Crypto-assets Law Related

Money has evolved greatly over the years and it is no astonishment that things are going to change even more in the future to come. It would be of interest of yours to know that mostly crypto coins the renown crypto assets is assumed Satoshi Nakamoto, the inventor of Bitcoin came up with the life changing invention of a decentralized digital cash system. The best part of any crypto-assets is that mostly they are away from legal formalities and this gives user full ownership with no state intervention.

One of the simplest explanations of what the most recent trend of crypto currency actually stands for and represents that the top internet search  defines crypto-currency  "a digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank”. 

Crypto currency is more and more trending term denoting digital money that can be purchased, transferred, and sold securely using cryptography, which encrypts and protects the data used to help identify and track crypto currency transactions. Contrasting the regular currency, which is backed by something tangible like gold or other forms of trading, crypto currency is purely digital money and exists only on the internet.

What are the Features of Crypto currency?

Key features that make crypto currency valuable:

·       It is basically digital orvirtual money that is a product of coding.

·       The economy is assessed by peer-to-peer internet protocol/rules.

·       It represents encrypted or encoded data.

Which are the top crypto-currencies for online trade?

Human is a social being and no one survives in isolation and the only key to effective living is making most of the available resources. 

There is a surfeit of crypto currencies available in the market. Each one of them holds unique features and usually operated on the different block chain technology with varying intentions.Examples of crypto currency would include, Bit coin Market Cap, 

Ethereum Market Cap and Ripple Market Cap.  Some of the best crypto coins are:

Bitcoin

The elated rise of bit coin is talk of the town across the globe. The digital currency coin, Bitcoin was first introduced as open source software by a group of programmers under the name of Satoshi Nakamoto in 2009.

Bitcoin Cash

Bitcoin Cash is a result of a split of Bitcoinand is considered as one of the valuable crypto currencies. 

This digital coin is supported by Bitmain, the biggest Bit coin mining company and manufacturer of Bitcoin mining chips (ASICs). 

There are many investors who buy and invest in Bitcoin Cash, thinking it to be Bitcoin.

Bitcoin Cash has actually no link with the Bitcoin. Bitcoin cash was created because of SegWit, a feature implemented in bitcoin that Bitmain didn’t liked.  

SegWit sanctions cheaper transactions for miners and prefers bigger mining blocks (8MB vs. 1MB for Bitcoin).

Litecoin

Former Director of Engineering at Coinbase, and Google employee, Charlie Lee made the Litecoin as the digital silver in the competition of Bitcoin, the digital gold.  It is one of the first Altcoins that was created.

Ethereum

Ethereum was launched in the year 2015. It is a programmable block chain with decentralized software platform which helps developers to build Smart contractsandDApp (distributed applications).

 In No time this crypto coin Ethereum, has become inspiring to the developers and its users due the features of running without any downtime, interference, control, and fraud.

Zcash

Zcash is one of the crypto currencies that are considered as a foremost competition to the Bit coin, 

Ethereum, Litecoin, and other crypto currencies available in the market. Zcash makes use of the revolutionary technology, known as the “zero knowledge Succinct Non-Interactive Argumenta of Knowledge or zk-SNARK. 

Dash

Dash, formerly known as Dark Coin is the updated version of Bitcoin which was launched in 2014. Instant Send Technology makes it is more reserved and pledges faster transaction.

 The decentralized master code network of Dash makes transactions nearly untraceable which helps in maintaining more confidentiality and secrecy.

What are the Benefits of Crypto currency?

Ease in Finance Management and Wealth Management

In modern times, finance management as a subject of study and implementation has gone a sea change under crypto ambit, and wealth management or investment banking firms are more interested in crypto assets management.

Loans

Easy availability of loans online is also one of the   features of crypto currencies. Loan transactions are growing more in crypto currencies as people investing in them are growth oriented and seek more money so resort to lending and lend more. Thus, there are more and more crypto currency loans available and trending in the digital market.

Easy availability and access

The biggest benefit of crypto currency is that it is easily available for use to the general mass. Since the mechanism is decentralized in its system of operation, investors from across the world can avail it and reach out to all others.

