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In March 2025, India and New Zealand initiated negotiations for a Free Trade Agreement, which were successfully concluded by December 2025, making it one of India’s fastest-negotiated FTAs. The pact reflects a shared commitment to strengthen economic ties and achieve commercially meaningful outcomes within a remarkably short period. For international businesses, the India–New Zealand FTA expands market access and tariff advantages, positioning New Zealand as a strategic gateway to the wider Oceania and Pacific Island markets. Beyond trade in goods, the agreement opens up avenues in services and skilled mobility, highlighting India’s role as a dependable talent source across priority sectors. Moreover, the FTA sets the stage for collaboration in emerging and specialised domains, including AYUSH, wellness, and services such as Yoga instruction, culinary expertise, and creative professions. Altogether, it exemplifies India’s evolving trade strategy, integrating market access, services, skills, and long-term economic partnership. Tracing Growth in India-New Zealand Trade Relations Over the years, India and New Zealand have nurtured a steadily deepening trade relationship, making New Zealand India’s second-largest trading partner in Oceania and its 11th-largest global partner in two-way trade. Although bilateral trade remains selective in scale, its strategic importance has risen alongside growing commercial and demographic connections. During 2023–24, total bilateral trade reached USD 1.75 billion, reflecting sustained engagement in both goods and services. New Zealand’s status as a high-income, globally integrated economy with a per capita income of USD 49,380 and total imports and exports of USD 47 billion and USD 42 billion respectively in 2024 further highlights its stability and sophistication as a market in the Oceania region. New Zealand’s outward investment orientation reinforces this bilateral dynamic. With nearly 8% of its GDP invested abroad annually and total overseas investments amounting to USD 422.6 billion as of March 2025, the country represents a valuable source of global capital and long-term partnerships for emerging economies like India. Adding to trade and investment flows, India’s diaspora of approximately 300,000 people representing nearly 5% of New Zealand’s population serves as a durable economic and cultural bridge. This community supports demand for Indian goods and services while facilitating business continuity, talent mobility, and cross-border cooperation, forming a solid foundation for the FTA. Key Benefits of the India–New Zealand FTA The India–New Zealand Free Trade Agreement provides a comprehensive suite of advantages aimed at deepening trade, promoting services, and supporting cross-border investment. Its provisions enhance predictability, improve market access, and foster long-term operational viability for businesses in both markets. Tariff Liberalisation The FTA introduces a calibrated tariff framework that balances full export access with domestic safeguards. From the Entry into Force, Indian exports gain 100% duty-free access to New Zealand, providing immediate clarity and competitiveness for manufacturers and exporters. India has reciprocated by offering access on 70.03% of its tariff lines, while 29.97% remain on an exclusion list to protect sensitive sectors. Among the liberalised lines, 30% receive immediate duty elimination, covering products such as wood, wool, sheep meat, and raw leather hides. A further 35.60% of tariff lines will be phased out over 3, 5, 7, and 10 years, including petroleum oils, malt extracts, vegetable oils, selected electrical and mechanical machinery, and peptones. An additional 4.37% of products, such as wine, pharmaceutical products, polymers, aluminium, and iron and steel articles, will see reduced tariffs, while 0.06% including honey, apples, kiwi fruit, and milk albumin fall under tariff rate quotas. Key sensitive items explicitly excluded by India include dairy and dairy derivatives, most animal products, select agricultural commodities, sugar, fats and oils, arms and ammunition, gems and jewellery, and certain copper and aluminium products. This structure provides foreign enterprises with predictable timelines, clear access, and a balanced liberalisation approach that aligns with long-term trade strategies. Mobility and Education The FTA introduces a structured framework for talent mobility, highly relevant for companies seeking skilled, globally mobile professionals. For the first time, New Zealand has signed an Annexe on Student Mobility and Post-Study Work Visas, ensuring long-term policy certainty. Indian students may work up to 20 hours per week during studies, with post-study work options of up to three years for STEM bachelor’s and master’s graduates and four years for doctoral graduates, strengthening the talent pipeline. The agreement also creates dedicated professional pathways, including a quota of 5,000 visas for skilled Indian professionals for stays up to three years across priority sectors such as IT, engineering, healthcare, education, and construction, alongside recognised Indian professions including AYUSH practitioners, yoga instructors, chefs, and music teachers. A Working Holiday Visa quota of 1,000 places annually further supports short-term mobility and early-career exposure. Together, these measures enhance workforce planning and cross-border talent strategies for enterprises. Services The FTA delivers New Zealand’s most extensive services market access offer to date, reinforcing its relevance for service-led enterprises. Commitments cover 118 service sectors, providing enhanced certainty and non-discriminatory treatment for Indian providers. Moreover, Most-Favoured Nation treatment extends across 139 sectors, ensuring that any future liberalisation granted to other partners automatically benefits India. Investment and Market Access Gains Anchored by a long-term investment commitment, New Zealand plans to invest USD 20 billion in India over 15 years, signalling confidence in India’s growth and operating environment. For foreign businesses, this represents deeper capital integration and expanded opportunities across manufacturing, infrastructure, and services sectors. On market access, New Zealand provides immediate zero-duty access on all 8,284 tariff lines from the Entry into Force, boosting competitiveness for Indian exporters. Previously applied tariffs of around 10% on roughly 450 key lines including textiles, apparel, leather, ceramics, carpets, automobiles, and auto components will be removed, reducing New Zealand’s average applied tariff from 2.2% to zero. These steps enhance trade efficiency, margins, and scalability for cross-border operations between the two countries. Gains for Agro-Tech The FTA encourages agri-technology collaboration, with New Zealand committing to Action Plans for kiwifruit, apples, and honey to enhance productivity, quality, and grower capabilities in India. Cooperation includes Centres of Excellence, improved planting material, grower training, and technical support covering orchard management, post-harvest practices, supply chains, and food safety. These measures … Read more

