Corporate & Commercial-India FAQs
- Do you handle cross-border M&A transactions involving India?
Yes. ATB Legal regularly advises on transactions where either the acquirer or the target has connections across India, the UAE, Europe, or other jurisdictions. The team supports clients on FEMA compliance, FDI pricing guidelines, CCI filings where required, and the coordination of multi-jurisdictional due diligence. The firm’s dual India-UAE presence is particularly relevant for GCC-based acquirers entering India and for European companies routing investments through UAE holding structures.
- What entity structures are available to foreign companies entering India?
Foreign businesses can enter India through a wholly owned subsidiary (WOS) incorporated as a private limited company, a limited liability partnership (LLP), a branch office, a liaison office, or a project office. Each structure carries different implications for FDI approval routes, repatriation of profits, liability exposure, and operational scope. ATB Legal advises on the optimal structure based on the client’s sector, investment size, and long-term India objectives.
- What FDI approvals are required to invest in India?
Most sectors allow FDI under the automatic route — no prior government approval is required, and the investor notifies the Reserve Bank of India (RBI) after the investment. Certain sectors — including defence, media, telecommunications, and financial services — require prior approval from the relevant ministry under the government approval route administered by DPIIT. ATB Legal advises on which route applies, prepares the necessary filings, and manages the regulatory interface throughout.
- How long does company incorporation typically take in India?
A straightforward private limited company incorporation through the MCA portal typically takes two to four weeks from submission of complete documentation, subject to ROC processing times. An LLP is broadly comparable. Structures requiring RBI approval or sector-specific licences take longer. ATB Legal manages the complete incorporation process and maintains working relationships with relevant authorities to minimise delays.
- What is the first step in structuring a business acquisition in India?
The first step is a structuring assessment: understanding the target entity’s type, the applicable FDI route and pricing framework, any CCI notification thresholds, and the most efficient acquisition vehicle. ATB Legal conducts this assessment before any transaction documentation is prepared, ensuring the structure is commercially and regulatorily sound before commitments are made.