India Entry and Exit Strategies | Shift by MLegal
India Entry and Exit Strategies
India is one of the world's most dynamic economies — with its vast consumer base, growing digital ecosystem, and investor-friendly reforms. However, its legal, tax, and regulatory environment is also one of the most complex. At Shift by MLegal, we empower businesses, investors, and individuals with strategic India entry and exit solutions tailored for long-term success and full compliance.
Whether you are a foreign company looking to set up shop in India, an NRI exploring re-entry, or an investor planning a tax-efficient exit, our multidisciplinary team of lawyers, tax advisors, and regulatory experts is here to assist.
Why Entry and Exit Strategies Matter in India
India has:
- Multi-layered laws (FEMA, Companies Act, SEBI, RBI, Income Tax Act)
- Foreign investment restrictions by sector (FDI policy)
- Exchange controls and remittance regulations
- Complex capital gains and indirect tax provisions
- Mandatory filings and reporting under FEMA, RBI, MCA
Without strategic structuring, your India operations may:
- Face delays in incorporation and approvals
- Attract penalties for non-compliance with FEMA or taxation
- Incur avoidable tax on repatriation or exit
- Be exposed to disputes with Indian regulators or joint venture partners
- Our role is to ensure that none of this happens.
Our Services in India Entry Strategy
| Focus Area | Services Offered |
|---|---|
| Entry Route Advisory | FDI route, technical collaboration, franchising, joint venture, branch office |
| Entity Structuring | Pvt Ltd, LLP, Liaison/Branch Office, Wholly-Owned Subsidiary |
| Regulatory Approvals | FIPB (now DPIIT), RBI, SEZ, local state and municipal clearances |
| Banking & Forex Setup | Bank account opening, foreign remittance advice, export-import code |
| Tax Registration & Compliance | PAN, TAN, GST, TDS, transfer pricing setup |
| Contract & Employment Structuring | Drafting of commercial contracts, ESOP, employment, NDA, IP transfer |
Our Services in India Exit Strategy
| Focus Area | Services Offered |
|---|---|
| Tax-Efficient Exit Planning | Minimising capital gains and indirect tax on business or asset sale |
| Buyback, Merger or Slump Sale Structuring | Choosing optimal exit route for group restructuring or JV breakups |
| Repatriation Strategy | RBI-compliant methods for capital and income repatriation |
| Winding Up & Compliance Closure | Voluntary liquidation, ROC filings, clearance from Income Tax, GST, RBI |
| Asset Protection & Succession | Trusts, family offices, NRO to NRE restructuring for NRIs |
Ideal Clients for India Entry/Exit Strategy
- Foreign companies expanding into India
- Indian corporates receiving FDI or collaborating with global partners
- HNIs and family offices relocating or repatriating
- PE & VC funds investing in Indian startups or exiting existing portfolios
- NRIs and foreign nationals planning long-term stays or exits
India-Specific Legal Frameworks We Address
- Foreign Exchange Management Act (FEMA)
- Companies Act, 2013
- Income Tax Act, 1961
- RBI Master Circulars and Notifications
- FDI Policy (Press Notes)
- SEBI, DPIIT, MCA, GST Council notifications
Our Recent India Entry/Exit Transactions
| Client Type | Nature of Deal | Result Delivered |
|---|---|---|
| UAE Logistics Co | India market entry via WOS | Fully compliant FDI approval + tax-friendly holding structure |
| European MNC | Exit from Indian JV | Capital gains planning, slump sale structure, clean repatriation |
| NRI Family | Real estate exit and wealth repatriation | Conversion to NRE, FEMA clearance, UAE trust setup |
| Singapore VC | India startup portfolio exit | Hybrid share structure, DTA planning, Mauritius fund clean-up |
Why Choose Shift by MLegal?
- On-ground India regulatory expertise
- Multijurisdictional capability (UAE, UK, Singapore, Malta)
- Experience across 50+ India inbound/outbound matters
- Detailed FEMA and RBI guidance with robust documentation
- End-to-end advisory from entry to exit — legal, tax, immigration, business
Make Your India Strategy Bulletproof
Whether you’re entering or exiting India, Shift by MLegal ensures your roadmap is efficient, compliant, and future-focused.