Being in line with law and order and your (European) guidelines – a true challenge for India!
It is still possible that Indian companies do not always follow all your guidelines thoroughly. It is likely that one “takes a short cut” or readily accepts “special payments” in order to participate in it (kickback) or managers and administrative staff try to conceal their own mistakes.
Often, however, this is not motivated by ill will, but by missing risk awareness, carelessness, laziness or ignorance.
In addition, authorities, officials, trade unions etc. often try to put companies under pressure and to enforce special payments or crude corruption.
An according problem and risk awareness is still not to be found with many Indian mangers. Yet, the risk potential in India has clearly increased in recent years and the crime clearance rate has improved significantly due to the Indian press. Also western companies suddenly have to face unpleasant surprises when Indian employees have committed a violation of the law – without the parent company being aware of it – and the company is labelled “corrupt” in the media.
- Not to get lost in the mills of Indian administration, trade unions etc.
- Always comply with current standards (internal and external).
- Minimise the risk for the company and avoid consequences under criminal law for the directors.
- Detect “black sheeps” in the company and remove them immediately.
- Identify and correct violations
Comply with Indian guidelines, such as Registered of Office, Reserve Bank of India, Ministry of Corporate Affairs, FDI policy, FEMA compliances, tax compliances, Industrial Licenses, Immigration / FRRO.
Transfer internal standards to India and integrate them into company policies, rules, business apportionment plans and target agreements.
Contract review regarding legal enforceability. Patent and trademark registration in India. Investigations concerning possible misuse of your intellectual property or trademarks in India and implementation of appropriate legal steps.
Solve conflicts with your Indian partners and reach compromises. Guide your company during or after Indian arbitrations or legal disputes, among others through constant coordination by specialised lawyers and receivables management.