Introduction
Business and investment environment

The year 1991 was a watershed year in the economic history of the Republic of India, when the country initiated its liberalization and economic reforms programme under the New Industrial Policy of 1991. Since then, the economic reforms initiated in 1991 have grown in scope and scale and yielded increasingly salutary dividends. The industrial policy reforms have substantially reduced industrial licensing requirements, removed restrictions on expansion and facilitated easy access to foreign technology and foreign direct investment.

India’s steady economic liberalization and its embrace of the global economy have been key factors in attracting foreign direct investment. Today, India has probably one of the most open and liberal investment regimes among the emerging economies. The Special Economic Zones Act 2005 provides an internationally competitive and comfortable environment in which to manufacture and/or provide services for export out of India. As per data from the International Monetary Fund, India’s gross domestic product (GDP) in terms of purchasing power parity stood at USD 4.46 trillion in 2011, marginally higher than Japan’s USD 4.44 trillion, making it the third biggest economy after the United States and China.

India’s steady economic liberalization and its embrace of the global economy have been key factors in attracting foreign direct investment. Today, India has probably one of the most open and liberal investment regimes among the emerging economies. The Special Economic Zones Act 2005 provides an internationally competitive and comfortable environment in which to manufacture and/or provide services for export out of India. As per data from the International Monetary Fund, India’s gross domestic product (GDP) in terms of purchasing power parity stood at USD 4.46 trillion in 2011, marginally higher than Japan’s USD 4.44 trillion, making it the third biggest economy after the United States and China.

India is a member of the WTO (World Trade Organization), SAARC (South Asian Association for Regional Co-operation) and BIMSTEC (Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation).

Regulatory framework:

The legal framework for business organizations is based mainly on English common law. Companies in India are regulated by the Indian Companies Act 2013 (CA 2013).

The CA 2013, which replaces the Companies Act of 1956, was passed in the Rajya Sabha on 8 August 2013 (during the monsoon session of the parliament), and the president gave his assent on 29 August 2013. As of now only 100 sections of the 2013 Act have been brought into force. On 14 December 2016, the Ministry of Corporate Affairs issued a notification (Notification No. G.S.R. 1134(E)) to bring the following into effect from 15 December 2016:

  • reduction of capital and variation of shareholders right and notification of the National Company Law Tribunal (Procedure for Reduction of Share Capital of Company) Rules, 2016; and
  • procedure relating to Compromise, Arrangements and Amalgamation and notification of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016. Further, on 15 November 2016, the Ministry of Corporate Affairs vide notification S.O. 3453(E) brought into force the Insolvency and Bankruptcy Code, 2016 and accordingly, amended the CA 2013 to that extent. The CA 2013 stipulates enhanced self-regulation coupled with an emphasis on corporate democracy and provides for, among others, business-friendly corporate regulation and pro-business initiatives, e-governance initiatives, good corporate governance, corporate social responsibility, enhanced disclosure norms, enhanced accountability of management, stricter enforcement, audit accountability, protection for minority shareholders, investor protection and activism and a better framework for insolvency regulation and institutional structure. The financial sector is legislated mainly by the Banking Regulation Act 1949 as amended by the Banking Laws Amendment Act 2012, the Securities and Exchange Board of India Act 1992 as amended by the Securities and Exchange Board of India (Amendment) Act 2013, and the Securities Contracts (Regulation) Act 1956 as amended by the Securities Contracts (Amendment) Act 2007. The Indian Contract Act 1872 is another important law which regulates business transactions. The Reserve Bank of India (the central bank) and the Securities and Exchange Board of India (the capital market regulator) are the two primary regulatory bodies monitoring and supervising the financial sector. The 23 stock exchanges of the country also carry out some regulatory activities. The financial sector is undergoing its own programme of reform, in accordance with a report prepared by the Narasimham Committee. The Ministry of Finance has also expressed its intent to move towards a single super regulator for the financial sector.

  • Other important sectoral regulators are:
    • telecommunications: Telecom Regulatory Authority of India;
    • insurance: Insurance Regulatory and Development Authority; and
    • power: Central Electricity Regulatory Commission.

    Forms of Buisness Corporate Restructuring Corporate Immigration and Emigration Foreign Investment Investment Restrictions Investment Incentives Investment Guarantee and Protection Economic and Trade Agreements