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Doing business in India
India is a large and varied market, with strong technology, manufacturing and services sectors and many family-owned businesses investing abroad. 1 of 18 services have a WONE Global Partner here. For the others, WONE Global confirms availability on request.
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Market guide · Source-checked research
Key rules for doing business in India
India admits most foreign direct investment without prior approval under the automatic route, but sector caps, a list of prohibited sectors and a government-approval requirement for investors linked to countries sharing a land border with India still shape every entry decision. Two large legal changes now apply: the Income-tax Act, 2025 replaced the 1961 Act from 1 April 2026, and the four labour codes took effect on 21 November 2025. Goods and services tax moved to a mainly two-rate structure (5% and 18%, with a 40% rate for a small set of goods and services) from 22 September 2025. Rules are split between the central government and the states, so a business must check both layers for each location.
Full guide · Source-checked research98% of statements checked against a source107 checked against an official source34 checked against a secondary sourceChecked 2026-10-19Not yet professionally reviewed
Overview
India is a federal republic with a common-law legal system. Company law, foreign exchange control, income tax, customs and the foreign direct investment policy are set centrally, while the states administer much of day-to-day business regulation, including stamp duty on many instruments and their own rules under the labour codes. A business with sites in several states should expect state-by-state differences in registrations and inspections.
Foreign investment policy is issued by the Department for Promotion of Industry and Internal Trade (DPIIT) through the Consolidated FDI Policy and Press Notes, and is given legal effect as amendments to the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 under the Foreign Exchange Management Act, 1999. The Reserve Bank of India (RBI) supervises the related reporting through banks authorised to deal in foreign exchange.
2025 and 2026 brought several structural changes that older guides will not reflect: the new income-tax law and its 2026 rules, the commencement of the labour codes with state rules still being notified unevenly, the GST rate rationalisation, 100% automatic-route foreign investment in insurance companies, and a revised framework for investment linked to land-border countries that allows small non-controlling stakes under the automatic route.
Key facts
- Corporate income tax (domestic company, optional regime)
- 22% plus 10% surcharge and 4% cess
- Corporate income tax (foreign company)
- 35% basic rate, plus surcharge and cess
- Income tax law
- Income-tax Act, 2025 in force from 1 April 2026
- GST rates
- 5% and 18%, with 40% for a select few goods and services (from 22 September 2025)
- Labour law
- Four labour codes in force from 21 November 2025
- FDI entry
- Automatic route (no prior approval) or government route (prior approval)
- Land-border-country investors
- Government route, except non-controlling beneficial ownership up to 10%
Entry, investment and company formation
Foreign investors can set up a wholly owned subsidiary, joint venture or LLP, or operate through a branch, liaison or project office. Most sectors are open under the automatic route, but prohibited sectors, sector caps and the land-border-country rule must be checked first, because they decide whether prior government approval is needed. Companies are incorporated with the Ministry of Corporate Affairs through the SPICe+ integrated form, and every company needs at least one director who meets the Indian residence test.
How it works, step by step
- Confirm the activity is not prohibited and identify the sector cap and entry route12DPIIT (FDI Policy)
- Trace beneficial ownership of the investor to test the land-border-country rule and the 10% non-controlling exception34DPIIT
- Where approval is needed, file the proposal online on the Foreign Investment Facilitation Portal for decision by the competent ministry567DPIIT and the administrative ministry, with security clearance from the Ministry of Home Affairs where required
- Reserve the name and incorporate through SPICe+ with eMoA, eAoA and AGILE-PRO-S8Ministry of Corporate Affairs
- Appoint the board, including at least one director meeting the 182-day residence test910Company (Companies Act, 2013)
- Receive the investment through banking channels and complete foreign investment reporting through the authorised dealer bank1112Authorised dealer bank and RBI
No timings or fees are shown unless an official source states them.
Documents usually needed
- Investor constitutional documents, board resolution and audited financial statements, authenticated as required
- Group structure and fund-flow charts showing beneficial owners, including any land-border-country or significant beneficial owner links
- Pre- and post-investment shareholding pattern of the Indian entity
- Proposed directors' identity and address proofs and consents
- Valuation certificate where the transaction requires one
- English translations, apostilled or consularised, of foreign-language documents
Common mistakes
- Checking only the direct shareholder and missing a land-border-country beneficial owner further up the chain.
- Relying on an older FDI summary that predates the 2026 changes to the land-border framework or to insurance.
- Incorporating before a resident director is available, then breaching the residence requirement in the first year.
- Assuming a liaison office can earn revenue or sign commercial contracts.
- Starting operations in a sector on the prohibited list, such as real estate business, under the belief that approval can be obtained later.
Still to be confirmed · 5
- Branch and liaison office eligibility criteria (profit track record, net worth), validity periods and the split between bank-level and RBI approval could not be confirmed: the RBI Master Direction page and PDF could not yet be checked.
- The current wording of the measurement period in section 149(3) of the Companies Act, 2013 (calendar year or financial year, and the treatment of newly incorporated companies) was not confirmed on an official text.
- The significant beneficial owner register rules under section 90 of the Companies Act, 2013 (threshold and filing forms) were not source-checked.
- The date the March 2026 land-border changes took legal effect (reported as 2 May 2026 through an amendment to the Non-debt Instruments Rules) was confirmed only by secondary sources.
- No official incorporation fee schedule or processing time was confirmed.
