Hello Auditor

What is the legal framework governing joint ventures in India?

Companies Act, 2013

  • Governs incorporated joint ventures formed as companies.
  • Defines structure, governance, and compliance requirements.
  • Mandates board meetings, filings, and statutory audits.
  • Regulates directors’ responsibilities and shareholders’ rights.
  • Ensures transparency through financial disclosures.

Indian Contract Act, 1872

  • Applies to contractual joint ventures without a new entity.
  • Enforces the validity and terms of joint venture agreements.
  • Covers offer, acceptance, consideration, and breach.
  • Provides remedies for contractual violations or disputes.
  • Protects the rights and duties of each participating party.

Foreign Direct Investment (FDI) Policy

  • Oversees joint ventures with foreign investment.
  • Administered by the Department for Promotion of Industry and Internal Trade (DPIIT).
  • Regulates sectors under automatic and approval routes.
  • Requires compliance with sectoral caps and equity limits.
  • Subject to FEMA regulations and RBI notifications.

Income Tax Act, 1961

  • Governs taxation of joint venture entities and partners.
  • Defines rules for profit distribution and tax liabilities.
  • Applies transfer pricing norms in international JVs.
  • Requires separate tax filings for incorporated entities.
  • Covers withholding taxes and expense deductions.

Competition Act, 2002

  • Prevents anti-competitive practices in joint ventures.
  • Regulated by the Competition Commission of India (CCI).
  • Monitors abuse of dominance and cartel formations.
  • Requires approval for combinations above thresholds.

Ensures fair competition and consumer protection.

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