On 18 December, India and Oman officially signed the Comprehensive Economic Partnership Agreement (CEPA), marking a significant milestone in deepening economic and investment ties between India and the Gulf region. The agreement provides extensive tariff reductions for Indian exports, opens up access across 127 services sectors, and introduces a smoother framework for the movement of skilled professionals. Together, these measures reflect a commitment to regulatory transparency and more efficient cross-border operations. The CEPA carries strategic significance beyond trade. It is only the second bilateral free trade deal Oman has signed, after the United States, positioning the country as a key partner in India’s export strategy. The agreement also strengthens the longstanding economic interdependence between the two nations, as India continues to import vital petrochemical and energy resources from Oman, ensuring supply security and fostering long-term economic alignment. What Makes India-Oman CEPA Unique This CEPA stands out due to the extensive market access it provides, setting a high benchmark for India’s recent trade agreements. Indian exporters now enjoy zero-duty access on 98.08% of Oman’s tariff lines, which accounts for around 99.38% of India’s exports by value. This broad tariff elimination offers immediate cost benefits for export-oriented businesses. Beyond tariff cuts, the CEPA promotes predictable and commercially viable operations. By combining liberalisation of goods with access to services and supportive frameworks, it enhances certainty for multinational companies considering Oman as a regional hub and India as a scalable production base. The agreement is more than a trade facilitation tool—it provides a platform for strategic investment planning, regional market penetration, and supply chain optimisation between India and the Gulf. Types of Trade Agreements Type of Agreement Description Free Trade Agreements (FTAs) Binding treaties that reduce or remove tariffs, quotas, and trade restrictions; often include trade facilitation, IPR, and investment terms. Preferential Trade Agreements (PTAs) Reduce tariffs selectively on certain goods without fully eliminating trade barriers. Comprehensive Economic Partnerships/Cooperation (CEPAs/CECAs) Broader than FTAs, covering trade in services, investment, and regulatory collaboration. Bilateral Investment Treaties (BITs) Focus on protecting and promoting investments, including fair treatment and dispute resolution mechanisms. Regional Trade Agreements (RTAs) Agreements among multiple countries in a region to promote economic integration and trade facilitation. India’s Expanding FTA Network The India–Oman CEPA is part of India’s growing series of bilateral trade agreements aimed at improving market access and integrating with global supply chains. Recent milestones include the Comprehensive Economic and Trade Agreement with the United Kingdom and the 2024 pact with the European Free Trade Association (covering Switzerland, Norway, Iceland, and Liechtenstein). India has also secured key deals in the Indo-Pacific and Middle East, such as the ECTA with Australia and the CEPA with the United Arab Emirates, both signed in 2022. Building on this progress, India is negotiating with the European Union and the United States, reinforcing its path toward deeper global trade integration. Current India–Oman Trade Relations India and Oman already maintain a strong and growing trade relationship, providing a solid foundation for the CEPA. As of September 2025, India’s exports to Oman reached USD 515 million, while imports were USD 467 million, yielding a trade surplus of USD 47.3 million. Year-on-year, exports grew 30.7%, from USD 394 million to USD 515 million, and imports increased by 7.39%, reflecting steady commercial engagement. The trade portfolio is concentrated in energy and industrial goods. India’s top exports include petroleum products worth USD 303 million, iron and steel products at USD 24.3 million, and processed minerals at USD 23 million. This complementarity provides a robust base for future diversification and scaling under the CEPA. Sector-Specific Gains Under CEPA The agreement delivers significant advantages across sectors, particularly through wide-ranging access for Indian goods. Zero-duty access on 98.08% of Oman’s tariff lines, representing 99.38% of India’s exports by value, immediately enhances competitiveness and reduces costs for exporters. Labour-intensive sectors like textiles, leather, footwear, gems and jewellery, engineering goods, plastics, furniture, agricultural products, pharmaceuticals, medical devices, and automobiles will benefit from preferential treatment, fostering export growth and employment across MSMEs, artisan clusters, and women-led enterprises. For global companies sourcing or manufacturing in India, the agreement enhances the viability of India-based supply chains serving the Gulf region. Textiles, which constitute a large portion of India’s exports, are likely to gain from improved price competitiveness. More broadly, the CEPA supports India’s strategic aim of diversifying trade in West Asia and reducing reliance on traditional markets. Oman’s interest in emerging sectors such as food processing and space technology also opens avenues for long-term, high-value economic collaboration. The agreement also introduces predictability for trade and supply chain planning. Tariff concessions and reduced exposure to future barriers allow multinationals to make long-term decisions regarding regional hubs, procurement, and export-oriented production. With Oman’s strategic location and India’s manufacturing scale, the CEPA serves as a platform for regional market access, supply chain efficiency, and sustainable growth. Key Features of the India–Oman CEPA The agreement, signed in Muscat, offers mutually beneficial market access. Oman provides duty-free access on 98.08% of its tariff lines, covering 99.38% of India’s exports by value, while India liberalises 77.79% of its tariff lines, accounting for 94.81% of imports from Oman. This reciprocity increases trade predictability and reduces cross-border cost friction. Oman’s strategic location enhances the agreement’s value, acting as a gateway to the GCC, Eastern Europe, Central Asia, and Africa. Its existing FTA with the United States provides additional access advantages, making the CEPA relevant for multinational companies seeking diverse market opportunities through the India–Oman corridor. Commodities: Coverage and Exceptions Indian exporters benefit from near-complete tariff elimination in Oman, improving cost competitiveness and positioning India as a preferred sourcing base for Gulf markets. Multinationals can leverage India’s manufacturing and procurement capabilities to supply Oman and surrounding regions more efficiently. India has maintained a selective approach for certain sensitive products, either excluding them or phasing in tariff reductions. This approach safeguards domestic priorities while ensuring overall balance, giving companies clarity on import exposure and supply chain planning into India. Implications for Companies in Oman India liberalises tariffs on a substantial … Read more

As global companies reconsider where to allocate capital amid supply-chain realignments, geopolitical uncertainties, and tighter financial conditions, India continues to emerge as a resilient and strategically significant investment destination. Looking ahead to 2026, the outlook for foreign direct investment (FDI) in India is shaped not by a single sector or reform, but by the country’s broader positioning within global value chains. With FDI inflows reaching around USD 384 billion in the calendar year up to September 2025 and continuing to grow annually, India is increasingly viewed not only as a vast domestic market but also as a hub for regional operations, export-oriented manufacturing, and global services delivery. This article explores what the FDI landscape in India might look like in 2026, highlighting recent policy shifts, sectors poised for growth, and trade agreements influencing investor decisions. Why India’s FDI Proposition Remains Attractive India’s investment appeal has evolved over time. Earlier, narratives focused mainly on scale and cost advantages. Today, regulatory transparency, market access, and predictable long-term policy directions are equally significant to investors. Over the past year, the government has demonstrated a clear commitment to remaining competitive in attracting global capital. This includes selectively opening sensitive sectors, strengthening oversight where necessary, and leveraging trade agreements to enhance India’s integration with developed markets. For many international investors, this combination of openness and regulatory discipline is a compelling differentiator. Policy Developments Shaping the 2026 Outlook Expansion of the