Who handles this in IndiaCorporate & Entity ServicesGovernment & Regulatory AffairsLegal & ContractingTransactions & Deals
Read the full guide: Entry, investment and company formation →
Sources for this topic · 6
- Department for Promotion of Industry and Internal Trade (DPIIT), Foreign Investment Facilitation Portal — FAQs on FDI PolicyChecked against an official source · checked 2026-10-18 · 4 statements
- Prime Minister's Office (pmindia.gov.in) — Cabinet approves changes in guidelines on investments from countries sharing land border with IndiaChecked against an official source · checked 2026-10-18 · 1 statement
- Department for Promotion of Industry and Internal Trade (DPIIT) — Standard Operating Procedure (SOP) for Processing Foreign Direct Investment (FDI) ProposalsChecked against an official source · checked 2026-10-18 · 2 statements
- Institute of Company Secretaries of India (ICSI) — Appointment and Qualifications of DirectorsChecked against a secondary source · checked 2026-10-18 · 2 statements
- Ministry of Corporate Affairs — SPICe+ video audio textChecked against an official source · checked 2026-10-18 · 1 statement
- Reserve Bank of India — Master Directions – Foreign Exchange ManagementChecked against an official source · checked 2026-10-18 · 1 statement
Questions on this topic
11 statements on entry, investment and company formation in India
Tax, accounting and statutory reporting
The Income-tax Act, 2025 has governed income from 1 April 2026, with a single tax year in place of the previous year and assessment year, while the 1961 Act still governs earlier years. Domestic companies can opt for a 22% rate (plus surcharge and cess); foreign companies taxed on Indian income pay a 35% basic rate. GST is a dual central and state tax with rates of 5% and 18% for most supplies since 22 September 2025, and transfer pricing documentation and treaty paperwork are actively enforced.
How it works, step by step
- Obtain PAN and TAN for the company (available through SPICe+ at incorporation)8Income Tax Department via Ministry of Corporate Affairs
- Register for GST in each state where registration is triggered1314GST authorities (central and state)
- Collect tax residency certificates and the prescribed forms before paying non-residents at treaty rates15Income Tax Department
- Prepare the transfer pricing report, master file and country-by-country report where thresholds are met16Income Tax Department
- File the company return by 31 October, or 30 November where transfer pricing applies17Income Tax Department
No timings or fees are shown unless an official source states them.
Documents usually needed
- PAN and TAN allotment
- GST registration certificate for each state registration
- Tax residency certificates and prescribed treaty forms from non-resident payees
- Transfer pricing accountant's report and supporting benchmarking
- Master file and country-by-country report or notifications where applicable
Common mistakes
- Quoting Income-tax Act, 1961 section numbers in new contracts and policies after 1 April 2026.
- Applying a treaty withholding rate on the strength of a residency certificate alone, without the prescribed form.
- Forgetting that GST registration is state by state, so a new warehouse or office can trigger a separate registration.
- Assuming a foreign parent with no Indian office cannot have an Indian tax presence despite significant economic presence.
- Using pre-September 2025 GST rates in pricing and contracts.
Still to be confirmed · 6
- Pillar Two status (income inclusion rule, domestic minimum top-up tax) was not confirmed on an official source.
- Section numbers of the Income-tax Act, 2025 for the concessional company rate, non-resident rates, withholding and transfer pricing could not be mapped: the official comparison utility did not render.
- Statutory audit requirements under the Companies Act, 2013, Ind AS applicability thresholds and the deadlines for filing financial statements and annual returns with the Ministry of Corporate Affairs were not source-checked.
- Tax audit turnover thresholds under the new Act were not confirmed.
- Most rates come from PwC Worldwide Tax Summaries (last reviewed 11 May 2026), not the Act or Finance Act text; confirm against the official tax reference tables.
- GST registration thresholds were confirmed only on a secondary source.
Who handles this in IndiaTax & International Structuring · Sandeep GuptaAccounting, Reporting & Statutory ComplianceAudit & Assurance
Read the full guide: Tax, accounting and statutory reporting →
Sources for this topic · 10
- Income Tax Department, Central Board of Direct Taxes — Press release: Income-tax Act, 2025 comes into force from 01 April 2026Checked against an official source · checked 2026-10-18 · 2 statements
- PwC Worldwide Tax Summaries — India – Corporate – Significant developmentsChecked against a secondary source · checked 2026-10-18 · 1 statement
- PwC Worldwide Tax Summaries — India – Corporate – Taxes on corporate incomeChecked against a secondary source · checked 2026-10-18 · 3 statements
- PwC Worldwide Tax Summaries — India – Corporate – Withholding taxesChecked against a secondary source · checked 2026-10-18 · 2 statements
- GST Council — Press release on recommendations of the 56th meeting of the GST CouncilChecked against an official source · checked 2026-10-18 · 1 statement
- PwC Worldwide Tax Summaries — India – Corporate – Other taxesChecked against a secondary source · checked 2026-10-18 · 4 statements
- PwC Worldwide Tax Summaries — India – Corporate – Group taxationChecked against a secondary source · checked 2026-10-18 · 1 statement
- PwC Worldwide Tax Summaries — India – Corporate – Tax administrationChecked against a secondary source · checked 2026-10-18 · 1 statement
- Income Tax Department — Income-tax Act, 2025 – Section 6: Residence in IndiaChecked against an official source · checked 2026-10-18 · 1 statement
- PwC Worldwide Tax Summaries — India – Corporate – Corporate residenceChecked against a secondary source · checked 2026-10-18 · 1 statement
Questions on this topic
17 statements on tax, accounting and statutory reporting in India
Employment, payroll and mobility
The four labour codes (wages, industrial relations, social security, and occupational safety, health and working conditions) took effect on 21 November 2025 and replaced 29 central labour laws. They require written appointment letters, extend gratuity to fixed-term staff after one year and widen social security coverage, and the new definition of wages changes payroll calculations. States make their own rules under the codes, and as of mid-2026 several states had not finished doing so, so compliance must be checked state by state.
How it works, step by step
- Register with EPFO and ESIC (available through SPICe+ for new companies)8EPFO and ESIC via Ministry of Corporate Affairs
- Issue written appointment letters to every worker18Employer (labour codes)
- Restructure pay so that wages meet the 50% test, then calculate contributions on that base1920Employer (Code on Wages, 2019)
- Check the rules notified by each state where staff work21State labour departments
No timings or fees are shown unless an official source states them.
Documents usually needed
- Appointment letters for all workers
- Salary structure analysis against the 50% wages test
- EPFO and ESIC registrations
- State registrations and returns under the applicable state rules
- Fixed-term contracts with gratuity provisions
Common mistakes
- Keeping a salary structure with a low basic component, so that excluded allowances are added back and contributions are underpaid.
- Not accruing gratuity for fixed-term employees after one year of service.
