regulatory services - nangia andersen

Regulatory Services

Regulatory Products | 1


Regulatory ServicesThe Indian Regulatory Landscape is continuously evolving. The Government of India is committed to introduce business friendly statutory policies in order to bring additional clarity on legislator's intent & objectives, in an overall effort to promote Ease of Doing Business in India. The Government has also been demonstrating its voracious desire to streamline procedures and policies at both Central and State administrative levels India in some ways and is now beginning to appear more than ever determined to achieve its ambitious $5 Trillion Economy Goal. The ongoing pandemic has put a spanner to the works. However, green shoots, such as uptick in the manufacturing and services Purchasing Managers Index (‘PMI’), indicate that the Indian Economy may have begun its steady march in the right direction after the Covid-19 shock.

While on one hand, India is going through this phase of unprecedented economic liberation, opening its vast industrial and consumer base to foreign corporates, on the other hand, the Country still continues to be considered as a notoriously difficult place to start and do business, at least for the time being. Statistically, India finds itself ranked at a dismal 136th spot in a list of 190 member nations in the latest World Bank report issued for Ease of Starting New businesses.

Traversing the diverse and complicated set of Central/ State legislative regulations and practices can therefore be a daunting task for any outsider. Having local help on-board for identifying, deci-phering and thus navigating the cross-functional maze of regulatory clearances and procedures can truly make the difference to the success of your vision.

In order to absorb the Covid-19 induced shock and make India a global supply chain hub, the Government has proposed to incentivise private investments in identified sectors by offering fiscal stimulus as part of the ‘Atmanirbhar Bharat’ initiative.

Nangia Andersen LLP’s dedicated Regulatory Services practice has been working in the areas of Exchange Control Regulations, Foreign Direct Investment Policy, Corporate & Secretarial Laws, Sector Specific Fiscal Incentives and Sectoral Regulations for more than 15 years now.

Our specialist team has the aptitude to cater to your needs in the regulatory space across sectors and geographies

The team works closely with both Foreign and Domestic clients to understand their objectives and challenges to offer them customisedsolutions. We have a dedicated professional team comprising of Chartered Accountants, Lawyers, MBAs and Company Secretaries to deal with needs of players across sectors such asManufacturing, Retail Trading, Telecom,Pharmaceuticals, Oil & Gas, Non-ProfitFoundations, Start-ups, Non-banking financial companies, Fintechs, IT etc.


Nangia Andersen LLP has a dedicated full service Regulatory Practice offering

marquee services in the following areas:

Regulatory Products | 6Regulatory Products | 4

01Exchange Control Advisory

(FEMA & FDI Policy)

02Entity Set-up & Closure/

Liquidation Support

03Statutory Registrations

and Operational Licenses – Advisory and Implementation

Support & Statutory Registrations

04Statutory Registrations

05Company Secretarial

Support and ComplianceManagement

06Incentivised Registrations

& Advisory Support

07Agreement Review and

Corporate Policy Drafting

08Health Check &

Representation Services (Compounding Matters)


1. Exchange Control Advisory (FEMA & FDI Policy) Providing advisory services for all types of

foreign exchange transactions viz., current account and capital account transactions, high lighting issues, consequences and advise on suitable course of actions within the appli cable regulatory framework

To foreign nationals desirous to set up Indian legal entities across sectors whether under the Government approval or the automatic approval route

In relation to Setting up legal structures in India based on review of Foreign Direct Invest ment Policy in sectors such as E-commerce (marketplace), Retail, Non-Banking Financial Services, Fintech, Pharma, Telecom Services, Social Sector (Non-Profit Foundations)

To foreign corpo rates desirous to set up extension offices of the Foreign Companies in India as Branch/ Project/ Liaison or Representative office

In relation to Foreign Exchange Trade (Import and Export of Goods and Services)

For analyzing funding options such equity, CCD, CCPS, NCD, Masala Bonds, preference shares, ECB etc.

In relation to foreign national (expatriates) working in India on issues relating to investment in immovable properties, shares, types of bank accounts and repatriation etc.

On foreign exchange regulations in respect of overseas investments by Indian corporates under the Overseas Direct Investment regulations


Providing complete hand holding support for Incorporating a Private Limited company, Non-Profit Company (Section 8 – Charitable Company), Public Company, Limited Liability Partnership, Society, Trust etc.


