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Title: India, and Investment Potential in India


1
India, and Investment Potential in India
  • for
  • The Center For American and International Law
  • By
  • Gautam Mahajan
  • President - Inter-Link Services Pvt. Ltd.
  • June 13, 2006

Inter-Link Services Pvt. Ltd. Tel 011-26922006,
26831226 Fax 011-26929055 E-mail
inter_link_at_vsnl.com / mahajan_at_interlinkindia.net
Website www.interlinkindia.net
2
DISCUSSION POINTS
  • 1. General Business Tips
  • 2. India, and Investment Potential in
  • India
  • 3. Foreign Lawyers and Legal Services in
    India Frequently Asked Questions

3
DISCUSSION POINTS
  • General Business Tips
  • General Business Tips
  • American Companies in India
  • Legal Opportunities
  • 2. India, and Investment Potential in
  • India
  • 3. Foreign Lawyers and Legal Services in
    India Frequently Asked Questions

4
General Business Tips
  • From the American Business Experience in India
    Lessons from successful American companies
  • Know the rules and the law and follow them
  • Conduct rigid due diligence
  • Do not get guided by quick methods or
    short-cuts
  • Avoid un-ethical practices
  • Hire a good knowledgeable consultant on India

5
American Companies in India
  • Top 5 American employers in India 2 years ago
  • General Electric 17,800 employeesHewlett-Pack
    ard 11,000 employeesIBM 6,000
    employeesAmerican Express 4,000
    employeesDell 3,800 employees (today
    10,000, growing to 20,000)
  • General Electric (GE) with 80 Million invested
    in India employs 16,000 staff, 1,600 RD staff
    who are qualified with PhDs and Masters
    degrees.
  • The number of patents filed in USA by the Indian
    entities of some of the MNCs (upto September,
    2002) are as follows Texas Instruments - 225,
    Intel - 125, Cisco Systems - 120, IBM - 120,
    Phillips - 102, GE - 95.
  • Staff at the offices of Intel (India) has gone
    up from 10 to 1,000 in 4 years,
    and will reach 2000 staff
    by 2006.
  • GE's RD centre in Bangalore is the company's
    largest research outfit outside the United
    States. The centre also devotes 20 of its
    resources on 5 to 10 year fundamental research in
    areas such as nanotechnology, hydrogen energy,
    photonics, and advanced propulsion.
  • It is estimated that there are 150,000 IT
    professionals in Bangalore as against 120,000 in
    Silicon Valley.

6
Legal Opportunities
  • Help Indian companies wishing to enter USA, China
    etc.
  • Help Indian companies and lawyers in
    collaborative projects with American companies
    outside India
  • Buy legal and paralegal services from India at
    low rates.. Example is GE
  • Send lawyers to India acceptable to the Indian
    bar rules or willing to pass the Indian bar exam

7
"There are lots of opportunities to use foreign
lawyers in place of outside counsel or other
lawyers at a lower cost structure," says Suzanne
Hawkins, senior counsel at General Electric Co.
For two GE businesses -- GE Plastics and GE
Consumer Finance -- savings from those lower
rates are adding up. GE began adding lawyers and
paralegals to its office in Gurgaon, India, in
late 2001. It now has eight lawyers and nine
paralegals there and has saved more than 2
million in legal fees that would otherwise have
been spent on outside counsel, according to
Hawkins. Jennifer FriedThe RecorderAugust 25,
2004
8
DISCUSSION POINTS
  • 1. General Business Tips
  • 2. India, and Investment Potential in
  • India
  • Foreign Direct Investment in India
  • An overview of Indian Economy
  • Investing in India Entry Routes
  • Foreign Direct Investment Policy
  • Indias Competitive Advantage
  • Investment Opportunities
  • 3. Foreign Lawyers and Legal Services in
    India Frequently Asked Questions

