Legal Framework and Issues Impacting the Business Environment Faced by Foreign Companies Investing in India

Legal Framework and Issues Impacting the Business Environment Faced by Foreign Companies Investing in India

Author: Luciano Pettoello-Mantovani

Publisher:

Published: 2019-06-25

Total Pages: 0

ISBN-13: 9781536150919

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This book deals with the complex and often challenging process for international companies in expanding their business through investing in the Indian emerging market. The process of globalization has allowed for the progressive fading of economic, commercial, and technological boundaries. This has resulted in Multinational firms or enterprises becoming increasingly referred to as key players in the world market over the course of the past fifty years. Inward Foreign Direct Investment flows have increased significantly, not only worldwide, but specifically towards newly-industrialized countries such as India. They are focused on trying to attract foreign investments, due to the lack of domestic savings, and thus as a stable means of foreign capital inflow. In addition to this, there are multiple, other positive effects on macroeconomic variables, such as productivity, production capacity, level of employment, factor prices, technological know-how, and overall economic growth. Corporations and firms, on the other hand, internationalize towards developing countries in an effort to seek and reap the multiple benefits found in these destination countries. Such benefits include reduced production costs, given by lower relative wages and country endowment of resources, as well as market expansion possibilities. The scope of their needs is determined by the type of strategy adopted, which can distinguish between market seeking, resource seeking, efficiency seeking and strategic investments. The Indian market offers relatively low-cost labor, an enormous pool of possible consumers and many other benefits. When time is taken to fully understand the characteristics of the country and its business culture one can extract the huge rewards. If on the other hand, investors make quick decisions and do not fully review all aspects which might create a risk, the investment may result in serious and substantial failures with large losses of capital. As in many developing countries, Indian laws and regulations are constantly evolving. These laws reflect the political compromise needed to balance the complex and conflicting demands of multiple constituencies. The result of this compromise is a high turnover of laws and regulations which, among other things, are passed through a trial and error basis. This entails that ineffective and inefficient laws may be passed and then substituted once they are tested as not working, having unintended consequences and being impracticable. The constant change and poor formulation leave, at times, room for interpretation especially by lower levels of government officials leading in turn to the possibility of corruptions.This, together with the inefficient judiciary, due not to its quality, but to the extensive time in court cases as well as non-streamlined and improperly implemented process and regulations, leads the investor to a perceive low protection and high risk throughout many phases of the investment. The book offers a useful overview for foreign enterprises on the complex, sometimes intricate process of investing in India, assisting them in gathering great opportunities through overtaking challenges.


Challenging The Rules(s) of Law

Challenging The Rules(s) of Law

Author: Kalpana Kannabiran

Publisher: SAGE Publications Inc

Published: 2008-11-11

Total Pages: 516

ISBN-13: 0761936653

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This collection of essays re-examines the field of criminology through an interdisciplinary lens, challenging in the process unproblematic assumptions of the rule of law and opening out avenues for a renewed and radical restatement of the contexts of criminal law in India. This collection is a significant step towards mapping the ways in which interdisciplinary research and human rights activism might inform legal praxis more effectively and holistically. The contributors are a diverse group – widely respected activists, bureaucrats, scholars, and professionals – who share concerns on criminal justice systems and the need to entrench human rights in the Indian polity.


The Legal Challenges of Social Media

The Legal Challenges of Social Media

Author: David Mangan

Publisher: Edward Elgar Publishing

Published: 2017-06-30

Total Pages: 341

ISBN-13: 1785364510

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Social media enables instant access to individual self-expression and the sharing of information. Social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from public and private law perspectives and outlines how the law, in various legal sub-disciplines and with varying success, has endeavoured to adapt existing tools to social media.


Child Rights in India

Child Rights in India

Author: Geeta Chopra

Publisher: Springer

Published: 2015-08-27

Total Pages: 258

ISBN-13: 8132224469

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The book is a comprehensive compendium on child rights in India from a child development perspective. It discusses the challenges that Indian children face for survival, development and education, especially if they are marginalized through disability, lack of care, and poverty. The major issues expounded by the author in relation to rights are infant and child survival, early child development, street and working children, children in conflict with law, children with disabilities, child trafficking and child sexual abuse. The author goes further to delve into the causes, among which are high population, poverty, migration, illiteracy, poor legislation and deep-rooted social norms and behaviour. The book presents the existing policy and legal framework in India for each of these issues. The broad purpose of the book is to comprehensively discuss the roadblocks that the marginalized child in India faces, to understand the causes of these roadblocks and to evaluate government and civil society action for children in India.