Connecting to investors is now made much easier. One must know how to transfer funds online and then be a part of the large and eternally increasing network of crypto currency. 

This bridges the gap between the affluent and the poorer strata of the society. 

Anyone is able to access it and use it to their advantage with all equality and ease.

It’s a huge boost to those with mobile phone who did not previously have knowledge of online money payment but can now have everything easily at their fingertips. 

This is what is called as digitalization, a term tossed in modern times. No special knowledge is required to handle or use crypto-currency.

The internet and a smartphone are just what you need to go ahead with its usage. 

With changing times, even those who have not received formal education in structured schools, are able to access the worldwide web.

Lower fees

How often does it happen that you transfer money from your bank account but the statements at the end of the month speak of not only your transactions but also the hefty handling charges levied by the bank.

This means that a portion of your hard-earned savings actually goes waste as you are not able to use it and still need to part with it. 

The solution to this problem is substitution with crypto currency. In case of crypto currency, the charges are nil or almost negligible and this serves as a big respite to those who slog it out at work.

It is worthy to be noted that in case one avails of a third party to maintain or keep track of their Bit coin wallets, they may need to make payments to the third party respectively. 

One common third party for the creation and sustaining Bit coin is Coin base which charges additional fees or as you may call it, commission.

Recently it has changed its headquarter to the United Kingdom and has made changes in its privacy policy and threatened its users to comply with it else leave for which it has lost its credibility among users.

Privacy

In simple terms, this implies that no one will be able to steal one’s personal data from others such as sellers, buyers or other relevant entities. Your information remains confidential. 

The cherry on the cake is the fact that you can create a profile of yours without disclosing your real identity on the World Wide Web, which is no longer a safe place as no information is truly secure.

Purchase of privacy based items like bachelorette cake, adult items and services, etc. is also easy. 

The traditional method proceeded with the merchant getting to know every detail of people each time they made a payment by card since the card would first pull out all of the data before debiting the amount.

Crypto currency transactions are reportedly different each time you engage in any value transfer, irrespective of whether it is the same second party or not. The history of use can be secured and a little smartness is eligible to go a long way.

 There is no authoritarian bank to have an eye on your account or keep track of your activities as in the case of fiat currencies. You are the sole owner of your own money.

 Crypto currency uses a push mechanism where only the desired amount is sent out to the merchant and nothing further is released or divulged.

Fast and Easy Transactions

Crypto currency aids in quick, easy and prompt payments. The task is complete within instants and saves a lot of time. One does not need to key in any credit card or debit card details.

 It is a top preference these days when no one has the time to visit banks and wait in the queue for long hours or miss out on office work as that is the only time when the banks remain functional.

All that is needed is the recipient’s wallet address. The correct amount to be transferred needs to be entered and a notification of successful payment pops up within minutes, depending on the crypto. 

There is immediate settlement and leads to no trust issues or question regarding reliability and fraud. Future contracts can also be easily timed and executed absolutely hassle free. There is no payment delay.

Block chain technology removes all the trouble of third party approval that might be needed otherwise in case of traditional asset transfers.

 Middlemen, in their own interest, often delay the process and may drag it on for days which creates pressure on the smooth functioning of work and disrupts the flow of actions. One does not require a business account or a utility like withdrawal software.

Decentralized operations

Crypto currency is now taking over the traditional banking methods and that is a total makeover of the very basis of the existence of humanity as economy is the most crucial one out of the key pillars of society Crypto currency (Bit coin) is managed by its network of subscribers or users.

There is no third-party involvement and a dense grid of computer devices use block chain to keep the database of records fully safe. 

Thus, it is indeed, a decentralized process that is rapidly gaining fame and recognition. The network is evolved, exists and functions on a peer-to-peer or user-to-user basis.

There is no place for any middlemen in between. No information needs to be provided to the country’s Government or the central bank.

The mass collaboration of pseudonyms and anonymity keeps the service ongoing and active for millions of used present in different corners of the world.

Universal and international

Crypto currency is seriously recognized across borders and no one can say that your crypto currency is not money that can be used or is invalid currency. It can be used in any country and across countries to make the transaction faster, easier and more reliable. 

