A two-day technical update with group live instruction on latest legal, tax & financial issues facing companies with operations or business opportunities in india.

Benefits of Attending

• Legal and regulatory issues for doing business in India
• Tax & legal strategies for funding new and existing investments and repatriating profits
• Tax & legal issues in structuring M&A or JV transactions in India
• New developments on how the tax & legal system works in India
• Transfer pricing planning and compliance in India
• Recent developments in corporate governance in India
• Legal and tax aspects of utilizing intellectual property and resolving commercial disputes
• Investment opportunities in key sectors such as: real estate,
• Aerospace and defense, healthcare, brands and retail, infrastructure

All Paid Attendees Will Receive the Bloomberg BNA Portfolio: "Doing Business in India" (BNA Portfolio #966-4th)
By: Adil K. Kotwal and Sunil P. Hansraj, Partners of Chandabhoy & Jassoobhoy Chartered Accountants, Mumbai, India
*One portfolio per paid attendee. Quantities are limited.

Educational Course Credit — Up to 14 CPE / CLE Credits Available

Substitutions/Cancellations

Cancellations received more than 72 business hours prior to the meeting will be issued a credit. A $350 fee will apply to cancellations received within 72 business hours of the event. No credit card or cash refunds will be issued at any time. For more information regarding administrative policies, such as complaints and refunds, please contact us at 1-914-328-5656, or e-mail info@citeusa.org. Credits will not be issued for "no shows"

CITE's block of discounted sleeping rooms is limited - reserve your sleeping room early! We cannot guarantee rates or availability. A very limited block of rooms at a reduced rate has been set aside for CITE attendees. For conferences being held at local firm centers, hotel blocks have NOT been arranged and accommodations are at your own discretion

Wednesday, April 25th

8:00 am Registration & Continental Breakfast

8:30 am Setting up Shop in India and initial considerations - Welcoming Remarks from Co-chairs

8:45 am Opening  Address: Economic, Political, Legal & Regulatory Environment for Doing Business in India

• India as an investment destination – country’s credit rating, growth rate, India versus China, capital markets
• India’s commitment to FDI – 11th Five-year plan
• Economic  trends & forecasts – What the Union Budget contains
• Political developments
• The role of infrastructure in FDI in India
• The Indian legal environment- Federalism, delegated legislation & the judiciary
• Key regulations, legislative or judicial developments affecting FDI and the ease of doing business in India
• Enforcement, litigation & arbitration –the court system
• Dealing with government agencies

10:00 am Break for Refreshments

10:15 am Strategy for Structuring a New Investment or Expanding Operations in India

• How and why foreign companies enter India
• Choice of legal entity – legal and tax implications
• New entity types –  the LLP
• Alternate entry points to entity formation – liaison office, project office, historical and continuing issues with joint ventures
• Investing in the shares of an Indian public company – equity valuation rules
• What type of business activities are permitted: FDI sector caps
• How are approvals to operate in India obtained: Automatic and non-automatic routes
• Consolidated FDI Circular of 2010 and subsequent revisions, direct and indirect FDI schemes
• Foreign Exchange Management Act (FEMA)
• Sectors in India providing most growth opportunities
• Utilizing special incentives – special economic zones (SEZ), software technology parks (STPs), Export Promotion Zones (EPZs)

11:15 am India Tax Update- How the Tax System Works & New Developments

• Changes in tax rates & incentives-Transition rules for existing incentives
• Understanding the direct taxes (income tax, corporate tax, dividend distribution tax)
• Understanding indirect tax regime (sales tax, excise tax, customs)
• Fringe benefit tax issues
• Treaty update: Mauritius, Cyprus, others
• Thin capitalization rules
• General anti-avoidance rule (GAAR)
• Main tax issues and controversies affecting foreign investors – the Vodaphone decision

12:30 pm Summary ­- Q&A

12:45 pm LUNCHEON

1:55 pm Legal  Aspects of Mergers & Acquisitions, JVs & Role of Private Equity in India

• Legal  due diligence in doing an M&A transaction in India
• Legal restrictions and issues in M&A in India: puts and calls, additional court scrutiny of mergers
• Transfer of licenses, employees, employee plans and other assets
• Additional issues in listed company transactions: Takeover Code, minimum spread rules, insider trading regulations
• How private equity & venture capital approach the Indian market - Update on the Foreign Venture Capital Investment (FVCI) and Venture Capital Fund (VCF) rules
• Latest trends in VC & PE investments- Favored sectors
• Understanding the new Competition Act and its impact on M&A transactions