- Applying one set of rules across all states when state rules differ or are still pending.
- Relying on handbooks drafted under the repealed Acts.
- Not issuing appointment letters to all categories of worker.
Still to be confirmed · 6
- Employment visa conditions for foreign nationals (including any minimum salary), registration with immigration authorities and the Immigration and Foreigners Act, 2025 were not source-checked.
- Provident fund wage ceiling, applicability threshold and rules for international workers were not confirmed on the EPFO site, which could not be reached.
- ESIC wage threshold and contribution rates were not confirmed.
- The status of the final central rules under the codes and the state-by-state position after May 2026 were not confirmed on official gazettes; the state table relies on a secondary source.
- Termination notice, retrenchment and leave entitlements under the codes and state shops and establishments laws were not covered.
- Professional tax, a state levy, was not covered.
Who handles this in IndiaEmployment, Payroll & MobilityLegal & ContractingGovernment & Regulatory Affairs
Read the full guide: Employment, payroll and mobility →
Sources for this topic · 2
- Ministry of Labour and Employment (Press Information Bureau release) — Government of India announces implementation of four Labour CodesChecked against an official source · checked 2026-10-18 · 6 statements
- iPleaders — Labour Codes 2026 implementation: complete guide to what is in force, what changed and what to do nowChecked against a secondary source · checked 2026-10-18 · 4 statements
Questions on this topic
10 statements on employment, payroll and mobility in India
Sector rules, incentives and property
Sector caps and approval routes are the main regulatory filter for foreign businesses. Manufacturing, telecom and many trading models are open to 100% foreign investment under the automatic route, while banking, defence above 74%, multi-brand retail, print media and pension business carry caps or need approval. Insurance companies became open to 100% foreign investment under the automatic route in 2026, subject to IRDAI verification. Real estate business is closed to foreign investment, and units in the GIFT City international financial services centre have long tax holidays.
How it works, step by step
- Map each planned activity to its FDI sector entry, cap and conditions2223DPIIT (FDI Policy)
- Identify the sector regulator and its licence (for example IRDAI for insurance)24Sector regulator
- Allow for Ministry of Home Affairs security clearance in sensitive sectors7Ministry of Home Affairs
No timings or fees are shown unless an official source states them.
Documents usually needed
- Sector analysis against the FDI Policy and Press Notes
- Sector regulator licence application
- Security clearance form where required
- Board composition showing resident Indian citizens where a sector requires them
Common mistakes
- Relying on sector caps from guides that predate the 2026 insurance change.
- Treating an FDI cap as the only requirement and missing the separate sector licence.
- Assuming that an automatic-route sector removes the need for security clearance or regulator verification.
- Treating land acquisition as covered by the FDI approval when state land laws also apply.
Still to be confirmed · 5
- The DPIIT FAQ table used for several caps does not show its date and still shows insurance at 74%; caps for banking, retail, print media and pension should be confirmed against the current Consolidated FDI Policy.
- Acquisition of immovable property by foreign-owned companies, branches and non-residents under FEMA was not confirmed: the RBI Master Direction could not yet be checked.
- Public procurement preferences (Make in India orders) and restrictions on bidders from land-border countries were not source-checked.
- Special economic zone rules, production-linked incentive schemes and state incentive policies were not covered.
- Sector-specific licensing for financial services, telecom, broadcasting and e-commerce conditions was not covered in detail.
Who handles this in IndiaGovernment & Regulatory AffairsLegal & ContractingInsurance & Risk TransferTax & International Structuring · Sandeep Gupta
Read the full guide: Sector rules, incentives and property →
Sources for this topic · 5
- Department for Promotion of Industry and Internal Trade (DPIIT), Foreign Investment Facilitation Portal — FAQs on FDI PolicyChecked against an official source · checked 2026-10-18 · 6 statements
- Fox Mandal & Associates — FEMA rules amended for insurance sector FDIChecked against a secondary source · checked 2026-10-18 · 1 statement
- IndBiz, Government of India — India's FDI PolicyChecked against an official source · checked 2026-10-18 · 1 statement
- Department for Promotion of Industry and Internal Trade (DPIIT) — Standard Operating Procedure (SOP) for Processing Foreign Direct Investment (FDI) ProposalsChecked against an official source · checked 2026-10-18 · 1 statement
- PwC Worldwide Tax Summaries — India – Corporate – Significant developmentsChecked against a secondary source · checked 2026-10-18 · 2 statements
Questions on this topic
11 statements on sector rules, incentives and property in India
Banking, foreign exchange and repatriation
Foreign investment is governed by the Foreign Exchange Management Act, 1999 and the rules and regulations made under it, with the RBI issuing Master Directions that banks apply day to day. Inward investment, its reporting and later transfers run through authorised dealer banks, and breaches are enforced by the Directorate of Enforcement. Bank onboarding follows the RBI's 2025 know-your-customer directions, updated in October 2026.
How it works, step by step
- Open an account with an authorised dealer bank and complete know-your-customer checks25Bank (RBI KYC Directions, 2025)
- Receive investment funds through banking channels and complete reporting under the RBI reporting regulations1112Authorised dealer bank and RBI
- Apply pricing guidelines to share issues and transfers involving non-residents26Company and valuer
No timings or fees are shown unless an official source states them.
Documents usually needed
- Certificate of incorporation, memorandum and articles
- Board resolution authorising account opening and signatories
- Beneficial ownership details
- Valuation report for share issues or transfers involving non-residents
- Foreign inward remittance details for each tranche of investment
Common mistakes
- Missing FEMA reporting deadlines on share issues, which leads to compounding proceedings.
- Using a superseded Master Direction or an older FDI summary.
- Treating downstream investment by an Indian subsidiary as purely domestic.
- Issuing shares to a non-resident below the price permitted by the pricing guidelines.
Still to be confirmed · 4
- Reporting forms and deadlines (for example the form for reporting share issues and its time limit, the annual foreign liabilities and assets return) could not be confirmed: RBI Master Direction pages and PDFs could not yet be checked or returned verification pages.