Insurance Sector A key development under scrutiny is the proposed increase in the foreign ownership limit in the insurance sector from 74% to 100%. Once implemented, this would allow foreign insurers to fully own their Indian operations, subject to domestic investment requirements and regulatory supervision. For investors, this is more about committing capital long-term than entering the market quickly. Given the capital-intensive nature of insurance, greater ownership flexibility makes India a more attractive destination for global insurers seeking to strengthen their presence rather than rely indefinitely on joint ventures. A Practical Shift in Investment Protection India has also begun revising its approach to investment treaties. Rather than applying a uniform framework across all agreements, future bilateral investment treaties are expected to be negotiated on a country-specific basis. This reflects a pragmatic approach, enabling India to tailor commitments according to strategic relationships while providing investors with greater assurance that treaty protections align with commercial realities rather than rigid templates. Foreign-Owned and Controlled Entities (FOCE) Framework Another significant change is the introduction of the FOCE framework. Essentially, Indian companies effectively controlled by foreign investors even through indirect or layered structures are now considered foreign-controlled for regulatory purposes. For multinational corporations, this has practical implications. Downstream investments, corporate restructuring, and internal share transfers may now trigger foreign investment rules that previously were assumed not to apply. While compliance obligations increase, the framework brings clarity by reducing interpretational ambiguities that historically caused uncertainty in transactions. Clarifying FDI-Prohibited Sectors In 2025, regulatory certainty improved with clarifications regarding FDI-restricted sectors. Authorities confirmed that companies in these sectors can issue bonus shares to existing foreign shareholders as long as overall ownership percentages remain unchanged. These clarifications, reinforced by amendments to FEMA rules, close a long-standing compliance gap and reduce the risk of retrospective scrutiny on legacy transactions. Simplified Capital Market Access via SWAGAT-FI For institutional and portfolio investors, SEBI’s SWAGAT-FI initiative is a notable advancement. From June 2026, eligible foreign investors can access Indian capital markets through a single-window digital onboarding system. By eliminating redundant registration and compliance steps, SWAGAT-FI is expected to enhance efficiency and accessibility, particularly for low-risk, long-term institutional capital. Sectors Likely to Draw the Most FDI in 2026 Businesses entering these high-growth sectors often require expert regulatory guidance and strategic structuring to ensure compliance from the outset. Working with a Company Registration consultant in India can help streamline approvals, documentation, and market entry with greater clarity and efficiency:  Services and Global Capability Centres Services continue to form the backbone of India’s FDI narrative. Global firms are expanding technology hubs, shared services centres, and R&D operations across Indian cities. The attractiveness lies not only in talent availability but also in India’s deepening integration with global services trade frameworks. New trade agreements enhancing data flow certainty, professional mobility, and IP protections are positioning India as a prime location for high-value services, moving beyond traditional back-office roles. Digital Consumption and Platform-Led Growth India’s digital economy now extends far beyond metropolitan areas. Rapid adoption of e-commerce, digital payments, and online services in smaller towns is significantly broadening the consumer base. For foreign investors, this opens opportunities not only in consumer-facing platforms but also across the supporting ecosystem, including logistics, fulfilment, fintech infrastructure, and data-driven services. Robust deal activity and public listings indicate continued confidence in this sector through 2026. Export-Oriented Manufacturing Manufacturing is becoming a central pillar of India’s FDI strategy. While domestic demand remains strong, the focus is increasingly on production for export. Incentives, infrastructure improvements, and tariff reductions under trade agreements are enhancing the economics of manufacturing for global markets. Sectors such as electronics, automotive components, chemicals, and industrial equipment are benefiting from this synergy between trade and investment policy. For many global manufacturers, India is now a key component of a “China-plus-one” or diversification strategy rather than a standalone investment. Trade Agreements Bolstering Investor Confidence India’s recent trade agreements play a subtle but significant role in shaping FDI flows. The India–EFTA Trade and Economic Partnership Agreement, for instance, includes long-term investment and job creation commitments. Similarly, the India–UK trade deal enhances access not only for goods but also for services and professionals, supporting cross-border business expansion. Together, these agreements improve predictability by clarifying market access, lowering tariff barriers, and aligning regulatory standards with those of developed economies. Compliance Remains Key Despite broadly investor-friendly policies, compliance continues to be critical. Sectoral caps, land-border restrictions, and approval requirements remain applicable in sensitive areas. Foreign investors must also stay vigilant regarding valuation rules, reporting timelines, and downstream investment obligations under FEMA. With regulatory scrutiny intensifying alongside liberalisation, careful planning and disciplined execution are … Read more

OECD overview The Organisation for Economic Co-operation and Development (OECD) works alongside governments, policymakers, stakeholders, and citizens to develop evidence-based international standards and respond to economic, social, and environmental challenges. Its work spans improving economic performance, reinforcing climate policy, strengthening education systems, and addressing international tax evasion and aggressive tax avoidance. 2025 Update approval and purpose On 19 November 2025, the OECD released and approved an update to the OECD Model Tax Convention on Income and on Capital (the “2025 Update”). This update offers detailed guidance on short-term cross-border remote working arrangements and introduces an alternative approach for taxing income derived from natural resource extraction. Overall, the update seeks to enhance tax certainty for both governments and businesses by clarifying how core treaty concepts apply in contemporary working models. OECD Model Tax Convention The OECD Model Tax Convention serves as a widely relied-upon reference framework for countries negotiating bilateral tax treaties. It supports cross-border business activity by: allocating taxing rights between jurisdictions, reducing the likelihood of double taxation, strengthening cooperation to address tax evasion and aggressive avoidance, and providing a consistent interpretive foundation for treaty concepts applied by tax authorities and courts. Key changes in the 2025 Update The 2025 Update introduces clarifications designed to reduce uncertainty in the application of treaty provisions, particularly those relating to Permanent Establishment (PE) under Article 5, in the context of cross-border remote working. It also adds a new alternative provision addressing the taxation of income connected with natural resource extraction (such as oil, gas, and minerals), reinforcing source-country taxing rights. This change is especially relevant for developing and resource-rich economies. Summary of notable clarifications Remote working: clearer guidance on how cross-border home office and similar arrangements are assessed for fixed place of business PE purposes. Natural resources: an