Broken People

Broken People

Author: Smita Narula

Publisher: Human Rights Watch

Published: 1999

Total Pages: 340

ISBN-13: 9781564322289

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Women and the Law.


The Seven Lamps of Advocacy

The Seven Lamps of Advocacy

Author: Edward Abbott Parry

Publisher: BoD – Books on Demand

Published: 2023-10-12

Total Pages: 78

ISBN-13: 3387099509

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Reproduction of the original. The publishing house Megali specialises in reproducing historical works in large print to make reading easier for people with impaired vision.


Independent Director - Legal Perspective in Public Listed Companies in India

Independent Director - Legal Perspective in Public Listed Companies in India

Author: DR. M. K. RAVI

Publisher: DR. M. K. RAVI

Published:

Total Pages: 500

ISBN-13:

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NOTE ABOUT BOOK I am thrilled to present to you my latest publication, “Independent Directors - Legal Perspective in Public Listed Companies in India." This book is a comprehensive guide that aims to demystify the role of independent directors within the Indian corporate governance framework and provide valuable insights into the legal aspects they need to navigate. In today's dynamic business environment, independent directors play a crucial role in promoting transparency, accountability, and good governance practices. This book sheds light on the legal framework governing independent directors in India, equipping them with the knowledge and understanding necessary to fulfill their responsibilities effectively. Here's what you can expect from this book: 1. Understanding the Role: I started by exploring the significance of independent directors and their distinct role in corporate governance. I delve into their fiduciary duties, responsibilities, and the expectations placed upon them by regulators, shareholders, and other stakeholders. 2. Legal Framework: I have provided a comprehensive overview of the legal framework that governs independent directors in India. I have explained the relevant provisions of the Companies Act, SEBI regulations, and other applicable laws, ensuring clarity and understanding. 3. Appointment and Qualification: This section covers the process of appointing independent directors, the eligibility criteria, and the procedures to be followed. I have discussed the importance of independence, integrity, and expertise in ensuring the effectiveness of independent directors. 4. Rights and Liabilities: I have examined the rights and protections available to independent directors, as well as the potential liabilities they may face. I also highlight the importance of due diligence, ethical conduct, and disclosure obligations to mitigate legal risks. 5. Board Dynamics and Decision-Making: Here, I delve into the dynamics of the boardroom, emphasizing the role of independent directors in board discussions, decision-making, and conflict resolution. I provide practical insights on how independent directors can effectively contribute to board processes. 6. Corporate Compliance and Ethics: This section focuses on the compliance responsibilities of independent directors, including their role in overseeing corporate ethics, internal controls, and risk management. I have outlined best practices and provide guidance on ensuring compliance with legal and regulatory requirements. 7. Role in Auditing and Financial Reporting: I have explored the crucial role independent directors’ play in auditing, financial reporting, and ensuring accurate and transparent financial statements. I have discussed their responsibilities in relation to internal and external audits, financial disclosures, and the prevention of fraudulent practices. 8. Corporate Social Responsibility (CSR): Lastly, I have addressed the growing importance of CSR and the role of independent directors in driving CSR initiatives within public listed companies. I have discussed the legal obligations, reporting requirements, and the positive impact independent directors can have on sustainable and responsible business practices. Throughout the book, I have presented real-life case studies, practical examples, and expert insights to enhance your understanding of the legal perspective of independent directors in Indian public listed companies. My aim is to empower independent directors with the knowledge and tools they need to navigate the legal landscape effectively, contribute to good governance, and uphold the interests of stakeholders. I hope that this book will serves as a valuable resource for independent directors, aspiring directors, corporate professionals, and anyone interested in corporate governance practices in India.


The outsourcing of legal services

The outsourcing of legal services

Author: Singh Dharamveer

Publisher: Éditions Larcier

Published: 2015-10-27

Total Pages: 241

ISBN-13: 2879748488

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Economic globalization is transforming practically every service sector. The legal industry that has long remained insulated too has not remained untouched by the effects of globalization. The outsourcing of legal services in the past one decade has transformed the legal landscape. Legal outsourcing to India is becoming increasingly popular among U.S. and European law firms and corporations. This book broadly seeks to discuss three main topics surrounding legal process outsourcing (LPO): its emerging trends, the legal challenges it raises and the hitherto unrecognized potential it holds. Firstly, this book clarifies concepts of LPO and its operating models practiced by U.S. and U.K. law firms and corporations. Secondly, the outsourcing of legal services creates significant challenges for ethics rules including conflict of interests, attorney-client privilege, supervision and fee sharing. Thirdly, this research explores the hidden potential of LPO to improve access to justice. This book develops an altogether new proposal where Indian LPO professionals could help alleviate the access to justice problem among indigent and low-income populations of the United States.