9
Foreign Direct Investment in India
Largest democracy political stability
consensus on reforms
Fourth largest Economy (PPP) - A safe place to
do business
Liberal transparent investment policies
Largest reservoir of skilled manpower
Long-term sustainable Competitive advantage -
High growth rate economy
10
An overview of Indian Economy
  • Economic Performance
  • Foreign Trade
  • Investment
  • Mature Capital Markets
  • A well developed banking system

11
An overview of Indian Economy
  • Economic Performance
  • Sustained economic growth
  • Average last 10 years 6.5
  • 2004-05 6.9
  • Forecast up to 2006-07 gt7.0
  • Forecast till 2050 Goldman Sachs 5 p.a.
  • Services share in GDP over 50 (52.4 share in
    GDP in 2004-05)
  • Manufacturing sector grew at 8.8 in 2004-05
    (17.4 share in GDP in 2004-05)

12
An overview of Indian Economy
  • Foreign Trade
  • Merchandise exports grew by 25 in 2004-05, now
    US80 billion
  • Imports grew by 36, now US106 billion
  • Investment
  • Foreign Investment over US14 billion in
    2004-05 (FDI US5.5 billion, FII US8.9 billion)
  • Mature Capital Markets
  • NSE third largest, BSE fifth largest in terms of
    number of trades

13
Goldman Sachs Report of 1 October, 2003
"Dreaming with BRICs The path to 2050" India's
GDP will reach 1 trillion by 2011, 2
trillion by 2020, 3 trillion by 2025, 6
trillion by 2032, 10 trillion by 2038, and
27 trillion by 2050, becoming the 3rd largest
economy after USA and China. In terms of GDP,
India will overtake Italy by the year 2016,
France by 2019, UK by 2022, Germany by 2023, and
Japan by 2032.
14
Economic Reforms - Fiscal
  • Rationalization of tax structure both direct
    and indirect
  • Progressive reduction in peak rates
  • Peak Customs duty reduced to 15
  • Corporate Tax reduced to 30
  • Customs duties to be aligned with ASEAN levels
  • Value Added Tax introduced from 1st April 2005-
  • only 6 states left
  • Fiscal Responsibility Budget Management Act,
    2003
  • Revenue deficit to be brought to zero by 2008

15
Economic Reforms - Liberalisation of Investment
Trade Policies
  • Industrial Licensing
  • Progressive movement towards delicensing and
    deregulation
  • Licensing limited to only 5 sectors (security,
    public health safety considerations)
  • Foreign Investment
  • Progressive opening of economy to FDI
  • Portfolio investment regime liberalised
  • Liberal policy on technology collaboration
  • Trade Policy
  • Most items on Open General License, Quantitative
    Restrictions lifted
  • Foreign Trade Policy seeks to double Indias
    share in global merchandise trade in 5 years

16
Economic Reforms - Exchange Control Taxation
  • Exchange Control
  • All investments are on repatriation basis
  • Original investment, profits and dividend can be
    freely repatriated
  • Foreign investor can acquire immovable property
    incidental to or required for their activity
  • Rupee made fully convertible on current account
  • Taxation
  • Companies incorporated in India treated as Indian
    companies for taxation
  • Convention on Avoidance of Double Taxation with
    65 countries

17
Manufacturing Competitiveness Made in India
  • Second most attractive destination for
    manufacturing
  • AT Kearneys FDI Confidence Index 2004
  • Indian industry globally competitive in a wide
    range of manufacturing skill-intensive products
  • Apparels, electrical and electronics components
    speciality chemicals pharmaceuticals etc.
  • Automotive components Major MNCs their OEMs
    sourcing high-quality components from India
  • Volvo, GM, GE, Chrysler, Ford, Toyota, Unilever,
    Cliariant, Cummins, Delphi
  • Indian companies now having manufacturing
    presence in many countries
  • Over 55 of approved outward investment by India
    companies in manufacturing activities