- Rules on dividend repatriation, current account convertibility and remittance of sale proceeds were not source-checked.
- External commercial borrowing limits and all-in cost ceilings were not covered.
- Anti-money-laundering obligations under the Prevention of Money-laundering Act, 2002 beyond bank onboarding were not covered.
Who handles this in IndiaBanking & Capital AccessPayments, Foreign Exchange & SettlementFinance & TreasuryRisk, Compliance & Financial Integrity
Read the full guide: Banking, foreign exchange and repatriation →
Sources for this topic · 5
- IndBiz, Government of India — FDI policy frameworkChecked against an official source · checked 2026-10-18 · 1 statement
- Department for Promotion of Industry and Internal Trade (DPIIT), Foreign Investment Facilitation Portal — FAQs on FDI PolicyChecked against an official source · checked 2026-10-18 · 3 statements
- Reserve Bank of India — Master Directions – Foreign Exchange ManagementChecked against an official source · checked 2026-10-18 · 2 statements
- Reserve Bank of India — Master Direction – Reporting under Foreign Exchange Management Act, 1999Checked against an official source · checked 2026-10-18 · 1 statement
- Reserve Bank of India — Master DirectionsChecked against an official source · checked 2026-10-18 · 1 statement
Questions on this topic
8 statements on banking, foreign exchange and repatriation in India
Customs, trade and supply chain
Anyone importing into or exporting from India needs an Importer-Exporter Code from the DGFT, which is the business's PAN. Imports carry basic customs duty, generally 7.5% or 10%, plus a social welfare surcharge and IGST, so landed cost must be modelled by tariff line; preferential rates are available under agreements now in force with partners including the UAE, Australia, the EFTA states and, since 15 July 2026, the United Kingdom. Many products need BIS certification under Quality Control Orders before they can be imported or sold, and SCOMET items need a DGFT export licence.
How it works, step by step
- Obtain an Importer-Exporter Code linked to the business's PAN2728Directorate General of Foreign Trade
- Classify each product and confirm basic customs duty, surcharge and IGST, and any preferential rate under a trade agreement29303132Central Board of Indirect Taxes and Customs
- Check whether a Quality Control Order or the Compulsory Registration Scheme covers the product and obtain BIS certification before shipping333435Bureau of Indian Standards
- Register for GST to recover IGST paid on imports3114GST authorities
- Check the FDI conditions for the chosen trading model36DPIIT
- For exports of SCOMET or restricted items, obtain a DGFT export licence37Directorate General of Foreign Trade
No timings or fees are shown unless an official source states them.
Documents usually needed
- Importer-Exporter Code
- Commercial invoice, packing list and bill of lading or airway bill
- Product classification and duty analysis
- Certificate of origin for preferential duty claims
- BIS licence, certificate of conformity or CRS registration for covered products
- GST registration for import credit
Common mistakes
- Shipping before obtaining an IEC, or using a code that does not match the importer's PAN.
- Shipping goods covered by a Quality Control Order or the Compulsory Registration Scheme without BIS certification.
- Claiming preferential duty without checking the rules of origin and obtaining a valid certificate of origin.
- Pricing on basic customs duty alone and ignoring the surcharge and IGST.
- Selling directly to consumers through a structure that the FDI trading conditions do not allow.
Still to be confirmed · 6
- The Foreign Trade Policy 2023 (effective date, duration and schemes) and the Handbook of Procedures could not yet be checked; DGFT policy pages could not be fetched.
- IEC annual updating, fees and any exemptions from the IEC requirement were not confirmed.
- The India-UAE agreement's dates and coverage were not confirmed, and tariff schedules and rules of origin under each agreement were not reviewed.
- The SCOMET list, licensing procedure and catch-all controls were not reviewed.
- The current list of products under Quality Control Orders and the Authorized Indian Representative requirement under FMCS were not reviewed; legal metrology labelling was not covered.
- Customs duty points rely on a secondary source (PwC, last reviewed 11 May 2026) rather than the customs tariff.
Who handles this in IndiaTrade, Customs & Supply ChainTax & International Structuring · Sandeep GuptaGovernment & Regulatory Affairs
Read the full guide: Customs, trade and supply chain →
Sources for this topic · 13
- PwC Worldwide Tax Summaries — India – Corporate – Other taxesChecked against a secondary source · checked 2026-10-18 · 4 statements
- Department for Promotion of Industry and Internal Trade (DPIIT), Foreign Investment Facilitation Portal — FAQs on FDI PolicyChecked against an official source · checked 2026-10-18 · 1 statement
- PwC Worldwide Tax Summaries — India – Corporate – Significant developmentsChecked against a secondary source · checked 2026-10-18 · 1 statement
- PwC Worldwide Tax Summaries — India – Corporate – Corporate residenceChecked against a secondary source · checked 2026-10-18 · 1 statement
- Directorate General of Foreign Trade (DGFT), Ministry of Commerce and Industry — DGFT online services portal (home page)Checked against an official source · checked 2026-10-19 · 4 statements
- Directorate General of Foreign Trade (DGFT), Ministry of Commerce and Industry — Common Digital Platform for Certificates of OriginChecked against an official source · checked 2026-10-19 · 1 statement
- World Trade Organization, Regional Trade Agreements Database — India - Australia (RTA card)Checked against an official source · checked 2026-10-19 · 1 statement
- World Trade Organization, Regional Trade Agreements Database — EFTA - India (RTA card)Checked against an official source · checked 2026-10-19 · 1 statement
- World Trade Organization, Regional Trade Agreements Database — United Kingdom - India (RTA card)Checked against an official source · checked 2026-10-19 · 1 statement
- World Trade Organization, Regional Trade Agreements Database — RTAs by member: IndiaChecked against an official source · checked 2026-10-19 · 1 statement
- Bureau of Indian Standards (BIS) — Product Certification OverviewChecked against an official source · checked 2026-10-19 · 1 statement
- Bureau of Indian Standards (BIS) — FMCS Overview; Who Can ApplyChecked against an official source · checked 2026-10-19 · 1 statement
- Bureau of Indian Standards (BIS), Compulsory Registration Scheme portal — About CRSChecked against an official source · checked 2026-10-19 · 1 statement
Questions on this topic
19 statements on customs, trade and supply chain in India
Data protection, cyber security and digital compliance
India's Digital Personal Data Protection Act 2023 (DPDP Act) is being brought into force in phases under the DPDP Rules 2025. The Data Protection Board has existed since 13 November 2025, consent-manager registration starts on 13 November 2026, and the main duties on businesses (notice and consent, security, breach reporting, children's data, individuals' rights and transfer rules) start on 13 May 2027. The Act reaches businesses outside India that offer goods or services to people in India. Sector rules apply already, notably the Reserve Bank of India's payment-data localisation rule and CERT-In's cyber security directions.