alternative treaty provision aimed at strengthening taxing rights in the country where extraction activities take place. Other refinements: updates intended to improve consistency in treaty interpretation and enhance overall tax certainty. This article focuses on how the 2025 Update clarifies the Permanent Establishment concept for cross-border remote work under Article 5. Permanent Establishment guidance for cross-border remote work (Article 5) Cross-border working from home and “other relevant places” The Commentary on fixed place of business PE has been expanded through a dedicated set of new paragraphs explaining the application of Article 5 to cross-border remote working arrangements. The guidance covers remote work carried out from: an individual’s home, or an “other relevant place” (for example, a holiday rental, a second residence, or the home of a friend or relative). These locations share certain characteristics, including that they are generally not accessible to other personnel of the enterprise. Facts and circumstances remain the core test The assessment of PE must be grounded in the specific facts and circumstances applicable during the relevant period. It should not be determined based on assumptions derived from prior or future periods. Established treaty principles continue to apply, including: the interpretation of “fixed” (reflecting the required level of permanence), and the treatment of preparatory or auxiliary activities and applicable treaty exceptions. Not an automatic rule Remote working from an individual’s home does not, by itself, mean that a foreign enterprise has a Permanent Establishment in that country. The mere use of a home office for work purposes is insufficient on its own to regard the home as the enterprise’s place of business or as being at the enterprise’s disposal. Situations where a home office starts to look like a PE A home office may begin to resemble a fixed place of business PE where, based on the overall circumstances: the home is used on a regular and continuous basis for carrying on the enterprise’s business; and the enterprise has effectively required the individual to use that location (for example, where no office is provided despite the nature of the role clearly requiring one). Situations where a home office generally does not create a PE Where working from home is primarily driven by personal choice, is incidental, or occurs only occasionally, the home is typically not considered to be at the disposal of the enterprise. In addition, the activities performed from home are often preparatory or auxiliary in nature, which may further limit PE exposure under treaty exceptions. Practical time-based indicator (50% concept) The updated Commentary introduces a practical indicator based on the proportion of working time spent at a particular location. Below 50% of total working time A home or other relevant place will generally not be treated as a fixed place of business where the individual works from that location for less than 50% of their total working time. Measurement period and approach The 50% indicator is evaluated over any 12-month period beginning or ending within the fiscal year concerned. The analysis focuses on the individual’s actual conduct, rather than relying solely on formal contractual arrangements. 50% or more of total working time Where an individual spends 50% or more of their working time at home or another relevant place, the outcome depends on the specific facts and circumstances. A central factor is whether there is a commercial reason for the enterprise’s activities to be carried out by the individual in that country. In the absence of a commercial reason, the location should generally not be regarded as a place of business, unless other facts indicate otherwise. Commercial reason concept A commercial reason is generally present where the individual’s physical presence in the country (or the same geographic region) supports or facilitates the enterprise’s business. Examples include facilitation of: meetings with customers, development of a new customer base or identification of business opportunities, identification and management of suppliers and supplier contracts, real-time or near real-time interaction across time zones (for example, call centre services, virtual IT support, or medical services), access to business-relevant expertise, collaboration with other businesses, services requiring physical presence (such as on-site training or repair services at customer premises), and interaction with employees or other personnel of the enterprise (or associated enterprises). No automatic conclusion from … Read more

Authorized Signatory & its Eligibility Every Company registered under GST law is required to appoint an Authorized Signatory: An Authorized Signatory is an individual who is appointed as the official representative of the company (taxpayer) to act on its behalf in all GST matters. The responsibility is granted through a Board Resolution along with a Letter of Authorization from the company. Eligibility: Every company registered under GST is required to appoint an Authorized Signatory who is a resident of India. The person must hold a unique ID (PAN – Permanent Account Number) linked to their Aadhar card and active mobile number and possess a valid Digital Signature Certificate (DSC). The role is generally undertaken by a director or the Indian Nominee Director. Key Responsibilities of an Authorized Signatory The Authorized Signatory acts on behalf of the company and is responsible for: Filing monthly or quarterly GST returns using DSC and ensuring timely payment of GST liability. Responding to notices, queries, and communications from GST authorities. Ensuring overall GST compliance for the company. Consequences of non-compliance with GST provisions Non-compliance may lead to liabilities for both the company and the Authorized Signatory. The consequences include: Interest and Late Fees: For delays in tax payment or return filing. Monetary Penalties: For incorrect, incomplete, or fraudulent disclosures in GST returns. Personal Liability of Directors/Authorized Signatory: In cases of willful misstatement, fraud, or tax evasion, personal prosecution and penalties may apply. Cancellation of GST Registration: For persistent defaults or fraudulent activity. Legal Prosecution: For severe non-compliance such as intentional evasion, issuance of fake invoices, or suppression of turnover. Measures to mitigate GST compliance risks To reduce risks, companies should adopt the following measures: Engage Professional Service Provider Appoint a qualified GST consultant/service provider for monthly GST workings. Ensure accurate filing of GST returns and timely tax payments based on the Company¾s data. Restrict use of the Authorized Signatory¾s DSC strictly for compliance purposes. Measures to mitigate GST compliance risks To reduce risks, companies should adopt the following measures: Notice & Litigation Handling In case of GST notices seeking clarifications/documentation, engage service providers/legal experts to ensure timely response and compliance. Internal Controls & Oversight Maintain proper reconciliations (Books vs. GST Portal vs. GSTR-2B). Conduct quarterly GST compliance reviews to identify risks early. Authorized Signatory should maintain a document trail proving reliance on professional advice and diligence, to safeguard against personal liability Conclusion The role of an Authorized Signatory is central to maintaining accurate and timely GST compliance for any company operating in India. From filing returns to handling regulatory communication, this position carries both operational responsibility and potential legal accountability. Therefore, businesses must appoint a qualified individual and implement strong internal controls to minimise compliance risks.  Additionally, working with a trusted company registration consultant in India can help streamline GST processes, ensure regulatory adherence, and provide expert guidance, allowing businesses to operate smoothly and confidently within India’s tax framework.