3:00 pm Break for Refreshments

3:15 pm Tax Aspects of Mergers & Acquisitions, JVs, and Private Equity in India

• Tax due diligence in doing an M&A transaction in India
• Minimize tax consequences in doing M&A in India
• Post acquisition tax audits & compliance
• Tax planning strategies with regard to PE investing
• Avoiding tax controversies in regard to M&A transactions
• Tax issues in acquiring a wholly or partially  foreign owned Indian company
• Tax issues in financing or capitalizing the acquisition
• US tax planning considerations when doing an M&A transaction in India
• Frequently encountered traps and opportunities

4:15 pm Transfer Pricing Planning & Compliance in India

• Transfer pricing; audit targets, pricing methodologies
• Comparison of transfer pricing rules in the US & India
• TP audits & enforcement
• Ways to minimize TP audits
• Documentation rules
• Effective transfer pricing planning for India operations
• Dealing with transfer pricing controversies

5:15 pm Summary & Q&A

5:30 pm Conference Adjourns – Networking Reception

Thursday, April 26th

8:00 am Continental Breakfast

8:30 am Operating in India - Co-chairs review of day one and preview of day two

8:45 am Corporate Governance in India – Post recent corporate scandals

• Corporate governance for public listed companies and private companies
• Fallout of Satyam
• Companies Act and Companies Bill – Financial reporting; Annual General Meeting; Shareholder action for oppression & mismanagement
• Listed company regulations - Choosing and maintaining majority independent directors; Position of investor nominee directors; Role of the audit committee; Executive compensation
• Soft regulation – recent Ministry of Corporate Affairs guidelines
• Concerns for foreign institutional investors: availability of financial and other reports; Proxy voting at the annual general meeting
• Corruption issues in India
• FCPA and the Prevention of Corruption Act
• Dealing with Public Sector Undertakings (PSUs)
• Protecting against corruption liability
• Whistleblower protection

9:45 am Moving Capital Into or out of India –Funding New Operations & Repatriation Issues

• Indian capital markets
• Local currency issues and hedging F/X risks –prospects for the exchange rate
• Use of equity versus loan capital- Thin “cap” rules
• Repatriation of profits:
• Dividends and distributions
• Remittances of sales proceeds
• US tax and legal issues in repatriating profits
• Cross-border payments of dividends, interest, royalties intercompany service fees and other payments
• Understanding & utilizing treaty benefits in India

10:45 am Refreshment Break

11:00 am Commercial Dispute Resolution- Enforcing Commercial Rights and Litigation in India

• Common misunderstandings that lead to disputes
• Interpretation of laws and applications
• How to build a set of agreements that work both  within and outside of a contract
• Common Legal issues and controversies in a foreign investment context
• Disputes with the Indian government  and government agencies
• How to deal with Indian law enforcement
• Arbitration versus litigation: enforcement of foreign awards, court scrutiny of an arbitration in India and the ubiquitous “public policy” exception

12:00 pm Summary & Q&A

12:15 pm Luncheon Break

1:15 pm Latest Legal &Regulatory Developments & Investment Opportunities in  Key Sectors in the Indian Market

• The Real Estate Industry Sector
• Infrastructure Developments utilizing Public Private Partnerships (PPP)
• Aerospace and defense
• Health care industry
• Brands and multi-product retail sector

2:45 pm Refreshment Break 

3:00 pm Legal & Tax Aspects of Using Intellectual Property in India

• Rules on IP protection and current practice in India
• IP licensing contracts and their enforcement
• How best to protect US patents, trademarks & copyrights used in manufacturing & service activities in India
• Data privacy laws
• Tax planning in regard to IP
• How software and internet activities are taxed
• Treatment of R&D & cost sharing
• Migrating IP offshore & use of cross-border royalties
• IP litigation issues

4:00 pm Update on Employment & HR Issues in India

• Labor laws & issues, challenges & controversies facing foreign companies operating in India
• Issues in hiring & termination
• Discrimination, sexual harassment issues
• Additional concerns for BPOs and call centers
• Employment contract issues
• Executive compensation, benefits and employee retention
• Non-solicitation and non-compete agreements
• Labor disputes & Dealing with unions
• Transfer of executives to India – immigration and tax regulations

4:45 pm Summary & Q&A

5:00 pm Conference Ends

Bloomberg BNA | CITE Conference Registration - Page 1

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