Documents usually needed
- Data inventory and map showing what personal data is collected in India, where it is stored and who receives it
- Stand-alone consent notices that state each purpose of processing, and a method to record and withdraw consent
- Contracts with data processors and group companies covering security, breach notice and deletion
- Breach response plan covering Data Protection Board notification, notice to affected individuals and CERT-In reporting
- Retention schedule and procedure for handling access, correction and erasure requests within the time limits
Common mistakes
- Treating May 2027 as distant: rebuilding consent flows, notices and processor contracts for existing customers takes many months, and the government has consulted on bringing the deadline forward.
- Applying a GDPR-style age of 13 or 16 for children: under the DPDP Act a child is anyone under 18.
- Assuming the DPDP Act alone governs transfers: RBI payment-data localisation and other sector rules can require storage in India regardless of the Act.
- Merging CERT-In incident reporting into the DPDP breach process: they are separate obligations that already apply under the IT Act framework.
- Ignoring the Act because there is no Indian entity: offering goods or services to people in India brings foreign processing into scope.
Still to be confirmed · 6
- We could not open an official CERT-In page stating the specific incident-reporting deadline and log-retention period in the April 2022 directions; these should be confirmed against the directions themselves.
- No significant data fiduciary designations, restricted-country notifications under section 16 or transfer restrictions under the Rules were confirmed as notified by 18 October 2026.
- Sources differ on whether the Rules were published on 13 or 14 November 2025, which moves the commencement dates by a day; the Gazette text should be checked.
- MeitY's proposal to shorten the compliance window had not been confirmed as notified; status may change at short notice.
- GST e-invoicing thresholds and other digital filing obligations were not verified and sit with the tax area.
- Sector-specific localisation (insurance, telecoms, government cloud, health) depends on the business and was not reviewed.
Who handles this in IndiaTechnology, Data & CyberLegal & ContractingRisk, Compliance & Financial IntegrityGovernment & Regulatory Affairs
Read the full guide: Data protection, cyber security and digital compliance →
Sources for this topic · 7
- India Code (Legislative Department, Ministry of Law and Justice) — The Digital Personal Data Protection Act, 2023 (No. 22 of 2023)Checked against an official source · checked 2026-10-18 · 7 statements
- Press Information Bureau, Government of India — Digital Personal Data Protection Rules, 2025 (backgrounder, 17 November 2025)Checked against an official source · checked 2026-10-18 · 3 statements
- SCC Online — MeitY notified Digital Personal Data Protection Rules, 2025Checked against a secondary source · checked 2026-10-18 · 2 statements
- Reserve Bank of India — Storage of Payment System Data (FAQs)Checked against an official source · checked 2026-10-18 · 1 statement
- S.S. Rana & Co. (via Mondaq) — MeitY plans to cut short DPDP compliance timeline and notify cross border restrictions for SDFs (15 April 2026)Checked against a secondary source · checked 2026-10-18 · 1 statement
- Vikaspedia (Government of India portal, MeitY/C-DAC) — CERT-In issues directions relating to information security practices, procedure, prevention, response and reporting of cyber incidents for Safe and Trusted InternetChecked against an official source · checked 2026-10-18 · 1 statement
- AMS Shardul (Shardul Amarchand Mangaldas) — Enforcement of the DPDP Act and notification of the DPDP RulesChecked against a secondary source · checked 2026-10-18 · 1 statement
Questions on this topic
16 statements on data protection, cyber security and digital compliance in India, 1 not yet checked against a source
Intellectual property: trade marks, patents, designs and copyright
Intellectual property in India is governed by central statutes: the Trade Marks Act 1999, the Patents Act 1970, the Designs Act 2000 and the Copyright Act 1957, all last amended in 2023. Patents, designs and trade marks are administered by the Office of the Controller General of Patents, Designs and Trade Marks. India is a member of the Paris Convention, the Patent Cooperation Treaty (PCT), the Madrid Protocol and the Berne Convention, so foreign owners can extend existing filings to India through the international systems.
How it works, step by step
- Search existing Indian registrations and applications for conflicting marks before launch.38Office of the Controller General of Patents, Designs and Trade Marks (online records)
- File a national application, or designate India in an international registration under the Madrid Protocol.3938CGPDTM or WIPO International Bureau
- For patents, file nationally within the Paris priority period or enter the national phase from a PCT application.4041CGPDTM (Patent Office)
- For inventions made in India by residents, obtain foreign filing permission or file first in India and wait six weeks before filing abroad.42Controller of Patents
No timings or fees are shown unless an official source states them.
Documents usually needed
- Clear representation of the mark and list of goods and services by class
- Power of attorney for the Indian agent or attorney
- Priority document and translation, where claiming Paris Convention priority
- Assignment or employee invention agreements showing the applicant's title
- Licence agreements recorded with the registry where required, with tax and foreign exchange terms reviewed
Common mistakes
- Launching a brand in India before filing, leaving room for local squatters to register first.
- Filing abroad first for an invention made in India by resident inventors without obtaining foreign filing permission.
- Assuming a Madrid designation will proceed without local follow-up; examination objections are handled by the Indian registry and may need a local agent.
- Overlooking the tax and foreign exchange aspects of royalty payments under IP licences into India.
Still to be confirmed · 5
- Protection terms (trade marks, patents, designs, copyright), renewal periods and official fees were not confirmed on an official page; IP India and WIPO legislation texts could not yet be checked because of access limits.