Understanding SEZ Units SEZ Units are business entities established within designated Special Economic Zone areas. They are treated as foreign territory for the purpose of trade operations, duties, and tariffs under the SEZ Act, 2005, offering a regulated environment aimed at promoting exports. Home | Special Economic Zones in India India was one of the first in Asia to recognize the effectiveness of the Export Processing Zone (EPZ) model in promoting exports, Location of SEZ Units SEZ Units can be set up only within notified SEZ zones. These are specifically demarcated geographical areas approved by the Government of India, designed to provide a duty-free and business-friendly environment. Only government-approved SEZ zones are eligible for establishing SEZ Units, ensuring compliance with regulatory frameworks. Eligibility Criteria for SEZs Entities seeking to establish an SEZ Unit must ensure the following: Location Requirement Export Commitment Prior Approval Presence within the notified SEZ boundaries Commitment to export-oriented operations and maintenance of positive Net Foreign Exchange NFE Prior approval from the SEZ Board of Approval (BoA) Permitted Activities Investment Flexibility Standard Size Activities in permitted sectors (manufacturing, services, IT/ITES,trading, etc.) No prescribed minimum investment requirement For each SEZs, allotment is generally for plots of 1 acre or more. Sectoral Scope for SEZs SEZ Units can operate in a wide range of sectors including: Manufacturing Services Trading Information Technology (IT)/ Information Technology Enabled Services (ITES) Other Activities  Any other activity specifically allowed under the SEZ framework Approval Process The process to set up an SEZ Unit generally involves: Typical processing timeline: 132 months Identifying a suitable SEZ Preparing a comprehensive Submitting an online application in Form-F Review of the application by the SEZ BoA Ensuring the business activity generates minimal pollution Issuance of a Letter of Approval (LoA) by the Development Commissioner LoA is valid for 1 year for setting up the unit (extendable if required) Operational validity of 5 years (renewable) GST & Customs Duty Benefits SEZ Units are eligible for: SEZ units enjoy duty-free imports and domestic procurement for authorized operations, with exemptions from customs and excise duties on such procurements. Supplies to SEZ are treated as zero-rated, with no GST payable, and the Input Tax Credit can be claimed as a refund. Income Tax Benefits Earlier, SEZ Units enjoyed tax benefits under Section 10AA of the Income Tax Act, 1961: 1. First 5 Years 100% tax exemption on export income 2. Next 5 Years 50% tax exemption 3. Additional 5 Years 50% of profits reinvested (ploughed back) However, this benefit has been discontinued for new units set up on or after 1 April 2020. Foreign Direct Investment A 100% foreign direct investment (FDI) is allowed in SEZs. Operational Flexibility Boundary Compliance SEZ Units must operate strictly within the notified SEZ boundaries Single-Window Clearances They benefit from single-window clearances and well-developed infrastructure Subcontracting Subcontracting is permitted with prior approval from the Development Commissioner

Introduction With the rise in foreign direct investment (FDI) into India, there has been a corresponding increase in the incorporation of companies by overseas investors. This trend has led to a growing number of foreign nationals being appointed as directors, enabling parent companies to maintain strategic oversight and control over their Indian subsidiaries. While Indian law permits foreign nationals to serve as company directors, the appointment process includes several legal and procedural requirements. For foreign director appointments, companies must adhere to regulations concerning documentation, taxation,and statutory filings to ensure the appointment is valid and fully compliant. A clear understanding of these obligations is critical to enabling a smooth and legally sound onboarding process. Director roles that are available to foreign individuals in an Indian entity A foreign director can hold several positions in an Indian company, which include executive and non-executive roles, however, the appointment and role of the director should also be in line with the Companies Act 2013, namely Executive director: Director active in the day-to-day operation of the company. Non-executive director: Directors who do not participate in the day-to-day management of the company and are not involved in the executive functions. Independent director: An independent director is a non-executive director of a company who helps the company in improving corporate credibility and governance standards.The independent director should not be an executive director and should have relevant professional expertise, such as law, finance. Nominee director: Nominee directors are directors appointed by a specific class of shareholders, banks, or lending financial institutions Resident requirement: Every company shall have at least one director who stays in India for a total period of not less than one hundred and eighty-two days during the financial year. Provided that in case of a newly incorporated company the requirement under this sub-section shall apply proportionately at the end of the financial year in which it is incorporated. Foreign nationals can also be appointed to specific positions, such as women directors or directors representing small shareholders, where such appointments are legally required. Regulatory essentials Appointing a foreign national as a director of an Indian subsidiary involves compliance with several regulatory requirements under Indian law. Key considerations include obtaining a Director Identification Number (DIN), submitting the required documentation (such as a notarized and apostilled passport), and ensuring compliance with residency requirements, where applicable. In addition, tax implications and disclosures under the Foreign Exchange Management Act (FEMA) must be carefully addressed to ensure a fully compliant appointment process. Any foreign director earning income in India, whether in the form of salary, commission, or sitting fees, is required to comply with Indian tax laws and thus must obtain a PAN card by applying with the Income Tax department. If remuneration is paid or business expenses are reimbursed in India, the director may also need to open a local bank account, subject to Reserve Bank of India (RBI) guidelines. Prior Approval Requirement Beginning in April 2020, there have been significant changes for investors from countries that share a land border with India, such as Pakistan, Afghanistan, Bangladesh, China, Nepal, Bhutan, and Myanmar. These investors must now obtain approval from the Government of India and receive security clearance from the Ministry of Home Affairs before engaging in corporate activities like establishing a company, appointing directors, applying for Director Identification Numbers, conducting private placements, transferring shares, or pursuing mergers. This has direct implications for hiring a foreign director from any of these countries, as such an appointment would also necessitate obtaining the requisite government approval and security clearance before the director can be appointed, apply for a Director Identification Number (DIN), or participate in company operations. Additionally, this requirement extends not only to entities and investors from the aforementioned bordering nations but also to entities from other countries that have beneficiaries from these nations. Compliance requirements The appointment of a foreign director for an Indian entity is subject to legal and procedural steps to ensure compliance with the Companies Act 2013 and the Ministry of Corporate Affairs regulations. Digital Signature