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Yearly Archives: 2021

Ajmera Law   →  2021
April 12, 2021
April 12, 2021

Continuously adapting to new ideas, regulating the market and protecting investors makes the United Kingdom the most favoured investment destination for global investors.

Author By Ajmera Law Group Categories Global Financial Markets

Tips for Indian business persons and start-ups to enter the UK market and expand their business across Europe!

  1. Why is London, UK, an important centre for the financial markets of the world?

Ans: The UK has almost 475 years of financial market history, which has undergone major changes over time to meet the demands of the market. At the same time, the UK as a country continues to protect investors by regulating the financial market and its players quite vigilantly.

The UK stock market has survived several wars and pandemics in the last 475 years. At the present time, it provides several platforms and products to attract investors not only from within the UK and Europe but also from around the world.

The UK financial market is evolving to keep up with the times and is far from being a stagnant market. It is a continuous work in progress.

In addition, the UK is in the GMT time zone, which makes it easy to follow Asian and North American markets during the same day. This also makes traveling to and from London easy around the world.

  1. Can you provide us with a brief history of the UK financial market and how the London Stock Exchange (LSE) came into existence?

Ans:  The Royal Exchange was founded by English financiers, Thomas Gresham and Sir Richard Clough, and was based on the model of the Antwerp Bourse. It was inaugurated by Queen Elizabeth I of England in 1571. At the time it was not accessible to stockbrokers because the elite class considered their behaviour as uncouth. Hence the trading of stock and commodities took place in the coffee houses of London.

Stocks grew and money was raised by the new companies and also the royal court. This was the start of organised trading in marketable securities in London, and perhaps the world.

In 1669, the Royal Exchange building was rebuilt and the exchange was re-established after being destroyed during the Great Fire of London in 1666. The Royal Exchange housed not only brokers but also merchants and merchandise. This was the birth of a regulated stock market.

It was in 1773 when a new and more formal “Stock Exchange” was opened in Sweeting’s Alley. An entrance fee was introduced on a daily basis and from then on, an annual fee was charged. However, as there were no trading guidelines, frauds were rampant.

On 18th May, 1801, the foundation stone was laid for a new stock exchange building. It was finished on 30th December of the same year and the words, “The Stock Exchange”, were incised on the entrance.

The first rule book of the stock exchange was introduced in February 1812 that gave detailed definition of ‘settlement and default’.

Between 1820 and 1840, the foreign market at the Exchange allowed for merchants and traders to participate, and the Royal Exchange hosted all transactions where foreign parties were involved. The constant increase in overseas business eventually meant that dealing in foreign securities had to be allowed within all of the Exchange’s premises. This was a boom period for the financial market in the UK, which eventually became an integral part of London.

After going up and down for almost 100 years, the UK stock market finally came into prominence after the Second World War and a new stock exchange tower was opened in 1972.

The year 1973 was a land mark year in the history of London financial market. Firstly, it was marked by the admittance of both women and foreign-born members on the floor. Secondly, during this year, the London Stock Exchange formally merged with the eleven British and Irish regional exchanges, including the Scottish Stock Exchange.

On 3rd January, 1984, the Financial Times and the Stock Exchange partnered together to launch the FTSE 100 Index. This is one of the most useful indices of all, and tracks the movements of the 100 leading companies listed on the Exchange.

In 1991, when the Governing Council of the Exchange was replaced by a Board of Directors drawn from the Exchange’s executive, customer and user base, the trading name of the Exchange was changed to, “The London Stock Exchange” (LSE).

From the above history, one can easily see how the LSE has continuously evolved over centuries and adapted to changing times to meet the needs of business persons and investors.

  1. What is the “Big Bang” in context of the London / UK financial market and stock exchange and what are the major changes that followed the same?

Ans: In 1986, the UK financial market introduced a series of changes. The term ‘Big Bang’ was coined to describe these deregulatory measures that included eradicating fixed commission charges, removing the distinction between stockjobbers and stockbrokers on the London Stock Exchange and changing the open outcry market to electronic trading platforms.

The Big Bang was followed by major developments in the LSE, such as, the launching of the Alternative Investment Market (AIM) for smaller companies to expand into international markets in 1995.

In 1997, Electronic Trading Service, popularly known as known as SETS, was launched to give speed and efficiency to the market. This was followed by the introduction of CREST settlement services in 2000.

In the year 2000, a very unique thing happened. The London Stock Exchange went public and became a listed company on its own stock market. LSE thus transferred its role as UK Listing Authority to the Financial Services Authority (FSA-UKLA).

EDX London, an international equity derivatives business, was created in 2003 in partnership with OM Group.

In 2004, the London Stock Exchange moved to a brand-new headquarters in Paternoster Square, close to St Paul’s Cathedral.

In 2007, the London Stock Exchange merged with Borsa Italiana, creating the London Stock Exchange Group (LSEG).

Once again we can see that following the ‘Big Bang’, other major changes were introduced by LSE to incorporate technology and meet the growing demands of the investors. Not only that, but in order to allow small and medium sized companies to raise funds at the LSE, more than one exchange was created. This made LSE the most popular exchange around the world and many foreign companies launched their IPOs and listed on LSE.