18
Evolution of FDI Policy
More sectors opened Equity caps raised in many
other sectors Procedures simplified
2000-05
Up to 100 under Automatic Route in all sectors
except a small negative list
2000
Up to 74/51/50 in 112 sectors under
the Automatic Route 100 in some sectors
1997
FDI up to 51 allowed under the Automatic route
in 35 Priority sectors
1991
Pre 1991
Allowed selectively up to 40
FDI Policy Liberalization
19
Investing in India Entry Routes
Investing in India
Automatic Route
Prior Permission (FIPB)
General Rule No prior permission required Inform
Reserve Bank within 30 days of inflow/issue of
shares
By Exception Prior Government Approval
needed. Decision generally within 4-6 weeks
20
FDI Policy Initiatives 2000-2004
  • New sectors opened to FDI
  • to 26 divestment in 5 years Defence production,
    Insurance, print media - up to 26
  • Development of integrated townships up to 100
  • e-commerce, ISP with out gateway, voice mail,
    electronic mail, tea plantation -100 subject
  • FDI equity limits raised
  • Private sector banks raised from 49 to 74
  • Drugs and pharmaceuticals from 74 to 100
  • Advertising from 74 to 100
  • Private sector refineries, Petroleum product
    marketing, exploration , petroleum product
    pipelines 74 to 100
  • Procedural simplification
  • Issue of shares against royalty payable allowed

21
Recent Initiatives June 2004 onward
  • FDI in domestic airlines increased from 40 to
    49. Automatic route allowed
  • FDI up to 100 allowed under the automatic route
    in development of townships, housing, built up
    infrastructure and construction development
    projects
  • Foreign investment limit in Telecom services
    increased to 74
  • FDI and portfolio investment up to 20 allowed in
    FM Broadcasting. Hitherto only Portfolio
    investment was allowed.
  • Transfer of shares allowed on automatic route in
    most cases
  • Fresh guidelines for investment with previous
    joint ventures
  • A WTO (TRIPs) IPR regime compliant in position
    since 2005 Patents Act amended to provide for
    product patent in pharma and agro-chemicals
    also.

22
Policy on FDI
  • FDI up to 100 allowed under the Automatic
    Route in all activities except for
  • Sectors attracting compulsory licensing
  • Transfer of shares to non-residents (foreign
    investors)
  • In Financial Services, or
  • Where the SEBI Takeovers Regulation is attracted
  • Investor having existing venture in same field
  • Sector specific equity/route limit prescribed
    under sectoral policy
  • Investments made by foreign investors are given
    treatment similar to domestic investors

23
Main Sectors with FDI Equity/Route Limit
  • FDI equity limit-Automatic route
  • Insurance 26
  • Domestic airlines 49
  • Telecom services- Foreign equity 74
  • Private sector banks- 74
  • Mining of diamonds and precious stones- 74
  • Exploration and mining of coal and lignite for
    captive consumption- 74
  • FDI requiring prior approval
  • Defence production 26
  • FM Broadcasting - foreign equity 20
  • News and current affairs- 26
  • Broadcasting- cable, DTH, up-linking foreign
    equity 49
  • Trading- wholesale cash and carry, export
    trading, etc., 100
  • Tea plantation 100
  • Development of airports- 100
  • Courier services- 100

Corrected as of December 05
24
Foreign Technology Collaboration Policy
  • Foreign technology agreements also allowed under
    Automatic route
  • Lump-sum fees not exceeding US2 Million
  • Royalty _at_ 5 on domestic sales and 8 on exports,
    net of taxes
  • Royalty up to 2 on exports and 1 also permitted
    for use of Trade Marks and Brand name, without
    any technology transfer
  • Wholly owned subsidiaries can also pay royalty
    to their parent company
  • Payment of royalty without any restriction on the
    duration allowed.