- The current rules on statements of working of patents (Form 27) after the Patents (Amendment) Rules 2024, and patentability exclusions such as section 3(d), were not verified.
- The foreign filing permission rule was checked only against an earlier version of the Patents Act text on WIPO Lex; the current wording should be confirmed.
- Enforcement routes (civil infringement actions, criminal remedies for counterfeiting, customs recordal) and timelines were not verified.
- Copyright registration being optional is a widely accepted position but was not confirmed on an official page.
Who handles this in IndiaIntellectual Property & Brand ProtectionLegal & ContractingDisputes & Resolution
Read the full guide: Intellectual property: trade marks, patents, designs and copyright →
Sources for this topic · 3
- World Intellectual Property Organization (WIPO Lex) — India: WIPO Lex member profileChecked against an official source · checked 2026-10-18 · 8 statements
- World Intellectual Property Organization (WIPO Lex) — The Trade Marks Act, 1999 (Act No. 47 of 1999, as amended up to Act No. 18 of 2023)Checked against an official source · checked 2026-10-18 · 1 statement
- World Intellectual Property Organization (WIPO Lex) — The Patents Act, 1970 (Act No. 39 of 1970)Checked against an official source · checked 2026-10-18 · 1 statement
Questions on this topic
10 statements on intellectual property: trade marks, patents, designs and copyright in India, 2 not yet checked against a source
M&A approvals, merger control and insolvency
Acquisitions, mergers and amalgamations that cross the asset or turnover thresholds in the Competition Act 2002, or that are worth more than Rs 2,000 crore where the target has substantial business operations in India, must be approved by the Competition Commission of India (CCI) before closing. Insolvency is governed by the Insolvency and Bankruptcy Code 2016 (IBC) and heard by the National Company Law Tribunal (NCLT). Major IBC amendments took effect on 26 May 2026, shortening admission and liquidation timelines and creating a creditor-initiated process.
How it works, step by step
- Test the deal against the asset and turnover thresholds, the small target exemption and the deal value and substantial business operations tests, including deferred and contingent consideration.43444546Parties and advisers
- Where the position is unclear, seek a pre-filing consultation.47Competition Commission of India
- File the notice (green channel where there is no overlap) and do not close until approval.4849Competition Commission of India
- CCI forms a prima facie view within 30 days; a combination is deemed approved if no order is made within 150 days.50Competition Commission of India
No timings or fees are shown unless an official source states them.
Documents usually needed
- Transaction documents showing all consideration, including deferred, contingent and non-compete payments, for the deal value test
- Audited financial statements showing Indian and worldwide assets and turnover of the parties and their groups
- Evidence of Indian users, gross merchandise value or turnover against global figures for the substantial business operations test
- Group structure chart identifying control and overlapping or vertically related businesses
- For insolvency matters: loan and security documents, record of default and the creditor's claim with supporting evidence
Common mistakes
- Relying on the small target exemption for a high-value acquisition: it falls away when the deal value exceeds Rs 2,000 crore and the target has substantial business operations in India.
- Leaving deferred or uncertain consideration out of the deal value; where the value cannot be established with reasonable certainty, the threshold is treated as met.
- Closing, or giving the buyer control or influence, before CCI approval, which risks a gun-jumping penalty based on turnover, assets or deal value.
- Using pre-2026 IBC assumptions about withdrawal, admission and liquidation timelines, which changed on 26 May 2026.
- Filing on the green channel without a full overlap analysis: the deemed approval is void if the deal did not qualify.
Still to be confirmed · 6
- The section 5 party and group thresholds are taken from a secondary source; the March 2024 Gazette notification could not yet be checked.
- CCI filing fees, Form II triggers and clock-stop practice were not confirmed on an official page.
- SEBI takeover rules (open-offer triggers for listed targets) and foreign investment screening under Press Note 3 (2020) were not verified.
- The classes of financial institutions eligible to use the new creditor-initiated process and the group insolvency rules were not confirmed as notified.
- Several provisions of the IBC (Amendment) Act 2026 (including sections 7, 40, 42, 45, 47, 60, 67 and 71) were not brought into force on 26 May 2026; their status should be checked.
- Whether India has adopted a cross-border insolvency framework based on the UNCITRAL Model Law was not confirmed.
Who handles this in IndiaTransactions & DealsLegal & ContractingGovernment & Regulatory AffairsDisputes & Resolution
Read the full guide: M&A approvals, merger control and insolvency →
Sources for this topic · 8
- iPleaders — CCI merger control: deal value threshold and green channelChecked against a secondary source · checked 2026-10-18 · 1 statement
- Competition Commission of India — Fair Play, Volume 50 (CCI quarterly newsletter)Checked against an official source · checked 2026-10-18 · 4 statements
- Competition Commission of India — The Competition (Amendment) Act, 2023Checked against an official source · checked 2026-10-18 · 2 statements
- Competition Commission of India — Competition Commission of India website (Combination: Pre-Filing Consultations)Checked against an official source · checked 2026-10-18 · 1 statement
- Insolvency and Bankruptcy Board of India (Ministry of Corporate Affairs notification) — Notification under section 4 of the Insolvency and Bankruptcy Code, 2016 (S.O. 1205(E))Checked against an official source · checked 2026-10-18 · 1 statement
- Insolvency and Bankruptcy Board of India — The Insolvency and Bankruptcy Code, 2016 (as amended up to 12.08.2021)Checked against an official source · checked 2026-10-18 · 2 statements
- Insolvency and Bankruptcy Board of India (Ministry of Corporate Affairs notification) — Notification under sub-section (2) of section 1 of the Insolvency and Bankruptcy Code (Amendment) Act, 2026 (S.O. 2625(E))Checked against an official source · checked 2026-10-18 · 1 statement
- Insolvency and Bankruptcy Board of India — The Insolvency and Bankruptcy Code (Amendment) Act, 2026Checked against an official source · checked 2026-10-18 · 4 statements
Questions on this topic
16 statements on m&a approvals, merger control and insolvency in India
Anti-bribery, financial crime and compliance governance
India's Prevention of Corruption Act makes it a crime to give an undue advantage to a public servant and, since 26 July 2018, makes a commercial organisation liable to a fine when anyone performing services for it bribes a public servant to win or keep business; foreign companies doing business in India are covered, and having adequate procedures is a defence. The Prevention of Money-laundering Act sets the money-laundering offence and places record-keeping, due diligence and reporting duties on banks, financial institutions, intermediaries and designated businesses, supervised by FIU-IND. Corporate governance duties, CSR spending under section 135 of the Companies Act, whistle-blowing and sanctions could not yet be confirmed from official sources.
