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Overview

THE REGULATORY ENVIRONMENT

India’s regulatory landscape is characterized by a mix of economic, financial, environmental, and labor regulations. The economy is overseen by policies governing foreign direct investment, competition, and sector-specific guidelines, with the Reserve Bank of India and the Securities and Exchange Board of India playing key roles in financial regulation. While corporate governance is regulated under the Companies Act, the labor market is governed by both State and Central laws.

India’s regulatory landscape is characterized by a mix of economic, financial, environmental, and labor regulations. The economy is overseen by policies governing foreign direct investment, competition, and sector-specific guidelines, with the Reserve Bank of India and the Securities and Exchange Board of India playing key roles in financial regulation. While corporate governance is regulated under the Companies Act, the labor market is governed by both State and Central laws.

Where tax is concerned, compliances can be challenging due to the intricate nature of direct and indirect tax laws.Environmental laws, such as the Environment Protection Act, aim to sustainably manage resources and control pollution whereas data protection is an evolving area with corporate India gearing up to comply with the DPDP Act.

Staying abreast of India’s constantly evolving regulations remains an essential aspect for businesses to ensure compliance and smooth operation.

WHAT WE DO?

With in-depth experience across practices and sectors, ELP’s regulatory practice brings to the table a business-minded approach within the framework of the law. We engage and collaborate with governments, regulators, legislators, businesses and industry associations to achieve positive and sustainable long-term conditions.

With in-depth experience across practices and sectors, ELP’s regulatory practice brings to the table a business-minded approach within the framework of the law. We engage and collaborate with governments, regulators, legislators, businesses and industry associations to achieve positive and sustainable long-term conditions.

On the representation front the ELP team regularly makes representations on behalf of corporates and industry associations across various ministries.

ELP aids multinational corporations to strategically navigate their entry into the Indian market. Our expertise is deeply rooted in offering comprehensive guidance to clients as they embark on establishing their businesses within India. Beyond conventional advisory, we assist in shaping optimal operational frameworks that seamlessly align with the Make in India initiative’s principles.

On the global scale, ELP is assisting several stakeholders such as governments and Fortune 500 companies in negotiating various chapters of the FTA in order to ensure sustainable market access. 

ELP has also routinely been sought by the Government of India for advisory and assistance on several matters, including representing the GoI at the WTO.

Services

Representation / Policy Initiatives  

The ELP team regularly makes representations on behalf of corporates and industry associations to: 

  • Ministry of Finance, Government of India 
  • Ministry of Commerce & Industry, Government of India 
  • Ministry of the New and Renewable Energy, Government of India 
  • Central Board of Indirect Taxes & Customs 
  • Central Board of Direct Taxes 
  • Ministry of Ports, Shipping & Waterways 
  • Directorate General of Foreign Trade 

Assistance to the Government of India  

Teams across ELP have routinely been sought by the Government of India for advisory and assistance on several matters. Notably, ELP was honored to be selected by the National Investment Promotion and Facilitation Agency of India for its prestigious ‘Invest India’ flagship program. 

The team regularly advises the Ministry of Commerce on non-tariff trade barriers during bilateral engagements. These engagements encompass significant trade relationships such as Indo-EU, Indo-Japan, Indo-Korea, Indo-EFTA, and India-BIMSTEC FTAs. Additionally, our contributions extend to aiding the government in formulating strategies concerning Market Access and Domestic Regulation within the context of Goods and Services negotiations at the WTO. We also work towards identifying  non-tariff barriers that impact trade within Free Trade Agreements. 

Further, our tax experts have actively participated in the Expert Committee established by the Ministry of Finance. This committee’s focus lies in the rationalization of the tax structure within the Gems and Jewellery Industry in India. 

Make in India initiatives  

ELP aids multinational corporations to strategically navigate their entry into the Indian market. Our expertise is deeply rooted in offering comprehensive guidance to clients as they embark on establishing their businesses within India. Beyond conventional advisory, we assist in shaping optimal operational frameworks that seamlessly align with the Make in India initiative’s principles. 

Furthermore, our commitment extends to assisting clients in fully leveraging central and state incentives, thereby ensuring they harness the complete spectrum of advantages available for local manufacturing and investment endeavors. In tandem with these efforts, we also provide invaluable support throughout the tendering process. This includes facilitating interactions with regulatory bodies to seek clarifications and presenting policy representations that effectively address industry-specific concerns. 

We also offer support to foreign investors as they navigate India’s intricate dispute resolution landscape, ensuring a confident journey through the complexities it entails. 

Negotiating FTAs 

With India executing various Free Trade Agreements (FTAs), ELP is assisting several stakeholders such as governments and Fortune 500 companies in negotiating various chapters of the FTA in order to ensure sustainable market access. 

Litigation Support 

Bolstered by a strong litigation presence nationwide, ELP stands out in delivering unwavering litigation support. Our adept representation guides clients through adversarial legal proceedings, skillfully navigating sector regulators, quasi-judicial authorities, commissions, and tribunals. 

Thought Leadership

Alerts & Updates 17th Jul 2024

Pharmaceutical Regulations: A move towards greater transparency and accountability

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Articles 11th Jul 2024

BNS – Speedy Justice or Colonial Rollover?

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News & Media 9th Jul 2024

India’s new criminal codes: What they mean for businesses

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News & Media 1st Jul 2024

New criminal laws prioritise victims, upgrade definitions of crime, push for digitising criminal justice system

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Alerts & Updates 28th Jun 2024

Self-Declaration Requirement for Advertisers and Advertising Agencies

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News & Media 25th Jun 2024

Misleading Ads: Ambiguous Self-Declaration Rules Leave Advertisers in Compliance Limbo

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News & Media 25th Jun 2024

MC Exclusive: FSSAI calls for strict compliance of food safety protocols after alarming contamination reports

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News & Media 24th Jun 2024

Curbing Misleading Advertisements

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Recent Matters

Regulatory & Compliance

ELP has made several representations, on behalf of foreign governments as well as multinational companies who trade with India. This...
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ELP has made several representations, on behalf of foreign governments as well as multinational companies who trade with India. This is with the intent to address the non-tariff barriers such as standards and other licensing issues – in strategic sectors including chemicals, steel, automotive and technology. ELP facilitates the stakeholders to find ways to address these issues mutually between Government to Government.
Regulatory & Compliance

Successfully represented the Gem & Jewellery Export Promotion Council (GJEPC) in reducing the GST rate on diamonds.

Successfully represented the Gem & Jewellery Export Promotion Council (GJEPC) in reducing the GST rate on diamonds.
Regulatory & Compliance

Advised a local association in formulating its strategy to address the definition of Indian whisky at the World Customs Organization...
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Advised a local association in formulating its strategy to address the definition of Indian whisky at the World Customs Organization and through bilateral negotiations with the EU.
Regulatory & Compliance

Advocacy and representation on behalf of international and domestic companies for acquisition of BIS certification in India.

Advocacy and representation on behalf of international and domestic companies for acquisition of BIS certification in India.
Regulatory & Compliance

Representations to the GST authorities on behalf of various builders and real estate developers across the country on the issue...
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Representations to the GST authorities on behalf of various builders and real estate developers across the country on the issue of reduction of GST rates.
Regulatory & Compliance

Represented a port operator in relation on the proposed standardization of concession agreements for the Indian port sector that was...
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Represented a port operator in relation on the proposed standardization of concession agreements for the Indian port sector that was spearheaded by the Planning Commission, Government of India.
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People

Recognitions