This can go a long way in giving just the needed boost to the economy of a country and subsequently aid in the development of the global economic status and structure.

Bill Gates has already claimed about Bit coin which is one of the crypto currencies that Bit coin is better than currency, where currency refers to fiat currency.

 In fact, what makes it more suitable for international use is that is not affected by country based exchange rates, transaction charges, interest rates or any other related charges which are applicable locally.

 It literally stands by the motto that each and every pence count. Thus, not a single penny is lost to the exchange rates and just the exact amount is sent over.

No external taxes and impositions, work greatly in the favor of crypto currency, which is also one of the most important and useful benefits of crypto currency.

In fact, this can also be made use of while travelling to top international destinations for business or pleasure, as the case may be. There is no central bank to define the strict rules of transactions. 

This is the age of fast forward where one desires to know the basic functioning of things and then go ahead in synchronization with time and learn consequently.

Less chances of fraud

Crypto currency methodology keeps track that no transactions once completed can be reversed. 

This makes the deal an ideal one and totally safe and secure from the traps of frauds who are always on the lookout for innocent victims who can be scammed or looted.

People are often worried about chargebacks. This means that once a transaction is shown as successful fraudsters try to reverse the transfer. 

This leads to huge losses to the recipients who often take time to register what just happened and by the time the terrifying realization dawns, it is already too late. Thus, crypto currency is a great means to make sure that there are no chargebacks.

Though those who have faced similar trouble in the past from traditional and old school banking means may take time to gain trust on crypto currency it is absolutely the need of the hour to upgrade to what’s new and reap the benefits as soon and as much as possible.

Internet use

The internet has connected the whole world and made it a small well connected family where distance may exist only in terms of lengthy kilometers, and those are in only numbers. 

Communication has been made easy and so has dealing. People now easily and instantly make networks to expand their businesses and means of work. Other key points to be noted here are:

Ø Crypto currency simply makes this easier by using a simple thing like the internet and internet based technologies. 

The internet has now become a source of crypto currency and exists in almost every household, be it the rich class of the society or the not so influential ones.

Ø There is least human intervention. However, the role of humans is also preserved as it would cease to exist if the network of users (humans) stops connecting and making transactions with each other.

Ø This also provides opportunities to those who do not know the utility of internet to learn about it. It is never too late to learn and crypto currency is a superb method to make the world more advanced, sophisticated, informed, active and educated.

Ø This has the potential to open a new world of transactions for people and various entities, and it warmly welcomes the future where everything is digitalized or based on the operations of machines and encryption technologies.

Advantages of using Crypto currencies

The key to make crypto currency a universal truth is to educate the younger as well as older generations, and people from all walks of life, about how it works and why they should avail of it immediately.

1.    Unlimited Transactions

In crypto currencies, you can pay using your wallet to anyone, anywhere and any amount. The transaction cannot be controlled or prevented, so you can make transfers anywhere in the world wherever another user with a crypto wallet is located.

2.    Peer-to-Peer Crypto currency Network

Crypto currencies do not have any master server to manage all transactions. Exchange of information is between 2-3 or more software clients. 

All installed by users’ program-wallets are part of a crypto network.

3.    Transparency

In crypto currency, every transaction recorded on the block chain. The block chain keeps information about everything.

 If anyone has publicly used the crypto address, then anyone can see how much crypto is owned. If the address is not publicly confirmed, then no one will ever know that it belongs to someone.

4.    Highly Secured

All your transactions will be secure as it is using cryptography. It is next to impossible for any person other than the owner of the wallet to make any payment from the wallet unless they were hacked, don’t worry there are many ways to protect yourself.

5.    No Inflation

Coins are limited to use and mine in crypto currencies therefore neither political force nor corporations able to change this order, there is no possibility for development of inflation in the system.

6.    Anonymity

In crypto currencies, you’re able to create an infinite number of wallets without reference to the name, address or any other information.

What are the Disadvantages of Crypto currency?

1.    lack of knowledge about crypto currency

Most people are not aware of how to use crypto currency and hence open themselves to the hacker. The digital currency technology is somewhat complex and therefore one needs to be mindful of it before investing.

