FDI and company structuring
Founders, CFOs, and foreign investors who need the structure before an incorporation or a filing.
Advisory covers the structure of a new business, inbound investment, a joint venture or shareholders’ agreement, and the statutory laws that actually apply to that company. Internal-audit check-lists for CEO / CFO certification sit here.
The work is the design of the entity and the documents around it: who holds what, how control is exercised, and which Indian statutes apply once the company exists. Technology-transfer and collaboration agreements that sit beside a JV are part of the same practice.
Review of an existing company’s status — capital, directors, filings, and the gaps against the Act — is advisory when the question is what ought to change before the next MCA filing or board cycle.
The MCA filing that creates the company is Business Set-up. Exchange-control reporting after inbound capital is FEMA and RBI. Write to a partner with the facts of the proposed structure.
- Setting up of new business
- FDI related guidance
- Structuring of Company set-up
- Re-structuring of Business
- Joint Venture structuring
- Shareholders Agreement, Technology Transfer
- Advising on Applicable Statutory Laws to the Company
- Review of existing Status
- Preparation of Check-lists for Internal Audit for CEO / CFO Certification
How the work proceeds
01
Share the parties, the proposed business, and whether inbound capital or a JV is contemplated.
02
The partner maps the entity form, the statutes that apply, and the documents that must sit around the investment or SHA.
03
Structuring advice is delivered in writing; incorporation and RBI filings are taken as separate engagements under Business Set-up and FEMA.
Related
Other practices
Business Set-up
Incorporation of private and public companies, plus PAN, GST, Professional Tax, and Shop & Establishment registrations.
Company Law
DIN and DSC, retainership for private, listed, JV and not-for-profit companies, and meetings, filings, buy-back, and governance.
Approval and Appearances
Liaison with Registrar and Share Transfer Agents, Stock Exchange(s), and appearances before RD, ROC, and NCLT.
Statutory Certification
Secretarial Audit, signing of Annual Return of Private / Public / Listed companies, and Stock Exchange related CS certification.
FEMA and RBI
Liaison with the Reserve Bank of India and obtaining necessary approvals, including FDI reporting.
Questions about this work
What does advisory cover?
New-business structure, FDI guidance, joint ventures, shareholders’ agreements, the statutory laws that apply, and internal-audit check-lists for CEO / CFO certification.
Is advisory the same as incorporating a company?
No. Advisory is the structure. The MCA filing that creates the company is Business Set-up. Exchange-control reporting after inbound capital is FEMA and RBI.
Do you draft joint-venture and shareholders’ agreements?
Joint-venture structuring, shareholders’ agreements, and technology-transfer agreements sit under advisory. Write to a partner with the parties and the proposed structure.
Do you prepare CEO / CFO internal-audit check-lists?
Yes. Preparation of check-lists for internal audit for CEO / CFO certification is advisory work.