tax issues surrounding transactions
► Structuring to minimise tax costs

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Extended All Compliance for a business entities in india

  •   Company Law
    • Economic and Commercial Law
    • Tax Laws
    • Capital Markets and Securities Laws
    • Industrial, Labour and General Laws
    • Secretarial Audit, Compliance Management and Due Diligence
    • Corporate Restructuring, Valuation and Insolvency
    • Banking Law and Practice
    • Capital, Commodity and Money Market
    • Insurance Law and Practice
    • Intellectual Property Rights – Law
    • International Business-Laws

Alternative Classification

Corporate Laws -Economic Laws-Taxation Laws-Commercial Law-International Trade-Law-Capital Market Law-Labour Law-Banking Law-Insurance Law-Securities Law

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 Corporate compliance : Case study Cement industry

 Company Profile: Public Limited Company
• Listed Company – BSE, NSE
• Manufacturing & Trading
• Exporting Company
• 10,000 No. of Employees (Approx.)
• Units Located at Bhubaneswar, Rajnagpu

Corporate Information – Public Company, Listed at BSE, NSE
•Companies Act, 2013
•Income Tax Act, 1961
•SEBI (Insider Trading) Regulations, 2009
•SEBI (Substantial Acquisition of Shares & Takeovers) Regulations, 2011
•Listing Agreement

Sector Identification : Manufacturing and Trading
•National Environment Policy
•Environment (Prevention of pollution control) Act, 1986
•Central Excise Act, 1944 – New GST Laws

Type of Industry – Cement
•Cement (Quality Control) Order, 2003
•Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
•Mines and Minerals (Development and Regulation) Act, 1957
•Mineral Conservation and Development Rules, 1988
•Metalliferous Mine Regulations, 2012.
•Explosives Act, 2008

Identification of applied Labour Laws:-

•Employees’ Provident Funds & Miscellaneous Provisions Act, 1952
•Factories Act, 1948
•Payment of Gratuity Act, 1972
•Industrial Dispute Act, 1947
•Employees State Insurance Act, 1948
•Payment of Wages Act, 1936
•Minimum Wages Act, 1948 & Minimum Wages (Central) Rules, 1950

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Corporate Restructuring 

(a) Mergers; Amalgamations, Takeovers /Acquisitions, Joint Ventures, LLPs, Corporate restructure, Demerger, Reorganization through compromise or an arrangement
(b) Reconstruction Vs. Amalgamation
(c) Sale of undertaking of the Company
(d) Acquiring Shares in another company
(e) Compulsory Amalgamation in public interest

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