Ahlawat & Associates

  Foreign investment rarely enters India in a single straight line. A foreign investor often funds an Indian company, and that Indian company then invests further into other Indian entities. That second-level investment is a downstream investment, and it carries its own set of obligations under Indian exchange control law. Investors who treat it as a purely domestic transaction frequently get it wrong. This article explains what a downstream investment is, when an Indian company becomes a foreign owned or controlled company, and the specific compliance, pricing and reporting duties that follow. What is downstream investment? A downstream investment is an investment made by an Indian entity, which has itself received foreign investment, into the equity instruments or capital of another Indian entity. It is governed by Rule 23 of the Foreign Exchange Management (Non-Debt Instruments) Rules, 2019, made under the Foreign Exchange Management Act, 1999 . The concept matters because of on...

   In order to provide major impetus to employment and job creation in India, the government liberalized its foreign direct investment strategy in June 2016. Changes introduced in the policy include an increase in sectoral caps, bringing more activities under automatic route and easing of conditionalities for foreign investment. These amendments seeked to further simplify the regulations governing FDI in the country and make India an attractive destination for foreign investors. These reforms have largely remained in place through 2026, with a few further relaxations. Below we summarize the original 2016 changes (many of which remain relevant) and highlight major updates through 2026.  Food Products and Retail Trade In 2016, it was decided to permit 100% FDI under government approval route for trading, including through e-commerce , in respect of food products manufactured or produced in India. The government has continued to allow 100% FDI (under government approval) in...

  Starting a business in India means turning a commercial idea into a legally recognised, compliant and operational venture. From validating the concept and choosing a structure, to registering the entity, securing the right licences, arranging funding and meeting ongoing tax and labour obligations. India is now one of the world’s most active entrepreneurial ecosystems, drawing record foreign investment and supported by digital-first reforms such as Startup India, Make in India and the streamlined Ministry of Corporate Affairs (MCA) portal. The difference between a venture that scales and one that stalls usually comes down to how carefully the founder handles the legal and regulatory groundwork. In this article we focus exactly on the groundwork. The legal requirements for starting a business in India, the licences and registrations you cannot skip, the realistic costs and timelines, your funding options and the compliance calendar. If you want a deeper look specifically at how t...

  In a world where businesses have shifted their weight significantly to the digital platform, online trademark infringement in India has become one of the most significant legal issues. The threat is broad and evolving, this includes counterfeit listings on major marketplaces, domain name squatting, and social media impersonation. For Indian companies, understanding this threat and developing a strong strategy is no more an option but a business imperative. Understand Online Trademark Infringement in India Trademark infringement occurs when an unauthorised party uses an identical or deceptively similar mark to a registered trademark which causes confusion in the minds of consumers. In the era of digital economy, it takes many forms like counterfeit products being listed on online shopping platforms, deceptively similar-sounding domain names are registered, fake social accounts impersonating official brands are created, online advertising is done using a competitor’s trademark, and...