Certificate (DSC): DSC is the digital equivalent of a physical or paper certificate. The certificates serve as proof of identity of an individual, which is used for signing electronic documents on the MCA portal. A licensed Certifying Authority issues the digital signature. The Certifying Authority is a person who has been granted a license to issue a digital signature certificate. Director Identification number (DIN): DIN is a unique Director Identification Number allotted by the Central Government to any person intending to be a director or an existing director of a company. Whenever a return, an application, or any information related to a company is submitted to any regulatory authorities under any law, the director signing such return, application, or information will mention their DIN underneath their signature. Eligibility checks and legal declarations: The company must verify that the proposed director is not disqualified from appointment under the Companies Act 2013, which includes disqualification through insolvency, past criminal conviction, or noncompliance with legal filings. Directors must also submit Form DIR 2 (denoting consent to act as a director), Form DIR 8 (a declaration of eligibility), and Form MBP-1 (includes disclosure of interest in other entities, including Companies, LLP, and any other body corporate) Tax and remuneration compliance Income earned by foreign directors in India is taxable under the Income Tax Act, 1961. Companies are obligated to deduct tax at source (TDS) before making any such payments. The applicable tax rates depend on the director’s residency status and any relevant Double Taxation Avoidance Agreement (DTAA) provisions. All payments must comply with the Foreign Exchange Management Act (FEMA) and should be routed through authorized banking channels with proper documentation. If a foreign director provides services beyond their board responsibilities, such as acting in an independent consulting capacity, these services may attract Goods and Services Tax (GST). In such cases, GST may be payable under the reverse charge mechanism. Therefore, accurate classification of the director’s role is crucial for determining the correct tax treatment. … Read more

Introduction In 2025, India is placing a strong emphasis on workforce formalization and digital governance, introducing new rules and regulations surrounding employment. For both foreign and domestic employers, it is crucial to have a clear understanding of the complexities involved in hiring employees across various sectors, contract types, and legal jurisdictions. This knowledge is key to ensuring compliance with the evolving legal framework and maintaining long-term profitability in a dynamic business environment. A Comprehensive Overview of India’s Employment Law System Employers are required to adhere to a broad spectrum of labour laws at both the central and state levels, which cover areas such as wages, social security contributions, employee welfare, and workplace rights. For example, the Code on Wages, 2019, sets standards for minimum wages and payment practices, while the Maternity Benefit Act, 1961, outlines the paid leave entitlements for expecting mothers. In addition to these, employers must comply with the Employees’ Provident Funds and Miscellaneous Provisions Act, which mandates retirement benefits, and the Employees’ State Insurance Act, which governs health-related contributions like maternity benefits, medical benefits, disablement benefits, etc. Furthermore, employers must adhere to state-specific regulations, such as the Shops and Establishments Act, which outlines rules for working hours,leave entitlements, and closures, particularly for smaller businesses and establishments. Businesses must meet mandatory obligations for tax withholding and social security contributions for their employees. Under the Employee Provident Fund (EPF), employers are required to contribute 12% of an employee’s basic salary. Additionally, the Employees’ State Insurance (ESI) scheme mandates contributions from both the employer and employee, based on specific wage limits. Employers are also responsible for deducting tax at source (TDS) as per the Income Tax Act, 1961, depositing it with the tax authorities, and issuing annual tax statements to employees. Gratuity is payable to employees after five years of continuous service, and severance may apply in termination cases, depending on the terms of the contract and applicable laws. Classification of Employees under Indian Law The classification of employees under Indian law plays a key role in hiring decisions, as different categories are entitled to different rights and benefits. Workmen vs Non-Workmen The Industrial Disputes Act differentiates between workmen (those in non-supervisory, manual, technical, or clerical roles) and non-workmen (typically managerial or supervisory staff). This classification impacts various legal rights, including termination procedures, union formation, and grievance resolution. Full-Time, Part-Time, and Contract Workers Full-time employees are entitled to the full spectrum of statutory benefits such as paid leave, health insurance, and provident fund contributions. Part-time workers receive these benefits proportionally, based on their working hours and contributions. Contract workers, who are employed through third-party contractors, are entitled to basic labour protections, and employers must ensure that contractors adhere to proper wage and welfare standards. Establishing a Legal Entity in India Before hiring employees, businesses must first determine their mode of operation in India. They can do so by setting up their own legal entity For long-term operations, many foreign companies opt to establish a subsidiary in India, typically as a private or public limited company. This process involves securing several approvals and registrations, including: • Director Identification Number (DIN) • Digital Signature Certificate (DSC) • Approval of company name from the Registrar of Companies • Permanent Account Number (PAN) registration • Registration with the Employees’ Provident Fund Organization (EPFO) • Goods and Services Tax (GST) registration As part of basic compliance, every company must maintain essential documents such as the Certificate of Incorporation and the Memorandum of Association which should be kept at the registered office. In addition to the registered office, the company may keep such documents at any other place, provided it has been approved by the board of directors or the appropriate governing authority. Types of Employment Contracts in India India recognizes various types of employment contracts under its labour laws. Although written contracts are not legally mandatory, they are highly recommended and often required by statespecific regulations. Employers in India commonly use permanent, fixed-term, or temporary contracts Permanent contracts, the most prevalent type, do not specify an end date. Fixed-term contracts are time-bound but provide the same statutory benefits as permanent contracts. Temporary or contract workers are typically employed through third-party agencies under the Contract Labour (Regulation and Abolition) Act, 1970. Each employment agreement should clearly outline the roles, responsibilities, salary structure, notice periods, and mechanisms for dispute resolution. Hiring Foreign Nationals: Visa and Registration Process Hiring foreign employees on an employment visa in India requires employers to follow specific procedures and meet certain requirements. Foreign nationals seeking employment in India must obtain an employment visa, which is typically issued for one year and can be extended up to five years, depending on the job type and contract details. The visa is primarily available for managerial, executive, or highly skilled technical