Setting up a business inevitably requires dealing with several complex laws and regulations. However in the case of crossborder investments the rules and regulations often tend to get even more complex. The Indian regulatory environment can be especially taxing regardless of the size of the company.
Unearthing the complicated code in an attempt to stay compliant can prove to be a stumbling block for most startup firms. Often companies looking at dealing with individual consultants themselves are at a loss, having to deal with a host of experts that need time and coordination.
SKP’s team- of highly experienced and competent consultants- helps foreign investors setting up in India achieve compliance at various steps of the setup process. From Foreign Direct Investment or FDI approval, to approval for Export Oriented Units (EOUs) or Special Economic Zones (SEZs), Customs Laws and Foreign Exchange Management Act (FEMA) Regulations, as well as local labour laws and corporate laws. Our expert team is not only conversant with the regulatory jargon but by making it our business to keep abreast with the ever changing legal procedures and government requirements, we make sure that client firms stay compliant. Thus helping foreign investors avoid the unfortunate circumstance of finding themselves caught in the web of compliance litigation.
- Foreign Direct Investment :
The Indian government over the years has tried to attract Foreign Direct Investment or FDI to India by simplifying the rules and regulations that guide the process of setting up in the country.
However even as Investment-friendly policies continue to surface, certain ambiguities continue to prevail. Only an experienced FDI Consultant, equipped with the latest information on amendments made and bills passed, is likely to able to provide the necessary advice and assistance that a foreign investor looking at setting up in India is likely to require.
SKP’s business set up team is well versed with various aspects of the FDI procedure. Our FDI consultants are competent enough to advise as well as experienced enough to follow the correct procedure in applying for the various approvals and registrations, essential under the Foreign Direct Investment, avoiding expensive delays caused due to procedural discrepancies.
- Foreign Exchange Management :
With the opening up of the Indian economy the Government of India issued the Foreign Exchange Management Act or FEMA as it is popularly know. The primary aim of the Act was to facilitate international trade and payments, as well as promote the orderly development and maintenance of foreign exchange market in India in the light of its new pro-liberalisation policies.
There is no doubt that FEMA was meant to simplify the process of investing in India, still violation of the norms laid out by the Act could lead to a civil offence.
SKP’s FEMA Consultants are well versed with the FEMA as well as Overseas Direct Investment & External Commercial Borrowing related matters, Non-resident Indian (NRI) & Person of Indian Origin (PIO) related matters. Besides being able to advise on the type of business entity best suited for a particular client, our consultants are familiar with acquiring Reserve Bank of India (RBI) approval as well as various other types of government approvals that go hand in hand with the business setup process.
- Labour laws :
Setting up a successful business in India, like any business venture would require the assistance and support of a dedicated team of employees. While the importance of corporate governance in relation to improving employee satisfaction and reducing employee turnover is increasingly gaining ground, there is an entire set of laws and regulations that protect employee welfare- regular emoluments, benefits such as provident fund, public profident fund (PPF), gratuity, paid leave, etc.
While the need of a dedicated Human Resourses team to oversee employee related matters would be determined by the strength of the staff retained, an understanding of the labour laws in India, and the various provisions made to safeguard employee interests is a must.
- Corporate and Local laws:
Besides acquiring government approval for setting up in India, international investors need to familiarise with the country’s corporate laws and local laws.
SKP’s legal and tax consultants are equipped with essential knowledge ensuring that client companies stay on the right side of the law.
In keeping with its mission statement “not just advice but complete solutions” we provide complete assistance- right from registration with RoC (Registrar of Companies), advice on tax planning and compliance with international and domestic tax laws, advice on benefitting from various tax treaties, double taxation avoidance agreements (DTAAs), tax holidays, and making the most of incentives and exemptions. Besides being able to assist with expatriate tax planning, withholding tax and transfer pricing issues, our consultants also assist with advice on indirect taxes such as customs duties, excise duties, value added tax (VAT) and service tax, professional tax, shops and establishment act, industrial dispute regulator act, etc.
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