Doing business in India continues to provide enormous opportunities with great potential, yet is fraught with its own set of special challenges and it is critical to be conscious of the risks involved. Those risks include understanding the scope of applicable anti-corruption laws (foreign and domestic) and their enforcement. India’s anti-bribery laws are enshrined in the Prevention of Corruption Act which aim to combat corruption in dealing with public officials and now covers both bribe-givers and takers.
Our practice consists of providing advice on issues spanning the full anti-corruption and compliance spectrum which includes conducting forensic investigations, formulation and implementation of compliance programs, representations before domestic and international regulators and administrative agencies – for example, Central Vigilance Commission, Securities Exchange Board of India, Central Bureau of Investigation (the agency responsible for investigating and prosecuting corruption cases) and US Securities and Exchange Commission. We routinely counsel on issues that arise from transborder activity, be it preparing business courtesies guidelines for companies and their employees or providing on-site training to the employees on relevant, surrounding issues. We understand where risks may exist and assess if internal controls need to be modified factoring ground realities. All programs are tailored factoring in the specific needs and requirements of each client, and their long-term business objectives. Additionally, the lawyers are also experienced in conducting specific FCPA/POCA audits and due diligence of targets for clients in connection with potential M&A activity.
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