25
India FDI Outlook
  • 2nd most attractive investment destination among
    the Transnational Corporations (TNCs) - UNCTADs
    World Investment Report, 2005
  • 3rd most attractive investment destination AT
    Kearney Business Confidence Index, 2004
  • Up from 6th most attractive destination in 2003
    and 15th in 2002
  • 2nd Most attractive destination for
    manufacturing
  • Among the top 3 investment hot spots for the
    next 4 years
  • UNCTAD Corporate Location April 2004
  • Most preferred destination for services - AT
    Kearneys 2005 Global Services Location Index
    (previously Offshore Location Attractiveness
    Index)

26
Indias Competitive AdvantageHuman Capital
  • Indias competitive edge - its highly-skilled
    manpower and entrepreneurial expertise
  • Over 380 universities (11,200 colleges)
  • 1500 research institutions
  • Over 200,000 engineering graduates
  • Over 300,000 post graduates from non-engineering
    colleges
  • 2,100,000 other graduates
  • Around 9,000 PhDs
  • Knowledge workers in software industry increased
    from 56,000 in 1990-91 to over 1 million by
    2004-05
  • 54 of Indias population under 25 years of age
  • India would continue to be surplus in working
    population for a long-time
  • Would contribute 25 to the additional working
    population globally over the next 5 years.

27
Indias Competitive StrengthsHRD Contd.
  • Rank out of 102 countries
  • Availability of scientist and engineers 3
  • Quality of management schools 8
  • Quality of scientific research institutions 20
  • Quality of educational system 36

28
IT Advantages
  • IT ITES Industry
  • Exports US17.2 billion in 2004-05, growth of 34
    over previous year
  • 2008 exports target US60 billion, to be 35 of
    Indias total exports
  • High quality standards
  • 76 SEI/CMM level 5 companies, two third of
    worlds total, are Indian
  • Over 250 of the Fortune 500 companies are clients
    of Indian firms
  • RD base of over 100 FORTUNE 500 companies
  • Investment Opportunities
  • Collaborative ICT research
  • Joint Software development in a variety of
    applications

29
Recent Infrastructure Initiatives
  • National Highway Development Programme to develop
    over 24,000 km of highways
  • Golden Quadrilateral
  • NSEW Corridor
  • Links to ports and State capitals
  • Modernisation of airports
  • Metro and other airports
  • Development of ports with private sector
  • The Electricity Act, 2003 provides the framework
    for development of power sector
  • Bharat Nirman Programme to develop rural
    infrastructure at an estimated cost of Rs.
    1,74,000 crore (US40 billion)
  • Jawhar Lal Nehru Urban Renewal Mission Rs.
    100,000 crore (US22 billion)
  • Country wide rural connectivity programme to
    link all unconnected village having population of
    500 with fair weather road undertaken

30
Telecommunications
  • Among the fastest growing telecom markets
  • 550,000 km of optical fibre cable laid
  • 2 million Cellular phones added every month
  • Among the lowest mobile tariff in the world
  • Share of private sector 50
  • Tele-density of 10.66, expected to be 20 in next
    three years
  • New Broad Band Policy announced
  • 690,000 connections since April 2005
  • Internet subscribers 6 million (March 05)
  • Investment Opportunities
  • Setting up manufacturing facilities
  • Supply of hand sets and equipments
  • Telecom Value added service.

31
Roads
  • Policy
  • FDI up to 100 is permitted for construction and
    maintenance of roads, highways, vehicular
    bridges, toll roads, vehicular tunnels
  • Ten year tax holiday for road and highway
    projects
  • Recent Initiatives
  • Existing road network of 3.3 million kilometers
  • 24,000 km of Highways being developed under
    National Highway Development Programme
  • billion envisaged Golden Quadrilateral 5846
    kms- 5000 kms completed
  • NSEW Corridor 7300 kms 784 kms completed, 3691
    kms under implementation
  • Investment US20 billion
  • Investment Opportunities
  • Projects for 12,000 km would be on offer
  • Many more opportunities in the States