2.    Not Accepted Widely

Though crypto currencies have earned quite a reputation in the eyes of digital traders but still they are not acceptable in countries and online websites, Very few countries have legalized the use of crypto currencies. It makes it unfeasible for everyday use due to a lack of acceptance.

3.    Strong Volatility

Crypto currencies having highly volatile nature since from the day it has come into the lime light of online trade. This is one of the main reasons mass adoption is taking longer than it should. 

Many corporations don’t want to deal with a form of money that is going to go through huge swings in volatility.

4.    Not Able to Reverse the Payment

If you mistakenly pay someone by using crypto currency, then there is no way to get a refund of the amount paid. 

All you can do is to ask the person for a refund and if your request is turned down, then just forget about the money.

 Since it seems to be such a good deal overall that is why there are still many individuals who do not make use of the fancy services provided by crypto currency.

5.    Large Risks of Investing in Crypto currency

Crypto investments are involved high risk because of its volatile nature and terrorist and other illegal activity financings, lack of a central issuer, which means that there is no legal formal entity to guaranty in case of any bankruptcy.

Well, the truth is that though these are the pros and cons ofcrypto currency, there are several till date who are unaware of the concept of digital money and digital currency. It sounds utopian or perfectly idealistic to them.

Though crypto currency has not been able to replace old banking techniques, it can be safely said that it is running fast and steadily in the world race and seems to be gaining speed each day.

 Like every coin has two facets, crypto currency too has its cons but the pros for sure outweigh the cons and make it an ideal means of conducting speedy, valid and secure transactions over miles as well as minutes. 

Thus, now wonder why we need crypto exchanges and relevant services and why their strength needs to grow yet further.

What are Crypto Exchanges?

Crypto exchanges are growing as there are such signals which are conductive of pro-crypto currency based development. 

There are estimated to be around 100 in strength per the latest records where crypto currencies can be traded. Just as currency exchanges or stock exchanges there are crypto exchanges for crypto assets as there are also for any other commodity as well.

For this, we may make thorough analysis of benefits of crypto so as to ascertain the demand and supply which would determine the need of crypto exchanges and other crypto based services. 

Almost all exchanges provide crypto wallet services as well where crypto currencies can be stored. A list of some of the popular and well-known crypto currency wallets are:

1.    Mycelium

Mycelium is a very good option for experienced or an advanced user who is hunting for a reliable Bitcoin digital wallet. The mobile wallet permits both the Android and the iPhone users to invest in the Bit coins and have a complete authority over the currency. There is no interference from any third party.

2.    Bread wallet

It is a simple mobile based Bitcoin digital wallet, where sending the crypto coins especially Bit coins is as simple as sending an email. You need to download the wallet from the Google Play Store or iOS app store because you will find no server to send and receive the Bit coins.

3.    Copay

Convenience is the term used while using the Copay wallet.  This wallet is considered as one of the best digital wallets available on the market. 

Its user-friendly interface can be easily accessed on desktop, mobile and the web. As it is a multi-signature digital wallet, funds can be transferred or shared between business partners and friends.

4.    Exodus

It is probably one of the unknown digital wallets that have an interactive and easy interface that can be accessed only on the desktop. The wallet supports the storing, receiving and trading of the Bit coins, lite coins, Doge coins, Ether and Dash. 

The in-built Shape shift exchange allows you to trade Bit coins for Altcoins and vice versa without the need to leave the wallet.

How to analyse Crypto currency v/s Fiat Currency?

Fiat currency is declared a legal tender by the government. It can either be represented electronically, as bank credit or take a physical form, i.e. paper currency and coins. It can be used for the payment of taxes and its supply is controlled by the government or central banks.

 On the other hand, crypto currencies supply is controlled by an algorithm or computer programming methodologies of encryption. In most places they cannot be used to clear taxes and is not a legal tender.

Apart from these differences, there are no major differences between the two. Both can be used as a medium of exchange, as well as for storing and transferring value. 

The value for both is governed by scarcity, work, demand, supply and other economic factors. Both can be used for purchase and can be traded on exchange.

There has been constant debate and arguments at the state, the national and the international levels regarding the acceptance and benefits of crypto currency. While some appear to be in favor of this new development there are also some who protest it and wish to stick to the traditional concept of money transfers and banking to handle the economic aspect of one’s life and country.

