An entrepreneur while expanding and growing his/her business
abroad must take into account the basic legal framework of the particular
foreign country as well. It is necessary for him/ her to abide by such
laws and regulations in order to ensure efficient and healthy functioning
of the organisation and face the various challenges that he/ she may encounter
abroad.
In order to encourage capital inflows and provide safe
business environment for all investments abroad, many countries have entered
into bilateral investment treaties or agreements. Bilateral Investment
Promotion and Protection Agreement (BIPA) is one such bilateral treaty
which is defined as an agreement between two countries (or States) for
the reciprocal encouragement, promotion and protection of investments
in each other's territories by the companies based in either country (or
State). These bilateral agreements have, by and large, standard elements
and provide a legal basis for enforcing the rights of the investors in
the countries involved. The Government of India has, so far, signed BIPAs
with 58 countries out of which 49 BIPAs have already come into force and
the remaining agreements are in the process of being enforced.
In India, the most important law which regulates all foreign
exchange transactions including investments abroad is the Foreign Exchange
Management Act (FEMA),1999 . It is an investor friendly legislation which
aims to facilitate external trade and payments as well as promote an orderly
development and maintenance of foreign exchange market. Under the Act,
Reserve Bank of India (RBI) has been authorised to frame various rules,
regulations and norms pertaining to overseas investments in consultation
with the Central Government.
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