32
Power
  • Policy Incentive
  • FDI up to 100 is permitted on the automatic
    route in all segments except atomic power
  • Ten-year tax holiday for generation and
    distribution or transmission and distribution of
    power
  • Institutional Reforms
  • The Electricity Act 2003 allows trading in power
    and provides for further deregulation
  • Independent Regulator in most states
  • Investment Opportunities
  • Additional capacity required 100,000 MW till 2012
  • Investment US120 billion needed
  • Financial closure of over 6000 MW capacity
    achieved in last one year

33
Ports
  • Policy Incentives
  • FDI up to 100 permitted for construction and
    maintenance of ports and harbors.
  • Ten year tax holiday
  • Public-private partnership
  • 12 major ports, 185 minor ports
  • 14 private/ captive projects with investment of
    US 600 million completed
  • 24 projects with investment of US1.6 billion
    under implementation/award
  • Investment requirement of US22 billion to
    develop maritime sector
  • Ports Shipping
  • Inland waterways

34
Special Economic Zones
New Law on SEZ enacted
  • Policy
  • Duty free zones, deemed foreign territories
  • FDI up to 100 permitted in almost all
    manufacturing activities
  • Transfer of goods from DTA to SEZ treated as
    exports,
  • Units to be net foreign exchange earner within 5
    years. No export commitments
  • No limits on DTA sales
  • Can be set up in the public, private or joint
    sector
  • Single Window Clearance
  • Incentives
  • For developer Income tax exemption for a block
    of 10 years in 15 years
  • For units 100 Income Tax exemption for first 5
    years, 50 for next 5 years and 50 of the
    ploughed back export profits for next 5 years
  • Exemption from indirect taxes excise, sales,
    services tax, etc.
  • Freedom to raise ECB with out any maturity
    restrictions

Cont
35
Special Economic Zones
  • 11 Special Economic Zones are functional
  • SEEPZ Mumbai, Kandla, Cochin, Chennai,
    Visakhapatnam, Falta, NOIDA, Surat, Salt Lake,
    Indore and Jaipur
  • Over 800 functional units employing over 100,000
    persons
  • Exports of US4 billion in 2004-05
  • 42 new Special Economic Zones have been approved
    and are under establishment
  • Many have participation with State Governments
    and Private Sector
  • Major Industries in Special Economic Zones
  • Gems Jewellery, Electronics Hardware,
    Software, Textile Garment, Engineering Goods,
    Sports Goods, Leather Products, Chemicals
    Allied Products

36
Public Private Partnership
  • Infrastructure projects might not be financially
    viable on their own
  • Public Private Partnership to bring in private
    sector resources and techno-managerial
    capabilities
  • Viability Gap Funding for
  • Roads, railways, seaports, airports
  • Power
  • Water supply, sewerage, solid waste disposal in
    urban areas
  • International convention centres.
  • Funding in the form of capital grant, Operation
    Management support, interest subsidy, etc.
  • Support linked with predefined milestones.

37
Food Processing
  • Third largest producer of food items
  • Largest milk producer
  • Largest livestock population
  • 2nd largest in fruits vegetables
  • Opportunities in food processing sector
  • 50 of household income spent on food items
  • With increasing income levels and urbanisation
    fast growth in demand of processed food expected
    over 250 million strong middle class
  • Low levels of value addition in food sector only
    7
  • New Integrated Food Law being enacted
  • Investment of US 28 billion required to raise
    food processing from 2 to 8-10.
  • Investment opportunities in
  • Processing of fruit vegetable, meat, fish
    poultry, milk products, packaged food drinks.
  • Establishing infrastructure, cold chain, etc.