  1. What are the various trading platforms or exchanges on the London Stock Exchange?

Ans: There is the Main Market of LSE and it is divided in to three segments – Premium, Standard and High Growth Segment. Each exchange is designed to cater to different sizes and types of companies to raise capital.

Premium Main Market is for the world’s leading companies with potential to join the FTSE UK Indices.

Standard Main Market is for core European listing standards for international issuers.

High Growth Segment is designed for innovative, high growth companies allowing additional flexibilities.

On the other hand, Alternative Investment Market (AIM) is a platform for small and medium size growth companies in need of access to capital to realise their growth and innovation potential. Growing companies from around the world and at different stages of development can join AIM.

For each of these markets, one needs to fulfil entry, listing, trading and compliance requirements.

Hence, rather than having just one market and platform, there are several markets and platforms available for different companies where they can raise the capital. This gives investors the choice and option to invest in different companies depending on their type and size. The indices corresponding with each platform gives investors a fair indication of the movement of the market so that they can make an informed decision about their investments.

  1. What will be effect of BREXIT on LSEG and its members?

Ans: Procedurally, the UK will officially cease to be a member of the EU as of 31st December, 2020. If there is no trade deal before this date, the UK will automatically drop out of the EU’s main trading arrangements (the single market and the customs union). In view of a negotiation stalemate, LSEG has already prepared a contingency plan. London based CBOE has set up an Amsterdam hub, while London based Aquis Exchange has set up a Paris hub.

LSEG has also launched the Turquoise platform which will give access to 19 European stock markets from a single account. Through this platform, LSEG offers market participants – including retail investors, institutions and SMEs, access to Europe’s capital markets. This platform has won the Financial News 2015 Award for Excellence in Trading and Technology for the Most Innovative Trading Product/Service.

  1. What is the size of the LSE market and how has it performed before, during and after COVID-19?

Ans:  If we talk about the Main Market, it is home to around 1,100 companies with a combined market cap of £3 trillion. The FTSE 100 cap is 1.81 trillion. Before the start of the COVID-19 pandemic, the FTSE 100 Index was at 7610 points. During the pandemic, the performance of LSE plummeted like every other market in the world and it went down to 4993 points. UK stocks recovered in November 2020 and in December 2020, it went up to 6578 points.

On the other hand, the FTSE AIM 100 Index was at 4973 points before the pandemic and during the pandemic it went down to 3006 points. In December 2020, it recovered beyond the pre-pandemic time and went up to 5470 points.

The FTSE Techmark 100 Index was at 6100 points before the start of the pandemic. It went down to 3800 points during the peak of the pandemic. In December 2020, it bounced back to 6200 points.

However, in the coming months, two main factors are likely to affect the market. The first – the nature of deal made with the EU following BREXIT, and second – the resurgence of the current pandemic and the efficacy of the COVID-19 vaccine in controlling this resurgence.

  1. How much foreign investment has come into the UK in the past few years?

Ans: According to UNCTAD’s World Investment Report 2020, FDI inflows to the United Kingdom fell for the second year in a row, reaching USD 59 billion in 2019, compared to USD 65 billion in 2018 and USD 101 billion in 2017.

FDI stock in 2019 was about USD 2 trillion, compared to USD 1430 billion in 2018. The United Kingdom was the 8th recipient of global FDI flows.

The BREXIT process has raised concerns among some investors about the increase in trade costs with Europe and the volatility of the pound sterling.

London remains the financial capital of Europe, home to the European headquarters of almost 60% of companies on the Fortune 500 ranking. Furthermore, Great Britain maintains a strong currency, despite its recent depreciation, and the country remains one of the most important European consumer markets.

The United Kingdom was eighth out of 190 economies in the Doing Business 2020 ranking established by the World Bank, gaining a position compared to the previous year.

  1. How is the real estate market doing in the UK?

Ans: As the UK has one of the largest financial markets in the world, it is home to several multinational companies. It is also home to many rich and famous personalities of the world. Hence, after the financial market, the UK real estate market has become one of the most favoured destinations for foreign investment, both into commercial as well as residential properties. This makes the UK, and in particular the city of London, one of the most expensive real estate markets in the world.

As per the UK Statistic Department report, the UK is the biggest commercial real estate market in Europe, followed by Germany and France.

In the UK, commercial property investments have increased since 2016, reaching 512 billion British pounds in 2018. This dynamic of the market is impacted by multiple factors.

Unsurprisingly, London is the biggest office real estate market in the UK, with a total of over 270 million square feet of office stock as of the third quarter of 2019.

These processes also affect the residential sector; increasing demand and subsequently house prices around bigger cities, and thus, causing concerns about affordable housing. The average house prices in London at 479,000 British pounds were nearly twice as high as in South West England.

  1. How has the COVID-19 pandemic affected the real estate market in the UK?

Ans: COVID-19 has affected the market considerably and in order to encourage the residential real estate market, the UK government has introduced the Stamp Duty Land Tax (SDLT) holiday.