However one important question to be asked is that if people have such notions about it, why are there individuals who are making it big in the field of crypto currency?

There have been varied opinions such as crypto currencies being unreal money or crypto currency being unsafe. 

It is rightfully said that, what is persistent is change and this is why it is imperative to be up-to-date with how alterations in the society are taking place and what one must do to adapt and adjust to.

It must be noted and understood why it is growing rapidly as a preferred mode of making a livelihood and how its popularity can be used to one’s advantage.

 

 

Initial Public Offer & NEEQ, Issuance of legal opinions of Indian Subsidiary

 

1. The importance of verification of subsidiaries in India

The issuance of legal opinions by foreign lawyers against (planned) listed companies and (planned) new third board companies' main overseas affiliates has become a routine verification method. As the China Securities Regulatory Commission and the nationwide share transfer system become more stringent in review, it is relatively safe for (planned) listed companies and (planned) new third-board companies to hire foreign lawyers to issue legal opinions on overseas entities.

 

In recent years, as the political and economic relations between China and India have become better, the "Made in India" and "One Belt One Road" policies have set off an upsurge of Chinese-funded enterprises investing in India. 

For Chinese-funded enterprises that have landed or intend to land on the capital market in China, in the process of applying for listing or listing on the NEEQ, as well as major issues such as listed companies, NEEQ companies’ annual reports, major asset restructuring, etc. The legal opinion of the subsidiary or other major related parties of the company in India is very important.

 

2. Scope of legal opinions issued by Indian lawyers

The process of issuing legal opinions by Indian lawyers involves the verification of many aspects of the main company in India. According to Chinese laws and regulations and the requirements of intermediary agencies for diligence, legal opinions can cover the following:

 

i. Basic information

Company name, registration number, domicile, directors, date of establishment, share capital, etc.

 

2. Subject qualification

The company is a legal entity established and legally existing in accordance with local laws. There is no need to terminate in accordance with laws, articles of association or other matters, and it has the right to independently enjoy civil rights and assume civil obligations.

 

 

3. Business qualifications

a. Business scope and main business description, whether its previous changes since its establishment comply with local laws, regulations and the company's articles of association.

 

b. The compliance status of the company's business (whether it has obtained the qualification certificates required to conduct the business and the permission and approval of the local government or competent authority).

 

4. Ownership structure

a. A description of the company’s equity structure (names or names of shareholders, their respective capital contributions, capital contributions, share types) and the evolution of the company’s equity structure since its establishment.

 

b. The shareholder's description of the formation process (new establishment or transfer) of the company's capital contribution should cover whether the establishment or transfer procedure is effective, whether sufficient capital contributions or consideration have been paid, and whether all necessary government approval and registration procedures have been completed .

 

c. Whether the shareholder enjoys this part of the company’s equity in accordance with local laws, and whether he can exercise shareholder rights in accordance with local laws and the company’s articles of association.

 

d. The burden of the rights of the company’s equity held by shareholders (whether there is a pledge, custody or other third-party rights)

 

5. Foreign investment

Description of the company's branches and long-term foreign investment

 

6. Assets

The major assets owned by the company (quantity, model, net value, date of acquisition), the ownership of these assets (whether they are legally owned or leased by the company, and whether there are other third-party rights such as mortgages and guarantees).

 

7. Employment situation

Whether the company’s number of employees, wage standards, and social insurance payment status are in compliance with local labor and employment laws and regulations.

 

8. Other business compliance status

Whether the company complies with environmental protection, taxation, foreign exchange and customs supervision requirements, whether it has obtained approval documents from relevant government departments, and please comment on this one by one.

 

9. Major claims and debts

The company's current loans, loans and external guarantees during the performance period

 

10. Litigation, arbitration or administrative punishment

Whether there are current or potential lawsuits, arbitrations, government penalties, government investigations or other related procedures against overseas companies. If it exists, please give details.

 

11. Lawyers' Opinion

Other matters that require lawyers to express opinions on their legal compliance in accordance with local laws and regulations or regulatory requirements.