How it works, step by step
- Map every agent, distributor, consultant and other person performing services for the business in India and assess bribery risk5152Internal compliance (Prevention of Corruption Act 1988, section 9)
- Document adequate procedures: policy, due diligence, contract clauses, training, monitoring and reporting channels53Internal compliance
- Check whether any group entity is a PMLA reporting entity and, if so, register with FIU-IND and appoint a designated director and principal officer5455FIU-IND
- Prepare beneficial ownership information above the 10% threshold for bank onboarding5625Bank (RBI KYC Directions; PML Rules)
No timings or fees are shown unless an official source states them.
Documents usually needed
- Anti-bribery policy and third-party due diligence procedures evidencing adequate procedures under section 9
- Register of associated persons (agents, distributors, consultants) with due diligence records
- Beneficial ownership chart down to natural persons holding more than 10%
- AML programme, FIU-IND registration and designated director and principal officer details, where the entity is a reporting entity
- Incident response plan covering CERT-In reporting and, from 2027, Data Protection Board notification
Common mistakes
- Assuming a foreign parent is outside Indian anti-bribery law because it is incorporated abroad; section 9 covers foreign bodies carrying on any part of their business in India.
- Treating payments through agents or consultants as the agent's problem; the corporate offence turns on bribes by any person performing services on the organisation's behalf.
- Relying on an unadapted global policy without records that show the procedures operate in India.
- Under-preparing for bank onboarding by not mapping beneficial owners above 10%.
- Treating data protection and cyber incident reporting as IT issues rather than board-level risks with large penalties.
Still to be confirmed · 7
- Whether the Central Government has prescribed the section 9(5) guidelines on adequate procedures was not confirmed.
- PMLA text was checked on FIU-IND's consolidated page, which references amendments only up to 2019; any later amendment, and the current list of notified designated businesses and professions, were not checked.
- Sanctions: India's implementation of United Nations Security Council sanctions and any autonomous measures were not verified.
- Corporate governance: directors' duties, CSR applicability thresholds and spending under section 135 and the vigil mechanism under section 177 of the Companies Act 2013 could not yet be checked on an official page (India Code text was truncated and MCA and the CSR portal could not be fetched).
- Whistle-blowing: the CVC's public interest disclosure regime and the status of the Whistle Blowers Protection Act 2014 were not verified.
- Criminal law: the Bharatiya Nyaya Sanhita 2023 and its effect on corporate fraud offences were not verified.
- Mandatory insurance (for example public liability and employee-related cover) was not verified.
Who handles this in IndiaRisk, Compliance & Financial IntegrityLegal & ContractingBanking & Capital AccessTechnology, Data & Cyber
Read the full guide: Anti-bribery, financial crime and compliance governance →
Sources for this topic · 4
- Legislative Department, Ministry of Law and Justice (India Code) — The Prevention of Corruption Act, 1988 (Act No. 49 of 1988), as on 21 May 2025Checked against an official source · checked 2026-10-19 · 6 statements
- Financial Intelligence Unit-India (FIU-IND), Ministry of Finance — Prevention of Money-laundering Act, 2002Checked against an official source · checked 2026-10-19 · 4 statements
- Financial Intelligence Unit-India (FIU-IND), Ministry of Finance — Prevention of Money-laundering (Maintenance of Records) Rules, 2005, as amendedChecked against an official source · checked 2026-10-19 · 2 statements
- Financial Intelligence Unit-India (FIU-IND), Ministry of Finance — FIU-IND home page; FAQsChecked against an official source · checked 2026-10-19 · 1 statement
Questions on this topic
13 statements on anti-bribery, financial crime and compliance governance in India
Courts, arbitration and enforcement
Arbitration in India is governed by the Arbitration and Conciliation Act 1996: awards made in India are enforced as court decrees once the three-month challenge window closes, and foreign awards are enforced under the New York Convention, which India applies only to commercial disputes and to awards from territories it has notified. Commercial claims worth Rs 3 lakh or more go to designated commercial courts and divisions, and a suit that does not need urgent relief must first go through pre-institution mediation. The Mediation Act 2023 and the enforcement of foreign court judgments could not yet be confirmed from official sources.
How it works, step by step
- For an award made in India, wait for the three-month challenge period (plus any extension) to expire, then apply to execute it as a decree5758Competent civil court or commercial court
- For a foreign award, confirm the seat is a notified territory and apply for enforcement under Part II5960High Court or commercial court with jurisdiction
- For a commercial claim of Rs 3 lakh or more without urgent relief, start pre-institution mediation before filing suit6162Mediation authority designated under the Commercial Courts Act
No timings or fees are shown unless an official source states them.
Documents usually needed
- Signed contract containing the arbitration agreement or jurisdiction clause
- Original or certified copy of the arbitral award, with certified English translation where needed
- Evidence that the seat country is a New York Convention state notified by India
- Record of pre-institution mediation (or grounds for urgent interim relief) before filing a commercial suit
- Board resolution or power of attorney authorising the enforcement or claim proceedings
Common mistakes
- Choosing a foreign seat without checking whether India has notified that country for New York Convention enforcement.
- Missing the three-month window to challenge an Indian award; the extra thirty days are discretionary and final.
- Filing a commercial suit without first attempting pre-institution mediation when no urgent relief is sought.
- Not excluding, or not using, Indian court interim relief in a foreign-seated arbitration when assets are in India.
- Assuming a foreign court judgment can be enforced like an arbitral award; foreign judgments follow a separate reciprocity regime.
