Legal Insights
Expert insights, legal updates, and professional guidance
FEMA Compliance Checklist for Foreign-Owned Companies in India
Foreign-owned companies in India must ensure strict adherence to the Foreign Exchange Management Act (FEMA). Key requirements include allotting shares within 60 days of receiving funds, filing Form FC-GPR within 30 days of allotment, filing annual FLA returns by July 15, and adhering to sectoral FDI caps
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Company Incorporation in India for Foreigners
Foreigners can incorporate a company in India, typically as a Private Limited Company (WOS or joint venture), by obtaining a DSC, DIN, and filing the SPICe+ form with the Ministry of Corporate Affairs (MCA). A minimum of two directors is required, with at least one director being an Indian resident
Read MoreSubsidiary vs Liaison Office vs Branch Office in India: Which Structure is Right for Foreign Companies?
Subsidiary is a separate Indian legal entity offering full operational freedom and lower tax rates, making it the preferred choice for long-term growth. A Branch Office serves as a commercial extension of the foreign parent for specific activities, while a Liaison Office is strictly a non-commercial communication bridge.
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Trademark Registration in India for Foreign Companies
Foreign companies can register trademarks in India through the Madrid Protocol or direct filing, without needing a physical office or local subsidiary. The process requires appointing an Indian agent, filing a Power of Attorney (Form TM-48), and submitting documents like incorporation certificates.
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FDI in India: Complete Guide for Foreign Companies (2026)
India attracted over $70+ billion in FDI annually, with 100% FDI permitted in most sectors under the automatic route and limits ranging from 26% to 74% in regulated industries. This 2026 guide breaks down sector-wise caps, approval thresholds, tax rates (~22% corporate tax), compliance timelines, and key regulatory bodies.
Read MoreRevised Definition of Small Company
As of December 1, 2025, the Ministry of Corporate Affairs (MCA) has expanded the definition of a “small company” in India, requiring a paid-up share capital of not more than ₹10 crore (previously ₹4 crore) and a turnover of not more than ₹100 crore (previously ₹40 crore).
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Fast Track Merger Framework
The Fast Track Merger (FTM) framework under Section 233 of the Companies Act, 2013 provides a simplified, time-bound, and cost-effective process for corporate restructuring by bypassing the National Company Law Tribunal (NCLT) approval.
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One Time Compliance Relief
The Ministry of Corporate Affairs (MCA) has introduced the Companies Compliance Facilitation Scheme, 2026 (CCFS-2026), a one-time relief measure running from April 15, 2026, to July 15, 2026. It allows defaulting companies to file overdue ROC forms.
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MCA Delegation
The Ministry of Corporate Affairs (MCA) has delegated various powers under the Companies Act, 2013, and the LLP Act, 2008, to Regional Directors (RDs) and Registrars of Companies (RoCs) to decentralize administration.
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Director KYC Compliance
Director KYC (DIR-3 KYC) in India is transitioning from an annual requirement to a three-year cycle effective March 31, 2026, simplifying compliance for DIN holders. Directors must verify, and if necessary update.
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