The H&S Japan Desk

 

The H&S Japan Desk brings together the Firm’s India-focused legal, regulatory and transactional capabilities to support Japanese businesses looking to establish, operate and grow in India. The Desk supports Japanese businesses navigating the Indian market—from market entry and establishment to ongoing operations and expansion—and also assists Indian companies pursuing joint ventures, collaborations and market opportunities in Japan. It serves as a single point of contact for sogo shosha, established Japanese groups and growing micro, small and medium enterprises entering India, while working closely with trade chambers, industry bodies and government agencies supporting Indo-Japan commerce.

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For businesses evaluating an India entry, we advise on India-entry structuring and market access strategy, including the choice between a liaison office, branch office, project office, wholly owned subsidiary, joint venture or LLP, with due consideration to the tax, exchange control and repatriation implications of each structure. Our FDI advisory covers sectoral caps, entry routes, pricing guidelines and government approval processes, alongside regulatory mapping and risk assessment tailored to the client’s specific sector, including manufacturing, automotive and auto components, engineering, chemicals, trading and distribution, financial services and technology.

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Once the appropriate India structure has been determined, we assist with the incorporation of companies and LLPs, establishment of branch and liaison offices, and the requisite registrations and approvals. We advise on corporate structuring and group restructuring, and draft and negotiate charter documents, shareholders’ and joint venture agreements, technology transfer and licensing arrangements, distribution and agency agreements, employment and secondment documentation for Japanese personnel deputed to India, as well as the broader suite of commercial agreements required to establish and operate an Indian business. Where the India entry is pursued through an acquisition, our corporate and M&A team supports the client through due diligence, transaction documentation and closing, with real estate and land acquisition support where a plant or facility is involved.

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As the India business develops, we provide retainer-based general counsel support and advise on compliance management across applicable laws, as well as compliance audits, risk assessment and remediation. Our advisory covers FEMA and Companies Act obligations, labour and employment matters, data protection under the Digital Personal Data Protection Act, competition law, intellectual property protection and enforcement, and cross-border commercial arrangements, including transfer pricing documentation support and related-party transactions. Where disputes arise, the Firm’s dispute management practice represents clients before Indian courts and tribunals and in domestic and international arbitration.

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Across these mandates, clients have access to a multidisciplinary team providing legal, regulatory and language support, with continuous coordination between the client’s India operations, in-house teams and Japan-based stakeholders. Our assistance continues beyond closing, covering ongoing compliance, regulatory monitoring, risk management and planning for the next phase of the client’s India strategy. From market entry to sustainable operations and growth, the Japan Desk helps Japanese businesses navigate India’s legal and regulatory landscape with greater clarity, confidence and commercial focus.

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