2. Entity Set-Up & Closure/ Liquidation Support

Assistance in setting up (nodal/ multiple) and closing down assistance for foreigncompany’s extension office in India in the form of a Project/ Liaison/ Branch Office under both automatic and approval route

Winding up Indian company/ LLP through striking off under fast track exit scheme or liquidation/ revival, as the case may be

3. Statutory Registrations and Operational Licenses – Advisory and Implementation Support & Statutory RegistrationsOnce you have finalized the India Entry Strategy, our team of professionals can guide you on the operational and statutory lenience/ registration requirements to the identified sector/ activity. This shall include advisory on central/ state registration requirements such as:

Obtaining approvals from DPIIT for foreign investments under the Government Approval Route

Obtaining licenses from the Department of Telecommunications for licensed Telecom services such as ISP, IP-1 registrations and OSP registrations and advising on telecom regulations

Obtaining the registrations/ permissions from the Reserve Bank of India with respect to any of the following:

To operate as a Non-Banking Financial Company To Act as a Collection Agent To Operate as a Payment System in the form of a pre-paid wallet, cross border Money Transfer Scheme (Inbound)

Obtaining license for import and/ or manufacture of drugs and/ or cosmetics/ medical devices under the Drugs and Cosmetics Act, 1940

Obtaining approvals from Ministry of Information and Broadcasting for publication/ printing of Scientific and Technical Magazines/ Specialty journals/ periodicalsperiodicals

Assistance in Setting up Non-Profit Foundations and obtaining prior permissions, registrations and clearances from the Ministry of Home Affairs for receipt of foreign contributions / donations under the Foreign Contribution Regulation Act, 2010 and related rules

Obtaining registrations to act as Food Business Operator under FSSAI along with other relevant registrations

Assistance in obtaining registrations under the Legal Metrology Act, 2009 and associated rules for import, manufacture and/ or sale of pre-packaged commodities

Registering units of an Indian company as an SEZ Unit/ STPI and assist in obtaining approval from Unit Approval Committee/ SEZ Board of Approval, as the case may be

Registration of MSMEs with Udyam Registration under MSMED Act, 2006

Trademark registrations under Trade Marks Act, 1999



4. Statutory Registrations

Factory Registration License

Advising on various legal and procedural requirements to set up or acquisition of a factory unit in India and implementation support assistance for Obtaining Factory License including support for obtaining Environment clearance certificate from the State Pollution Control Board and No objection certificate from the Fire Services Department

Labour Law

Assistance in Registering Indian company for the purposes of obtaining Provident Fund code for under the Employees’ Provident Funds and Miscellaneous Provident Act, 1952

Assistance in Registering Indian company for the purposes of obtaining ESIC code as per Employees’ State Insurance Act, 1948

Assistance in Registering Indian company for the purposes of obtaining Professional Tax code, if applicable, as per relevant local state regulations

Assistance in Registering Indian company for the purposes of obtaining Registration under Labour Welfare Fund, if applicable

Assistance in Registering under the relevant State Shops and Establishment (for regulation of Employment and Conditions of service)


5. Company Secretarial Support and Compliance Management

Company Secretarial Support

Assistance in preparation, updation and maintenance of Statutory records including all Statutory Registers, Minutes Book

Assistance in providing complete support for conducting and managing board, committee and general meetings in compliance with Secretarial Standards

Assistance in providing support for review, understanding and monitoring Directors’ Responsibilities

Assistance in providing legal drafting services with respect to designing/ altering Memorandum, Articles, Notices, Resolutions, Reports etc.

Compliance Management

Designing a legal Compliance Framework for Companies to ensure compliances under applicable laws

Assistance in proving a detailed compliance calendar setting out a list of applicable standard compliances along with legal provisions including submissions dates and procedures for filing

Assistance in Preparation and filings of Annual Report, Annual Return with RoC (both XBRL and non-XBRL mode)

Assistance in undertaking Compliances for key corporate actions

Assistance in compliance with Statutory filings under Companies Act 2013 – both periodical and event based (such as Issue of Securities through Rights/ Preferential allotment, Transfer of shares, ECB) compliances and returns

Assistance in compliance with Statutory filings under FEMA – both periodical and event based (such as Issue of Securities, Transfer of shares, ECB, Overseas Investment reporting) compliances and returns

6. Agreement Review and Corporate Policy Drafting

Assistance in review and finalizing of Legal Agreements such as:

Partnership deed, Trust deed, LLP Agreement etc

Term Sheet, Agreement for Share purchase / Share transfer etc.