Still to be confirmed · 5
- The Arbitration and Conciliation Act text checked is the consolidated version last updated 12 March 2021 (hosted by the IIAC); any later amendment and the status of the Arbitration and Conciliation (Amendment) Bill were not checked.
- The list of countries notified by India as reciprocating for New York Convention enforcement was not verified.
- The Mediation Act 2023: commencement of its provisions, time limits, enforcement of mediated settlements and its effect on section 12A of the Commercial Courts Act were not verified on an official page.
- Enforcement of foreign judgments under section 44A of the Code of Civil Procedure and the list of reciprocating territories were not verified.
- Commercial Courts Act points rely on the 2018 amending Act; the current consolidated text and court-level pecuniary jurisdiction in each State were not checked.
Who handles this in IndiaDisputes & ResolutionLegal & Contracting
Read the full guide: Courts, arbitration and enforcement →
Sources for this topic · 5
- UNCITRAL (United Nations Commission on International Trade Law) — Status: Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)Checked against an official source · checked 2026-10-18 · 1 statement
- India International Arbitration Centre (statutory body), Statutes page — The Arbitration and Conciliation Act, 1996 (Act No. 26 of 1996), updated textChecked against an official source · checked 2026-10-19 · 7 statements
- India International Arbitration Centre — Statutes; About IIACChecked against an official source · checked 2026-10-19 · 1 statement
- Ministry of Law and Justice, Gazette of India (copy hosted by PRS Legislative Research) — The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act, 2018 (No. 28 of 2018)Checked against an official source · checked 2026-10-19 · 3 statements
- PRS Legislative Research — The Mediation Bill, 2021 (bill track)Checked against a secondary source · checked 2026-10-19 · 1 statement
Questions on this topic
13 statements on courts, arbitration and enforcement in India
Sources last checked on 19 October 2026. None of it has been professionally reviewed yet: it is research checked against official and secondary sources by WONE Global, not legal or tax advice.
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India is too large for one firm to lead a service everywhere. WONE Global admits one firm per service in each of 4 regions, so the firm you work with knows the local authorities, courts and practice.
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Senior professionals responsible for WONE Global work in India, under their own professional rules.
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Business corridors
Corridors from India
Where business from India most often goes — and where WONE Global is already on both sides.
India ↔ United Arab EmiratesIndia ↔ United Arab Emirates brings together market access, commercial relationships, tax, finance, people, c…
India ↔ Saudi ArabiaIndia ↔ Saudi Arabia brings together market access, commercial relationships, tax, finance, people, contracts…
Singapore ↔ IndiaSingapore ↔ India brings together market access, commercial relationships, tax, finance, people, contracts, r…
India ↔ AfricaIndia ↔ Africa brings together market access, commercial relationships, tax, finance, people, contracts, regu…
Europe ↔ IndiaEurope ↔ India brings together market access, commercial relationships, tax, finance, people, contracts, regu…
India ↔ United StatesIndia ↔ United States is a cross-border business corridor involving market access, investment, finance, peopl…
What changed recently
Rules that changed in India
From the Newsroom: changes recorded in this guide, each checked against its official source, with the date it takes effect.
India: The United Kingdom-India free trade agreement, covering goods and services
Took effect 15 July 2026
India: The Insolvency and Bankruptcy Code (Amendment) Act 2026 (No. 6 of 2026) received assent on 6 April 2026
Took effect 26 May 2026
India: Proposals from land-border-country investors in specified manufacturing sectors must be decided within 60 days of…
Took effect 4 May 2026
India: FDI proposals from land-border-country investors, and proposals in sectors such as defence
Took effect 4 May 2026
Cases
Cases that involve India
Cases whose typical case runs through India, each with what is at stake, how WONE Global handles it and who handles it here.
Urgent How do we stop the other side moving assets or destroying evidence?Contracts, commercial disputes & collectionsUrgent We've received a tax notice from another country. Do we have to pay?Tax assessments, disputes & managementUrgent We've received a legal letter from another country. How serious is it?Restructuring, insolvency & business recoveryUrgent Our key hire's work visa was refused. What now?Immigration, visas & global mobilityUrgent The tax authority wants our transfer pricing documentation. We don't have any.International tax planning & transfer pricingUrgent Someone abroad is pretending to be our company. How do we stop it?Cybercrime, data breaches & AI disputesUrgent Investors want our company moved to Delaware or Singapore before they invest.Corporate ownership & governanceWhy won't any bank open an account for our new foreign company?Banking, lending & secured financeWho can do our bookkeeping and monthly reporting in another country?Accounting, payroll & statutory reportingAre our controls abroad strong enough before we grow further?Audit, assurance & financial integrityWill our standard contract hold up with customers in other countries?Contracts, commercial disputes & collectionsHow do we pay overseas suppliers safely and cheaply?Payments, FX, digital assets & treasury
Situations
When something happens in India
Common problems that need someone on the ground, and worked scenarios involving India.
Urgent Our bank has frozen an international payment. What can we do?Urgent Our bank says it will close our account. Can we stop it?Urgent Our goods are stuck at customs abroad. How do we get them released?Urgent We've received a tax notice from another country. Do we have to pay?Urgent We paid a supplier abroad and nothing arrived. How do we get our money back?Urgent We've received a legal letter from another country. How serious is it?
Worked scenarios
- Mid-sized company · from India · in United Arab EmiratesTrading company, Indian-ownedIts new Dubai company has been refused by two banks because its ownership runs through three countries. Without an account it cannot receive revenue or pay staff.How WONE Global handles it →
- Mid-sized company · from Sweden · in IndiaEngineering companyIts Indian subsidiary reports late every month and in a format the group cannot consolidate.How WONE Global handles it →
- Founder-led company · from India · in Singapore, United Arab Emirates, United StatesGrowth company preparing to raiseIt finds that one person approves payments abroad. Investors will see that in due diligence.How WONE Global handles it →
- Founder-led company · from United Kingdom · in Germany, France, United States and 2 moreSaaS companyIt signs customers in 20 countries on English-law terms nobody has checked locally.How WONE Global handles it →
Scenarios are representative of the work WONE Global coordinates, not specific client matters.
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