positions. To qualify, applicants must earn a minimum annual salary of US$25,000, although exceptions may be made for roles such as ethnic cooks, language teachers, or staff working for foreign diplomatic missions. Employees must submit a formal employment contract that details the job responsibilities, duration, and compensation in order to be qualified. Additionally, employers need to justify why a foreign worker is necessary for the position, showing that the required skills and experience cannot be found within the Indian workforce. This may involve demonstrating efforts to recruit qualified Indian candidates and explaining why they were unsuitable for the role. Foreign employees intending to stay in India for more than 180 days must register with the Foreigner Regional Registration Office (FRRO) within 14 days of arrival. Failure to comply with visa or registration regulations can result in penalties, including visa cancellation or deportation. By following these procedures, employers can ensure they meet legal requirements when hiring foreign nationals in India. Termination and Layoff In India, the termination of employment must adhere to both legal and contractual guidelines. For permanent employees, the notice period typically ranges from one to three months, depending on the terms of the employment contract and the state regulations. If the termination … Read more

Introduction Reserving a company name is a crucial first step in establishing a new business or registering a company in India. Entrepreneurs must conduct a thorough name search and verify the availability of their proposed name through the Ministry of Corporate Affairs (MCA). This is done using the RUN (Reserve Unique Name) service, which allows applicants to formally apply for name approval. Securing a unique and legally compliant name at the pre-incorporation stage helps prevent duplication and protects the name from being claimed by others, laying a solid foundation for the company’s identity and branding. Under the Companies Act, 2013, a company name can only be reserved as part of the incorporation process. It is not possible to reserve a name independently without registering the business with the Ministry of Corporate Affairs (MCA). For promoters who are not yet ready to commence operations, incorporating the company and maintaining it in a dormant status can be a practical option until the business is ready to launch. A distinctive company name establishes a clear legal identity under the Companies Act, 2013, and fosters a strong brand presence. It also ensures compliance with key statutes, including the Companies Incorporation Rules, 2014; the Trade Marks Act, 1999; and the Emblems and Names (Prevention of Improper Use) Act, 1950. By securing an exclusive name, the company minimizes the risk of legal challenges and enhances its market recognition. Overview of Company Name Reservation Options There are two primary approaches for reserving a company name: RUN (Reserve Unique Name) Web Service: Used for standalone name reservation (including name change for existing companies). SPICe+ Part A: Used for name reservation as part of the incorporation process for a proposed new company. RUN (Reserve Unique Name) Service RUN is a web service used for reserving a name for a new company it can also be used for changing its existing name. The web service helps you verify whether the name you’ve chosen for your company is unique. 1. Purpose Reserve a unique name for a new company or change the name of an existing company. Available for different company types: Private Limited, OPC, Section 8, IFSC, Unlimited, Nidhi, Producer Company. 2. Step-by-Step Filing Procedure Login to MCA Portal: Go to the MCA (Ministry of Corporate Affairs) portal and log in with your user credentials. Access RUN Web Service: Navigate to ‘MCA Services’ > ‘Company Services’ > ‘RUN (Reserve Unique Name)’. New Request: Select the entity type and purpose (new company/ name change). o Enter up to two proposed names (in order of preference) with proper suffix (e.g., Private Limited, Limited). Enter main objects of the proposed company in brief. Attach relevant supporting documents,such as NOC from existing companies/holders, if required. No need for a digital signature; only submit via MCA user account. Auto-Check: The system performs an automatic name validation. Submission: Pay the prescribed fee and submit the form. Processing: The Central Registration Centre (CRC) reviews the submission, usually within 2-3 working days. Outcome: If approved, the name is reserved for 20 days. Use the approval letter to proceed with incorporation. Documents Required for RUN Usually, no mandatory documents. But: If the name is similar to an existing trademark or company, NOC (No Objection Certificate) may be needed. Relevant supporting documents (if claiming the use of specific words, e.g., regulated industries) may be attached. Name reservation regulations According to the laws governing the RUN form, there are certain regulations pertaining to the reservation of the names. Some of these rules are as follows: The name stated should not be identical to the name of any existing company registered under the Companies Act 2013. The name chosen should not constitute an offence under any law and should not be undesirable in the opinion of the Central Government. The company name should not have any word or expression that is likely to give the impression that the company is in any way connected to the Government, central or state, when it is actually not connected to the government, unless approval from the respective government authority has been attained. SPICe+ (SPICe Plus) Form for Incorporation The SPICe+ form is divided into two parts Part A: Name reservation (can be filed alone or together with Part B). Part B: Full company incorporation and multiple mandatory registrations (DIN, PAN, TAN, GSTIN, EPFO, ESIC, PT, bank account). Step-by-Step Filing Procedure A. SPICe+ Part A (Name Reservation) Log in to the MCA portal, go to ‘MCA Services’ > ‘SPICe+’ Click on ‘New Application’ to start Part A. Enter company type, class, category, subcategory, main business division code (NIC code), and up to two proposed names. Use ‘Auto-Check’ for name validation and submit Part A for approval. Quick Reference Table: RUN vs SPICe+ (Part A) for Name Reservation Feature RUN (Reserve Unique Name) SPICe+ Part A For All companies (new/change name) New companies (incorporation) Digital Signature required? No Not for Part A, Yes for Part B Linked to incorporation? No (standalone) Yes (integrated with SPICe+ Part B) Approval time 1–3 days 1–3 days (same as RUN) Name reservation validity 20 days 20 days B. SPICe+ Part B (Incorporation & Allied Services) Accessible upon name approval (or simultaneously if Part A and B submitted together). Enter: Registered office address and proof Details of directors (with or without DIN) and first subscribers Capital structure (authorized/subscribed) Attachments as required (see below). Fill and submit linked forms (AGILE PRO-S for statutory registrations, eMOA & eAOA for bye-laws, INC-9 declaration, DIR-2). Download, sign using DSC (Digital Signature Certificate), and upload on MCA portal. Make payment; on successful processing, a Certificate of Incorporation (COI) is issued. Documents Required for SPICe+ Document Purpose/Notes Proof of identity (Directors/Subscribers) PAN card (mandatory for Indian nationals), Passport for NRI Proof of address (Directors/Subscribers) Aadhaar, Voter ID, Utility bill, Bank statement Proof of registered office Rental agreement/ownership deed and utility bill (≤2 months old) NOC from property owner If office premise is rented/leased DIR-2 (Consent to Act as Director) Mandatory for every director INC-9 (Declaration by Subscriber/First … Read more