Services Agreement

Loan / Debenture Agreement (ECB)

Assistance in Drafting/ review of statutory policies such as:

Risk Management Policy

Prevention of Sexual Harassment (POSH) Policy

Corporate Social Responsibility (CSR) Policy

Vigil Mechanism/ Whistle Blower policy


Health check support

Conducting a health check on the regulatory framework relevant to the Company’s key operational activities. Our deep dive review shall provide an overview of the compliance status of the Company under relevant operational laws and help identify gaps to be filled

Representation Support (refer below)

We provide assistance for representing clients before Government Authorities and Departments such as Department for Promotion of Industry and Internal Trade, Enforcement Directorate, Reserve Bank of India, Ministry of Corporate Affairs,, Sub Divisional Magistrate and Sectoral Regulators such as Department of Telecommunications, Ministry of Information and Broadcasting, etc. for matters such as:

Obtaining prior and post approval (Regularisation) for undertaking specific transaction

Compounding matters connected with above (due to non- compliance with legal provisions, delays etc.)

Representing client before Regulators towards service of any show-cause Notice etc.

Representation for seeking clarifications/ exemptions / permissions


7. Health Check & Representation Services (Compounding Matters)


8. Incentivised Registrations & Advisory Support

Obtaining approval and disbursements under incentive schemes under Central Government

Obtaining approval from Central and State Governments under incentive schemes (MSIPS, PLI and SPECS) to encourage manufacturing of eligible products such as electronics, bulk drugs and medical devices

Subsequent to approval, we also assist in obtaining disbursement from the Government under respective scheme(s)

Start-up Scheme

Advisory Support services in relation to eligibility of the Indian Company for registration and recognition as an Eligible Start-up under the Start-up Scheme of the Government of India

Assistance in Obtaining Registration, Recognition and exemption benefits under the Income Tax Act as an Eligible Start up

Analysing State Investment Policies

Assistance in identifying broad parameters of comparison and analyzing benefits available under select regional states for Investment in Manufacturing projects

Implementation Support including assistance in negotiation support and finalization of terms of the Memorandum of Understanding between State and Investor and providing assistance for obtaining clearances under the Single Window Scheme


Our Regulatory Services Team

Nischal S Arora

DirectorNangia Andersen India Pvt. Ltd. [email protected] +91 85100 10430 +91-0120-5123000Delhi-NCR

Sumit Naib

Associate DirectorNangia Andersen India Pvt. Ltd. [email protected] +91 96501 38881 +91-0120-5123000Delhi-NCR

Mayank P Arora

Associate DirectorNangia Andersen India Pvt. Ltd. [email protected]

+91 98201 88791 +91-0120-5123000Delhi-NCR

DELHI(Registered Office)B-27, Soami Nagar,New Delhi-110017, IndiaT: +91 120 2598000

MUMBAI11th Floor, B Wing, PeninsulaBusiness Park, Ganpatrao Kadam Marg, Lower Parel, Mumbai400013, India | T: +91 22 61737000

BENGALURUEmbassy Square, #306, 3rd Floor, 148 Infantry RoadBengaluru, Karnataka 560001T: +91-80-2228-0999

DEHRADUNFirst Floor, “IDA” 46 E. C. Road,Dehradun – 248001, UttarakhandT: +91 135 271 6300/301/302/303

Our Locations

NOIDA(Delhi NCR - Corporate Office) A-109, Sector 136,Noida - 201304T: +91 120 5123000

GURUGRAM812-814, Tower B, Emaar DigitalGreens Sector 61, Gurugram,Haryana, 122102T: +0124-4301551/1552/1554

CHENNAIPrestige Palladium Bayan, Level 5, 129-140, Greams Road, ThousandLights, Chennai 600006T: +91 44 4654 9201

PUNEOffice number 3, 1st Floor, Aditya Centeegra, Fergusson College Road,Next to Mantri House,Pune - 411004

www.nangia-andersen.com | [email protected]

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