 

12. Taxation

According to Indian law, tax registration and other compliance details, as well as whether there are tax litigation, tax authority review details (if any) 

 

13. Environment

Whether the company’s production or business nature complies with Indian environmental protection laws and regulations; whether there are penalties issued by local authorities (if any)

 

 

India's cryptocurrency ban was ruled unconstitutional by the Supreme Court

March 4, 2020 is a historic day for the Indian crypto community. On this day, the Supreme Court of India finally made a ruling on the cryptocurrency ban against the central bank of the Reserve Bank of India (RBI). The court ruled that the Reserve Bank of India circular on April 6, 2018 (prohibiting financial institutions from providing banking services to cryptocurrency companies) violated the Constitution.

 

Supreme Court ruling: a big victory for the Indian crypto community

On Wednesday, the Supreme Court of India finally ruled on the bank ban imposed by the Reserve Bank of India. The Indian news platform Crypto Kanoon reported from the court: "The trial day has finally arrived." At 10:45 am India time, Crypto Kanoon tweeted:

 

Has Supreme court of India lifted RBI's ban on Cryptocurrency?

Heavyweight: The Supreme Court of India lifted the Reserve Bank of India (RBI) bank ban on cryptocurrencies. The court held that the Circular of the Reserve Bank of India dated April 6, 2018 violated the Constitution.

 

Since the Supreme Court of India decided to hear the case for the first time, the court finally concluded its debate against the Reserve Bank of India ban on January 28. 

The court heard the arguments of Ashim Sood, lawyer of the Internet and Mobile Association of India (IAMAI), Nakul Dewan, a lawyer representing several cryptocurrency exchanges, and Shyam Divan, a lawyer of the Central Bank of India.

 

The Reserve Bank of India (RBI) issued a notice in April 2018 prohibiting regulated financial institutions from providing services to cryptocurrency businesses. 

The ban took effect three months later, and banks subsequently closed accounts on cryptocurrency exchanges, forcing some of them to close, including Zebpay, Coindelta and Koinex.

 

India's cryptocurrency regulatory framework

The cryptocurrency community around the world has been eagerly looking forward to seeing how India will handle its cryptocurrency policy. 

Since February last year, the Indian government has been drafting a draft bill aimed at explicitly banning cryptocurrencies other than those issued by the state. 

An Indian Inter-Ministerial Committee (IMC) drafted the "Prohibition of Cryptocurrencies and Official Digital Currency Regulations 2019" whose task is to study all aspects of cryptocurrencies and provide recommendations for India's crypto policy. IMC is led by Subhash Chandra Garg, the former Minister of Finance of India, who has since resigned from that position. Despite this, he still believes that the "future of cryptocurrencies is short" and that they are "intrinsically worthless codes."

 

What does Indian law stipulates on digital currency by the RBI?

The bill also stipulates that the Reserve Bank of India can issue central bank digital currencies. Last December, Governor of the Bank of India Shaktikanta Das revealed that the Reserve Bank of India is already studying this area.

 He said: "When technology is developed with sufficient guarantees, I think the Reserve Bank will definitely consider this area seriously in due course."

 

Last February, Indian Finance Minister Nirmala Sitharaman received a draft encryption bill from IMC, but has not yet made a decision on it. The bill was originally scheduled to be introduced at the end of last year.

 

The bill was expected to be introduced in Parliament last winter, but it was not passed, and the government has remained silent since. 

The crypto community believes that the bill is flawed and has been seeking the government to re-evaluate the IMC recommendations. At the same time, the Reserve Bank of India and the Indian government have repeatedly confirmed that India has not banned the use of cryptocurrencies.

 

Is India's crypto industry booming?

Even with restrictions from banks, the Indian crypto community has found a way to continue buying, selling and trading cryptocurrencies. In order to continue to provide INR access to its users, many cryptocurrency exchanges have launched P2P transactions.

 

Several exchange service providers have recently issued announcements about their services. For example, the UK-based banking platform Cashaa has been expanding its operations in India and now offers free deposits and withdrawals. 

The company also plans to conduct a roadshow this month to prepare Indian cryptocurrency users for the next bull market. The global exchange Binance and the popular Indian exchange Wazirx joined forces, and the latter launched India's first IEO project.