Over the past several years, India has launched one of the most wide-ranging labour law reform programs in its post-Independence history. For many decades, employers operated within a highly fragmented legal structure marked by overlapping statutes, inconsistent terminology, varying State-specific rules, and disjointed compliance mechanisms. As business models advanced and employment arrangements became more diverse, this disjointed framework frequently led to operational ambiguity, significant administrative burden, and inconsistent worker protections. To address these persistent challenges, the Government of India introduced four integrated Labour Codes. These Codes create a unified regulatory framework aimed at simplifying compliance, expanding the reach of social security, and updating workplace standards. Collectively, they reflect a structural transition toward a more uniform, transparent, and business-friendly labour ecosystem. While full implementation remains pending due to incomplete Central and State-level rules, understanding the scope and direction of these reforms is essential, particularly for international investors and multinational organisations operating in India. This blog explains the four Labour Codes, key “Before vs After” changes, and practical employer responsibilities during the transition. The Four Labour Codes: India’s New Compliance Framework at a Glance India’s labour reforms have consolidated several legacy legislations into four overarching Codes, each addressing a core pillar of workforce regulation: Code on Wages, 2019 Governs minimum wages,timely wage payments, and a standardised definition of wages to reduce interpretational disputes. Industrial Relations Code, 2020 Covers trade unions, industrial disputes, retrenchment, closure, lay-off processes, standing orders, and dispute redressal mechanisms. Code on Social Security, 2020 Brings together laws relating to Provident Fund, ESIC, maternity benefits, gratuity, pension, and insurance, while expanding coverage to gig workers, platform workers, and emerging work categories. Occupational Safety, Health and Working Conditions Code, 2020 (OSHWC Code) Unifies safety, welfare, and working-condition obligations across factories, mines, plantations, contract labour, and other establishments. From Fragmented Rules to a Unified System: What’s Different Now In operational terms, the Labour Codes aim to simplify employer responsibilities relating to wages, social security, workplace safety, and industrial relations through clearer definitions and a unified compliance approach. The table below summarises the key shifts: Aspect Pre Labour Reforms Post Labour Reforms (after Labour Codes) Formalisation of Employment No mandatory appointment letters. Mandatory appointment letters for all workers. Written proof ensures transparency, job security and fixed employment. Social Security Coverage Limited social security coverage. Under the Code on Social Security, 2020, all workers, including gig and platform workers, are to get social security coverage. All workers will get PF, ESIC, insurance and other social security benefits. Minimum Wages Minimum wages applied only to scheduled industries/employments; large sections of workers remained uncovered. Under the Code on Wages, 2019, all workers receive a statutory right to minimum wage payment. Minimum wages and timely payment aim to ensure financial security. Preventive Healthcare No legal requirement for employers to provide free annual health check-ups to workers. Employers must provide all workers above 40 years with a free annual health check-up, promoting a culture of timely preventive healthcare. Timely Wages No mandatory compliance for employers regarding timely payment of wages. Mandatory for employers to provide timely wages, ensuring financial stability, reducing work stress and boosting overall morale of workers. Women’s Workforce Participation Women’s employment in night shifts and certain occupations was restricted. Women are permitted to work at night and in all types of work across all establishments, subject to their consent and required safety measures. Women get equal opportunities to earn higher incomes in high-paying roles. ESIC Coverage ESIC coverage limited to notified areas and specific industries; establishments with fewer than 10 employees were generally excluded; hazardous-process units did not have uniform mandatory ESIC coverage across India. ESIC coverage and benefits are extended pan-India:  voluntary for establishments with fewer than 10 employees and mandatory for establishments with even one employee engaged in hazardous processes. Social protection coverage is expanded to all workers. Compliance Burden Multiple registrations, licences and returns across various labour laws. Single registration, PAN-India single licence and single return. Processes are simplified and compliance burden is reduced. Who Benefits and How: Impact Across Worker Categories Below is an employer-focused overview of how the new framework extends and formalises protections across different categories of workers: Fixed-Term Employees (FTE) Entitled to benefits at par with permanent employees (leave, medical, and social security). Eligibility for gratuity reduced to one year (earlier five years). Encourages direct formal engagement instead of prolonged contractual arrangements. Contract Workers Principal employers are responsible for ensuring health and social security benefits. Mandatory annual health check-ups for workers. Greater fairness through reduced scope for exploitative contracting models. Women Workers Prohibition of gender-based discrimination and equal pay for equal work. Permission to work night shifts with appropriate safety arrangements. Mandatory representation in internal grievance committees. Expanded family definitions for dependent coverage, including parents-in-law in applicable cases. Youth Workers Guaranteed statutory minimum wages. Mandatory appointment letters to formalise employment history. Wages payable during approved leave periods. Alignment with the national floor wage framework. Audio-Visual & Digital Media Workers Inclusion of digital journalists, stunt professionals, dubbing artists, and similar roles. Mandatory appointment letters specifying duties and wages. Timely wage payments and double-rate overtime subject to consent. MSME Workers Social security access linked to employee threshold. Entitlement to minimum wages, regulated working hours, double overtime, and essential workplace facilities. Improved protections within small and medium enterprises. Textile & Migrant Workers Equal wages and welfare benefits for migrant workers. Portability of public distribution system (PDS) benefits. Ability to raise wage and benefit claims for up to three years. Mandatory double wages for overtime work. IT & ITES Workers Salaries to be paid by the 7th of each month. Stronger focus on equal pay, workplace safety for women, and structured dispute resolution. Mandatory social security coverage and formal employment documentation.  Beyond Wages and Benefits: System-Wide Reforms to Track In addition to category-specific changes, the Labour Codes bring in several system-wide reforms that impact most employers: Introduction of a National Floor Wage to maintain minimum living standards. Gender-neutral employment opportunities, including explicit protections for transgender employees. Shift to an Inspector-cum-Facilitator model combining guidance with enforcement. Faster dispute resolution via two-member Industrial Tribunals. Single registration, licence, and return framework (subject to full implementation). Creation of a National OSH Board for harmonised safety standards. Mandatory safety committees in establishments with 500 or more workers. Revised factory threshold limits to ease compliance for micro units while maintaining safety requirements. Industrial Relations … Read more