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Legal Framework in India for FDI Policies and Ease of Doing Business 2023: A Study of the Challenges Faced by Foreign Companies while Entering into the Indian Market -

The "Legal Framework in India for FDI Policies and Ease of Doing Business" report has been added to's offering.

Research Background and Scope

This report intends to provide the FDI landscape, regulatory frameworks and current status of FDIs in India. This report will help companies interested in investing in India. After the decision of going for economic reforms in 1991, the Indian government took many steps to bring in foreign direct investments (FDIs).

As time proceeded there were many iterations to the original framework and today the reforms are at their peak. There were many challenges on this route and there are many more to come.

Statement of Problem

The Narasimha Rao-led Government introduced liberalization and allowed foreign companies to invest and do business in India. Despite making a favourable environment for business and economy, there are certain issues and challenges which foreign companies/investors face while investing in India. The regulatory framework of the country creates a certain amount of hindrance and impacts the decision of these investors in investing in India.


The report assumes that after the economic policy of 1991 and the introduction of the liberalization policy, India opened the gates for foreign investors and companies to do business in India and invest in India. Many regulations and laws have been eased to attract and increase foreign direct investments and development the business market in India.

Research Questions

You will find answers for:

  • How the foreign companies defined in India?
  • What are the different methods of establishing foreign companies in India?
  • What is the procedure for registering foreign companies in India?
  • How can Indian laws and regulations impact foreign companies while doing business in India?
  • What issues and concerns does a foreign investor face while investing in India?
  • What is the present scenario of foreign investments after the COVID-19 Pandemic?

Research Objectives

The research objectives of the report are as follows:

  • To understand the concept of foreign companies as per the Companies Act, 2013.
  • To understand the different methods of establishing foreign companies in India.
  • To list out the procedure of registering foreign companies in India.
  • To analyze the impact of Indian laws and regulations on foreign companies while doing business in India.
  • To critically analyze the issues and concerns faced by foreign investors while investing in India.
  • To analyze the present scenario of foreign investments after the COVID-19 Pandemic.

The sources used for the research include;

  • Ministry of Commerce and Industry
  • The Department for Promotion of Industry and Internal Trade (DPIIT)
  • Empowered Group of Secretaries (EGoS)
  • Project Development Cells (PDC5)
  • Investment Clearance Cell (ICC)
  • Federation of Indian Chambers of Commerce & Industry (FICCI)
  • The Confederation of Indian Industry (CII)
  • The National Association of Software and Service Companies (NASCOM)
  • Legal Resources;
  • The Juvenile Companies Act of 2013, the Banking regulation act, of 1949
  • The Payment of Wages Act of 1936, the Industrial Employment Act of 1946
  • The Industrial Disputes Act of 1947
  • The Payment of Bonus Act of 1965
  • The Payment of Gratuity Act of 1972
  • The Construction Workers Acts of 1996, the Workmen's Compensation Act of 1923 (as amended in 2000)
  • The Industrial Disputes Act of 1946, and the Trade Unions Act of 1926
  • Income-tax Act of 1961, Competition Act,2002
  • Limited Liability Act, 2008
  • Indian Contract Act of 1872
  • Foreign Exchange Management Act, 1999
  • Foreign Trade (Development and Regulation) Act, 1992
  • Arbitration and Conciliation Act, 1996 and Information Technology act 2000

Key Topics Covered:

1. Research Background

1.1 Statement of Problem

1.2 Hypothesis

1.3 Research Questions

1.4 Research Objectives

1.5 Scope of the Study

1.6 Limitations of the Study

1.7 Research Methodology

2 Executive Summary

2.1 Positive Externalities in Economic Growth

2.2 Factors Considered for FDIs

2.3 The Two Questions

3 The Trend of Investing in Developing Countries

3.1 The Basic Principles

3.2 Rule of law and foreign investment

3.2.1 Setting Investment Climate

3.2.2 The Relevance of Expediting Regulatory Procedures

3.2.3 Local Legal Systems, International Treaties and Bilateral Investment Treaties

3.3 The Indian Legal System and its impact

4 Indian Environment for FDIs

4.1 Era of FDI Liberalisation

4.2 Five Point Policy

4.2.1 Foreign Trade (Development and Regulation) Act, 1992

4.2.2 Foreign Exchange Management Act, 1999 (FEMA) and Regulations

4.2.3 Banking Regulation Act, 1949

4.2.4 Companies Act, 2013 and 2015

4.2.5 Indian Contract Act, 1872

4.2.6 Arbitration and Conciliation Act, 1996

4.2.7 Information Technology Act, 2000

4.2.8 Competition Act, 2002 and Limited Liability Act, 2008

4.2.9 Business laws regarding copyrights, patents, and trademarks

4.2.10 Labour Laws

4.2.11 Tax laws

5 The Regulatory Process for Foreign Companies in India

5.1 Procedure for Foreign Company Registration in India

5.1.1 Companies (Registration of Foreign Companies) Rules

5.1.2 Financial Statements of Foreign Companies

5.1.3 Foreign Company Certification

5.1.4 Compliances under Foreign Exchange Management Act (FEMA) 1999

5.1.5 Companies act, 2013

6 Foreign Companies as per Companies Act, 2013

6.1 Rules for Running Business in India through Electronic Means

7 Legal Options for Starting a Business in India

7.1 Joint venture with Indian Partners

7.2 Wholly Owned Subsidiary Company

7.3 Limited Liability Partnership

7.4 Branch Office

7.5 Liaison Office

7.6 Project Office

8 Company Formation in India

8.1 Incorporation of a company

8.1.1 Ascertaining Availability of Name

8.1.2 Preparation of Memorandum of Association in the Article of the Association

8.1.3 Printing, Signing, and Stamping, Vetting of Memorandum and Articles

8.1.4 Power of Attorney

8.1.5 Payment of Registration Fees

8.1.6 Certificate of Incorporation

9 Summary

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