 

In addition, Zebpay, once one of India's largest cryptocurrency exchanges, restarted on Monday before the Supreme Court’s decision. Earlier, shortly after the RBI 2018 ban took effect, the exchange closed its Indian business in September.

 

Indian Lawyers and Law Firms

The terms "compliance" and "compliance risk" are now becoming more and more familiar to Chinese companies. Many domestic companies have also established systems such as corporate lawyers or legal consultants to ensure that companies maximize their economic benefits. At the same time, it will not touch the "red line" of the law and cause damage to its interests.

 

In many cases, a company’s project requires a lawyer or a team of lawyers from a law firm to complete the project. For investing in India, limited by information, how to choose a reliable law firm is a big problem for Chinese companies.

 

Is current Indian Law Market open to foreign lawyers?

First of all, India’s current legal market is not open to foreign lawyers and law firms. If a any other country's citizen undertakes business in the name of a “lawyer in India”, it is definitely illegal. What's more, it is not possible to obtain an Indian work visa. Under the circumstances, hold a business visa or student visa to work illegally in India.

 Once seized, not only will they be deported, but the reputation of alien companies that accept legal services from them will also be significantly affected, and their projects will also have an irreversible impact. 

India also prohibits foreign law firms from setting up branches in India, especially law firms established in other countries under a unified brand, while setting up branches in India. There is currently no foreign law firm in India.

 

Does China allows foreign law firms to set up offices in India?

This is different from China allowing foreign law firms to set up representative offices in China, because when India joined the WTO before, it made a corresponding reservation (Reservation), which is the opposite of China. 

China allows foreign law firms to open representative offices in China. But it is forbidden for foreign arbitration institutions to come to China to establish representative offices (there has been a loosening recently). 

India allows foreign arbitration institutions to establish representative offices in India, and does not allow foreign law firms to establish representative offices in India.

 

The following timeline shows how this issue is handled in Indian legislation and judicial practice:

l In 1961, India passed the Lawyers Act, which stipulated that only members of the Bar Council of India can provide legal services in India, and members of the Bar Council of India can only be citizens of India.

l After India joined the WTO in the 1990s, a large number of foreign law firms sought to establish representative offices or service organizations in India. 

This behavior was considered to violate the provisions of the Lawyers Act of 1961, which caused a backlash from Indian lawyers.

At present, this case is still under appeal, and the direct result of this case is that no foreign law firm currently has a representative office or service organization in India.

In 2009, the Mumbai High Court ruled that all foreign lawyers should not engage in any legal practice-related activities in India.

In 2012, the Madras High Court passed a ruling that it considers that it is okay for foreign lawyers to visit India on a temporary basis to interpret foreign legal issues required by clients, and also allow foreign lawyers to go to India to handle foreign-related arbitration cases. 

This principle is called "Fly In Fly Out", which is the "fast in and out" principle.

l In 2018, the Supreme Court of India further explained the principle of "fast in and out" determined by the Madras High Court and clarified many issues.

In addition to restrictions on foreign-owned law firms, the Bar Council of India has recently also imposed requirements on accounting firms in India, prohibiting them from engaging in legal business, and has issued legal notices to EY, KPMG, Deloitte and PwC. 

The Big Four accounting firms in China issued a letter of inquiry, asking them to clarify the recruitment of lawyers to work under their subsidiaries. Because accounting and auditing firms are engaged in legal business, they are also prohibited by the Indian Lawyers Act.

 

Law market of India and China

Although the law stipulates that foreign law firms and foreign lawyers are not allowed to practice in India, India is, after all, an investment destination with rapid economic growth. There are still many Chinese lawyers and law firms willing to take risks and adopt various “disguise” methods in India. Practice, and the methods of disguise include but are not limited to:

 

1. Find an Indian to register a law firm, but it is actually under the control of the Chinese headquarters, that is, "selling dog meat with a sheep's head";

 

2. The Indian law firm and the Chinese headquarters have the same name and image logo;

 

3. Do not adopt the name of a law firm, but adopt the name of consulting company, consulting company, etc.

 

Regrettably, based on the regulations of the Indian Bar Association, the above behavior has long been judged to be illegal. For example, the Madras High Court ruled that there are only word processing, secretarial support, transcription services, proof reading services, and travel that do not involve legal opinions. 