38
Incentives for the Development of Industrially
Backward Areas
  • A special package of incentives to promote
    industrialization of industrially backward
    regions
  • North Eastern states, Skim, Jammu Kashmir,
    Uttaranchal and Himachal Pradesh
  • Incentives
  • 100 Income Tax Exemptions for 10 years
  • Excise Duty Exemptions for 10 years
  • Transport Subsidy for transportation of raw
    material and finished products,
  • Investment Subsidy (50-90)

39
Governance and Regulatory System
  • Central, State and Local levels of Government
    with their specified powers and responsibilities
    seen as complicated in regulatory administration
    by investors
  • 11.9 of Senior Managements time spent in
    dealing with Government agencies
  • (Source World Banks Report - India Investment
    Climate Assessment, 2004)
  • World Banks Report Doing Business in 2006
  • 71 days required to set up a Company and start
    business Incorporation of Company and PAN/TAN
    allotment taking most time
  • Paying taxes 59 transactions taking 264 hours
    in a year
  • Closing a business time taken 10 years

40
Governance - Initiatives
  • Major e-governance initiatives undertaken at
    Central and State level
  • National e-Governance Action Plan
  • Projects being taken up in Mission mode at
    Central and State level.
  • Integrated services projects for services across
    Departments.
  • MCA-21 - Ministry of Company Affairs, to cover
    all Registrar of Companies by June 2006
  • e-Biz project being taken up by the Department of
    IPP
  • To set up a web enabled portal to provide for the
    services at the Central, State and Local level
    during the entire life cycle of business
  • To begin with a pilot project covering 25
    services in four states
  • Project capable of rapid upscaling to cover other
    services and extend to other areas
  • Right to Information Act for greater transparency
    in public administration

41
Investment Opportunities
  • Development and management of infrastructure
  • Food processing, including logistic and support
    services, development of cold chain
  • Manufacturing relocation into India
  • RD leveraging on abundant skilled manpower
  • IT ITES, Software as well as hardware

42
DISCUSSION POINTS
  • 1. General Business Tips
  • India, and Investment Potential in
  • India
  • Foreign Lawyers and Legal Services in India
  • Frequently Asked Questions
  • Judgment of Bombay High Court

43
Foreign Lawyers and Legal Services in India
Frequently Asked Questions
  • 1.Can I give advice on USA legal issues to Indian
    companies?No. (see below)
  • 2.Can I give advice to Indian companies in India
    on Indian issues?No. Please refer to the
    attached extract of a Bombay High Court Judgment
    attached
  • 3.If I have an associate law firm in India, what
    can my partners do or not do when they come to
    India?
  • They can only provide inputs to the Indian firm.
    They can be employed by an Indian firm. They can
    (if qualified) enroll but that is a difficult
    process requiring eligibility, qualifications and
    reciprocity.

Cont
44
Foreign Lawyers and Legal Services in India
Frequently Asked Questions
  • 4. Can I set up a rep. office in India? If yes,
    What am I allowed to do and not do?
  • Yes, but not much at all. Liaison and no
    commercial business (same judgment).
  • 5. Is my legal degree recognised in India?
  • No. In most cases of US degrees. Some may be
    recognised (like Oxford degree) but youll need
    to check with the Bar Council of Delhi which ones
    are covered (if any) from the U.S.
  • 6. What do I have to do be a solicitor in India?
  • This is a complex question. Probably not
    allowed.

Cont
45
Foreign Lawyers and Legal Services in India
Frequently Asked Questions
  • What do I have to do if I wish to appear in an
    Indian court?
  • Enroll as an advocate.
  • How is the law on the above likely to change and
    when?
  • Some change and a minor easing is likely in this
    year or over the next years but it is likely to
    be cosmetic.

46
Extract of a Bombay High Court Judgment
  • IN THE HIGH COURT OF JUDICATURE AT BOMBAY
  • ORIGINAL SIDE
  • WRIT PETITION NO. 1526 OF 1995
  • Lawyers Collective Petitioner
  • Versus
  • Bar Council of India Ors.
  • OCTOBER 4 9, 1995
  • "In our view, considering the aforesaid
    quotations from the New York Judiciary
  • Law and Halsburys Laws of England, it is
    apparent that the phrase to practicethe
    profession of law would be wide enough which
    would include not only appearance before the
    Court but also to carry on such activities which
    are specifically provided in the aforesaid
    paragraphs which provide for restrictions on
    unqualified persons against drawing or preparing
    any instrument, agreement, power of attorney or
    such other things. If that was not so, there was
    no necessity of restricting it by specific
    regulations."

