India

Atsumi & Sakai's India Practice Group (IPG) effectively provides a wide range of legal services by leveraging a unique combination of expert Japanese lawyers and a Partner admitted in India and who was previously a Partner with the largest law firm in Mumbai, the business capital of India. This combination enables A&S to provide legal, tax, regulatory and human resource related services to listed and mid-cap Indian companies investing and operating in Japan as well as to Japanese companies investing in India.

 

 

Overseas investment by companies from Japan to India:

The IPG provides comprehensive legal assistance for various matters including incorporation of a company, drafting and negotiating M&A and Joint Venture contracts, business contracts and advising on regulatory matters and obtaining business licenses in India. Some of the unique points about A&S are:

(i) Correct and latest information about Indian customs and market practices;

(ii) Good understanding of Indian rules, regulations and practice and appropriate risk appreciation of the Indian regulations;

(iii) Conduct efficient negotiations with counter-parties in India in the local Indian languages and in a manner appropriate for Indian circumstances;

(iv) Effectively assist and provide clear advice to Japanese companies regarding the development of their business in India based on a deep knowledge of the local market and business practices, which can be quite different from those prevalent in Japan;

(v) Understanding the regional and federal diversity of India and how it affects the business practices;

(vi) Utilize our extensive knowledge about Indian law firms and the lawyers within them and collaborate with the right experts depending upon the requirements of each matter; and

(vii) Assist in conducting background or reputation and credit check of Indian companies and sponsors (in a manner appropriate for Indian circumstances) by collaborating with local consulting firms.

The detailed IPG Flyer can be accessed here (in Japanese only).
 

 

Inbound investment to Japan by companies from India:

The IPG provides support to Indian listed multinational as well as mid-cap companies operating in Japan. We provide legal support to business by Indian investors, joint venture business, M&A, restructuring, dispute settlement, withdrawal, etc. Due to the inherent differences in working style and culture between Japan and India, the Indian companies can find it difficult to understand the legal, tax, regulatory and human resource regime in Japan. Some of the difficulties faced by Indian companies emanate from Japan’s employee-biased labour law regime.

 

The IPG helps Indian companies to smoothly develop their business in Japan by providing clear advice:

 

(i) on the differences in the way of doing business between India and Japan;

 

(ii) on the differences in the legal system in both countries, notably the labour laws and compliance issues; and

 

(iii) in a manner and language which the Indian companies can understand and with consideration to the practices which Indian companies are usually accustomed to.

 

A&S is one of the few big size foreign law joint enterprises in Japan where both foreign attorneys and Japanese attorneys are admitted as Partners. This unique combination helps in serving the foreign clients better as foreign Partners can actively participate in managing the relationships with foreign clients.

 

Further, A&S being a multi-service law firms can provide all services under one roof. Particularly important for a foreign company entering Japan are services such as establishing subsidiary or branch in Japan, representing Indian company in forming joint venture in Japan, corporate secretarial services (drafting minutes, corporate registration, maintaining regulatory compliance etc.), visa and labour matters, office lease, acquisition of real estate, dispute settlement. Like in India, A&S has a full-fledged corporate secretarial team headed by a Partner and assisted by attorneys and para legal staff.

 

A&S can effectively and better coordinate internally the various legal and business needs of an Indian company for the above reasons. This enables Indian companies to navigate the market in Japan with considerable ease.
 

Recommendations and Awards

In Japan

 

The Partners working on the India Practice Group have been consistently ranked as:

The Best Lawyers in Japan 2022
The Best Lawyers in Japan 2021

 

International

 

In August 2022, Atsumi & Sakai, Japan has been included as one of the top foreign law firms for India practice in a report published by India Business Law Journal*.  Atsumi & Sakai has been recognized as "Regional Firms to Watch". Please see here for details.

Included in the 2021 India Business Law Journal* in its intelligence report entitled “Mapping global expertise” which reveals the India-related achievements and activities of law firms around the world. Atsumi & Sakai is included in the report as one of 5 firms from within Japan to watch in the regional category.
 

Miho Niunoya has been recognized as one of Asia's Top 15 Female Lawyers for 2021 in Asian Legal Business (ALB)'s latest Award for her work and expertise.

 

In India

In India, Ashish Jejurkar (Registered Foreign Lawyer, Laws of India) has been consistently recognized for his client facing skills and solution-oriented approach by the RSG India Report.
 

Seminars and Publications:

The IPG conducts various training sessions and seminars within India and Japan for the Japanese companies and their employees. These are conducted jointly with organizations such as the industry chambers of commerce in India and Japan. Please see related links below for some of the recent publications of the IPG.

 

 

Related Newsletters

• “New Labor Laws in India” (March 1, 2021) [Japanese]
• “Frameworks for Resolving the Financial Distress Caused by COVID-19 in India” (December 24, 2020) [Japanese]
• “Latest Major Changes to Indian FDI Policy and IBC” (September 7, 2020) [Japanese]
• “Real Estate Investment in India - How to succeed?” (June 15, 2020) [Japanese]
• “Recent Developments in the Laws of India (from June to August, 2019)” (January 15, 2020) [Japanese]
• “The Indian Bullet Train Project - Latest Update” (December 9, 2019) [Japanese]
• “RBI’s New Structure for Processing Bad Debt” (December 2, 2019) [Japanese]
• “Foreign Direct Investment via Electronic Transactions” (September 6, 2019) [Japanese]
• “Background Checks - a must for Investing in India” (March 29, 2019) [Japanese]

 

Related Professionals