Travel desk support is considered non-legal service. Other side-kick behaviors will result in penalties for violating Indian laws.

 

Therefore, if a Chinese law says that it has a branch or representative office in India, this statement must be problematic. Of course, in practice, many Chinese law firms will cooperate with Indian law firms in order to provide better services to clients.

 If the Indian legal affairs of a Chinese company also involve Chinese law business, for example, a Chinese company is a listed company, and its mergers and acquisitions in India need to comply with Chinese laws.

 In this case, Chinese lawyers are definitely needed. The firm is involved. Of course, in practice, there are also companies with strong internal legal teams or corporate lawyers that can directly connect with Indian law firms.

 

Since foreign lawyers and foreign law firms are prohibited from practicing in India, which means that any Indian legal business can only be done by Indian law firms

How do you find a reliable Indian law firm?

What Chinese companies can do is to go to the website of the Indian Bar Association to inquire about a law firm that is officially certified by India. Through the inquiry, it is clear whether the lawyer is a grass-roots team or a regular firm.

 

In addition, Chinese companies can also use the rankings of authoritative rating agencies such as Chambers & Partners to see how professional law firm ranking agencies evaluate alternative law firms. 

Of course, the most important thing is to consider whether it has more experience in undertaking Chinese customers and Chinese projects.

 

The service quotations of lawyers and other professional institutions are different, and their fees are related to their professional experience, scale, reputation, etc., but generally law firms will have their hourly rates, while Chinese clients generally ask for them An overall fixed cap cost (Fixed Cap). 

It is common for commercial cases (such as investment, mergers and acquisitions, etc.) to adopt capped and packaged fees, while in cases where the time for litigation, arbitration and other cases cannot be estimated, hourly fees are more frequently used. 

Generally, Indian law firms will specify some additional expenses (Out of Pocket Expenses, such as travel expenses, cross-border document delivery fees, cross-border teleconference communication fees, etc.) and taxes (such as services in India) in the contract. Taxes are borne by the client or paid by the law firm and then reimbursed by the client. 

Another point very different from China is that India prohibits risk agency, that is, lawyers are not allowed to charge legal service fees in the form of success fees. One thing needs to be understood by Chinese investors in advance.

 

In addition, since India is a federal country, many smaller Indian local law firms may not have the qualifications to practice in other states other than their registered address. Therefore, alien investors are choosing Indian local law firms It is also necessary to ask whether it is qualified to practice in the state where the investor intends to seek legal services. 

Of course, considering the convenience of the service, if the local major city has an office or branch, it is also worth considering for Chinese companies. Sub-items, such as having a branch or support team at the project site are still very useful for advancing the project. To give a simple example, when conducting land due diligence, the author once encountered the project site in Tamil, the southernmost part of India. 

In Tamil Nadu state, a large number of documents of the local land administration are made in the local language Tamil.

 If you choose a law firm that has offices in northern India (mostly in northern India), it will handle the land due diligence. There may be problems in file processing efficiency and accuracy.

 

In fact, compared with the investment amount and the project target amount, lawyers and legal fees are like a few dollars of parking fees, no matter how cheap they are, some people will think it is expensive, but suddenly a ticket is posted on the car, asking him to pay 200 yuan for illegal parking.

 When a fine is imposed, most people will feel that they would have been willing to pay 20 yuan for parking.

 When there is a problem with the project or the company, and it loses millions or tens of millions, it is discovered that the legal consultant fee of tens of thousands or even hundreds of thousands is really cheap and cost-effective compared with the loss, like a drop of water in the ocean. It is a pity that it is too late. It is the calmness and calmness that show the function of a lawyer, and the troubles that show the value of a lawyer.

 At present, the ability of China and India to obtain reliable information and distinguish whether projects are reliable is what many Chinese companies are not good at. 

So in addition to strengthening the company’s own legal team and business team’s understanding of India, the most important thing is to rely on Indian professionals to make a complete evaluation of the project before entering.