Cont
47
Extract of a Bombay High Court Judgment
  • The Court quoted with approval
  • "As there is no direct decision on the question
    involved, the learned Counsel appearing for the
    Petitioner has brought to our notice a decision
    rendered by the Court of Appeals of New York. In
    the Matter of New York County Lawyers Association
    v. Lorenzo J. Roel, (165 N. Y. S. 2d 31, page
    14,) wherein the Court has interpreted Section
    270 of the Penal Law which, inter alia, provides
    as under-
  • It shall be unlawful for any natural person to
    practice as an attorney-at-law or to hold
    himself out to the public as being entitled to
    practice law as aforesaid, or in any other
    manner, or advertise the title of lawyer in
    such manner or advertise the title of lawyer
    in such manner as to convey the impression that
    he conducts or maintains a law office without
    having first been duly and regularly licensed and
    admitted to practice law in the courts of record
    of this state, and without having taken the
    constitutional oath.

Cont
48
Extract of a Bombay High Court Judgment
  • In that case it was contended by the appellant
    that his practice is restricted to Mexican law
    and he does not practice law in New York since he
    only gives advice and prepares instruments based
    on Mexican law and Mexican law is not law in
    New York. Therefore he is not covered by Section
    270 of the Penal Law. The Court negatived the
    said contention by holding that whether a person
    gives advice as to New York law. Federal law,
    the law of a sister State, or the law of a
    foreign country, he is giving legal advice. It
    was further held that when legal documents are
    prepared for a layman by a person in the business
    of preparing such documents, that person is
    practicing law whether the documents be prepared
    in conformity with the law of New York or any
    other law. The Court further observed that to
    hold otherwise would be to state that a member of
    the New York Bar only practices law when he deals
    with local law. It was further observed A
    foreign lawyer who is familiar with the law of
    the country in which he is a lawyer is in a
    similar position. He is a specialist in a
    particular field of the law, but is nevertheless
    a layman in this state when he is not a member of
    the Bar here. The Court held that protection of
    the members of the lay public of State, when they
    seek legal advice and that was what defendant
    purported to furnish was the basis of the
    requirements of licensing of attorneys by the
    State.

Cont
49
Extract of a Bombay High Court Judgment
  • From the aforesaid discussion, the submissions
    made before this Court and the affidavit in reply
    filed on behalf of Respondent Nos. 12, 13 and 14,
    prima facie, it appears that the activities
    mentioned above carried on by Respondent Nos. 12
    to 14 would amount to practising the profession
    of law. As stated above, Respondent Nos. 12 to
    14 have established liaison offices in this
    country they are carrying on work of drafting
    documents, reviewing and providing comments on
    documents, conducting negotiations and advising
    clients on international standards and customary
    practice relating to clients transactions
    gathering information from prospective clients in
    India and conducting market research to assess
    the feasibility of providing legal services in
    India.
  • If, therefore, the said activities are held to
    be not covered by the phrase to practice the
    profession of law, then the whole objects of the
    Advocates Act would be frustrated, in the sense
    that there would not be any disciplinary control
    nor these activities can be controlled by any
    method.
  • " End of quote

50
  • We gratefully acknowledge the help given by the
  • Department of Industrial Policy and Promotion -
    Ministry of Commerce, Government of India, New
    Delhi

51
THANK YOU
For further Information, Contact Gautam
Mahajan President - Inter-Link Services Pvt.
Ltd. K-185 Sarai Jullena New Delhi, India
110025 Tel 91-11-26922006, 26831226 Fax
91-11-26929055 E-mail inter_link_at_vsnl.com /
mahajan_at_interlinkindia.net Website
www.interlinkindia.net
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