
With the increasing globalization and growing Indian economy, Indian business houses are going across borders to set up their business directly or to acquire already established businesses. Cross border business set-up is an important step and entering into a new business territory requires an understanding of its regulatory framework and cultural environment. We have a strong associate network in different countries that enable us to provide the necessary legal services and legal advisory and also provide execution support for cross border business set up to ensure that our client’s entry is smooth and hassle-free. The booming Indian economy has helped India in gaining global importance as a major market hub for foreign direct investments and has a lot to offer for foreign investors, portfolio managers, etc. Our law firm, which specializes in setting up a business in India / providing India entry services to Foreign Investors and regularly advises foreign investors on Foreign Direct Investment structuring and compliance.
We have designed the bouquet of legal services which will help the investor to cover the complete path of setting up a business in India and frame / implement entry strategies for foreign investors in a smooth manner. Advice on venture and private equity investments is one of the core practice areas of the firm. We regularly assist several VC funds and private equity funds and companies raising capital, high net worth Individuals for seed, early stage, angel, series A and subsequent rounds of investments into companies in various industry verticals including technology, education, healthcare, information technology, entertainment, e-commerce, among others in India and abroad.
The firm specializes in the entire process of an investment transaction starting from term sheet drafting, negotiations; due diligence; regulatory compliances based on due diligence including RoC, RBI, DIPP and FIPB approvals; applications to be made for approvals; drafting and negotiating transaction documents including share subscription and shareholders’ agreements; closing and post-closing compliances including filings with the RoC and RBI.
We help foreign Investors/ international companies realize their business objectives in India by sharing our knowledge of Indian business practices and rules.
Our range of legal services
Pre-Entry services:
- Advising on business structure keeping in view tax planning / Foreign Direct Investment Regulations.
- Advising on Indian Regulatory Environment including pre-set up approvals.
Implementation services:
- Assisting information of a business entity.
- Obtaining regulatory licenses and approval.
- Assisting the company on other matters until it goes live.
Post entry services:
- Ongoing regulatory and statutory compliance support.
- Administrative, legal, and accounting support.
Pre JV services:
- Drafting of JV Agreement.
- Advising on business structure keeping in view tax planning / Foreign Direct Investment Regulations.
- Advising on Indian Regulatory Environment including pre-set up approvals.
Implementation services:
- Assisting information of the JV Company.
- Obtaining regulatory licenses and approval.
- Assisting the JV Company on other matters till it goes live.
Post JV services:
- Constant and ongoing regulatory and statutory compliance support.
- Administrative, Legal, and accounting support.
FEMA Advisory:
With an increase in cross-border transactions, both inbound & outbound, there is a heightened need to understand & ensure compliance with complex, evolving legislation covered under the Foreign Exchange Management Act (FEMA) 1999. We do a systematic analysis of all Forex Transactions of the client and examine the compliance of the Foreign Exchange Management Act and provide Forex transaction advisory / FEMA Advisory.
This will enable the company to know if any violations under FEMA are committed. Our law firm’s philosophy is not to just conduct a check-up and highlight the irregularities but to regularize the mistakes and draw a proper checklist for all future transactions. Samisti Legal has provided this service to several companies with true value addition.
Foreign Exchange laws / Foreign Exchange Management Act are /is one of the most stringent laws of the country and are /is subject to changes at a rapid pace. As an organization, it is necessary to make sure that all your transactions related to foreign exchanges are in compliance with the law and if not, necessary precautionary measures shall be undertaken to rectify the same.
Why are we considered as One Stop Solution?
We work closely with several companies and promoters including several start-ups in relation to their investment needs and business legal requirements arising from the investment transactions including structuring advice on the entity for optimal tax benefits, prevalent foreign exchange regulations, among others. We also deeply analyze all transactions, inbound & outbound, undertaken during the period under scrutiny from the point of compliance with foreign exchange laws and provide required FEMA Advisory including remedial measures, in case of any deficiency.