Under this holiday, both UK and foreign citizens will be exempt from paying stamp duty until 31st March, 2021.

UK real estate is an attractive asset for international buyers, particularly when we look at the top end of the market. For example, in 2019 alone, non-UK residents were responsible for over half (55%) of all prime central London (PCL) property transactions. Its historical resilience and rate of capital growth over long-term periods ensures consistent market demand for bricks and mortar in London.

COVID-19 has not dampened this demand, particularly when it comes to buyers based in Hong Kong, mainland China, and Singapore. According to Beauchamp Estates, the amount of Hong Kong and mainland Chinese investment it handled into PCL property between December 2019 and June 2020 totalled $374 million. It also found that this group of buyers accounted for 20% of deals above 10 million pounds in the capital.

On top of this, the political situation in Hong Kong is compelling investors in the jurisdiction to consider stable markets with assets that can deliver modest capital growth in the medium to long term. The PCL property market is a popular destination, and based on the current circumstances, there is good reason to expect an influx of investment from these investors in the coming months.

Additionally, during the pandemic, many ultra HNI investors who wanted to invest more than 5 million pounds saw a bargain in investing in the London residential market and the demand went up by 30%. Many brokers offering prime Central London properties witnessed the busiest summer months during 2020. Properties with asking price of 6 million pounds in the year 2019 were sold for 4.65 million pounds during the pandemic.

On the other hand, because of the travel restrictions, the influx of foreign investors to the UK was reduced considerably during the pandemic resulting in bargain prices for local buyers as well in the lower to middle range residential sector.

  1. How can Indian business persons and start-ups enter the UK market and expand their business across Europe?

Ans: Last year, the UK government introduced the UK Start-Up Visa program and the Innovator Visa program to attract entrepreneurs, innovators and start –up founders to the country.

Under the Start-Up Visa Program of the UK, any start-up in the world can present their innovative idea to a Home Office designated organisation. If the idea is accepted, the start-up can set up a company in the UK. In general, the business idea must be innovative, viable and a scalable business venture. Indian start-ups have a good prospect of qualifying under this program.

Under the Innovator Visa program, a revenue generating company having an innovative business proposal and ready to invest a minimum of 50,000 British pounds, may qualify for the Innovator Visa of the UK. The endorsing body must confirm that the business is active, trading and sustainable.

Obtaining this Innovator Visa can eventually lead to an indefinite right to live in the UK, and  subsequently to citizenship.

  1. What are the new announcements made by the UK government to attract international students and professionals?

Ans: As the UK moves towards BREXIT, the government has announced new immigration rules to attract international professionals to the UK. Under these rules, foreign nationals should have a job offer from a government approved UK company and meet education, experience, language, minimum pay and other security requirements.

There are two types of visas available for skilled workers and professionals:

  1. Temporary visa (Work permit)
  2. Permanent visa (Indefinite right to live in the UK)
  3. Does the UK have any investment based program for granting residency?

Ans: The UK immigration rules are set to attract investors, entrepreneurs, and people of talent. The investor category is designed to allow wealthy individuals, who make a substantial financial investment in the UK, to obtain permission from the UK to enter as an investor under the Tier 1 category.

It requires an investment of at least 2,000,000 British pounds either in British corporate bonds, share capital or loan capital in active and trading UK registered companies. This is one of the fastest and most secure ways to obtain UK residency. One can be approved in as little as 10 weeks!

March 23, 2021
March 23, 2021

Indian Supreme Court Prohibits Practice Of Law By Foreign Lawyers/Law Firms In India

Author By Ajmera Law Group Categories Headlines, Indian Regulatory Updates

Indian Supreme Court Prohibits Practice Of Law By Foreign Lawyers/Law Firms In India

(This judgment has a direct effect on foreign immigration lawyers, immigration consulting firm, and  real estate developers who wish to attract Indian HNI for residency and/or citizenship of respective country) 

The Hon’ble Supreme Court of India recently passed a crucial verdict that foreign lawyers/firms are not entitled to practice law in India either on the litigation or non-litigation side unless they fulfill the requirement of the Advocates Act, 1961, and the Bar Council of India Rules.

This was very high-profile case and global law firms, associations and many foreign entities were involved in this case which went on for 4 years.

This judgment has a far-reaching effect on the immigration industry and in particular Residency and Citizenship by investment practice in India.

As per the judgment foreign law firms/companies or foreign lawyers do not have an absolute right to practice law in India and they will be governed by the code of conduct applicable to the legal profession in India.

One of the arguments made was that lawyers means who are arguing cases before court, but the Supreme court made it clear that practicing of law includes not only appearance in courts but also giving of opinion, drafting of instruments, participation in conferences involving legal discussion. This regulatory mechanism of India for the conduct of advocates applies to non-litigation work also.

The Advocates Act of India 1961 and the Scheme in Chapter-IV of the Act makes it clear that advocates enrolled with the Bar Council of India “alone” are entitled to “practice law”, except as otherwise provided in any other law.

This means if any person or company or entity in India if is involved in the practice of giving advice of law whether foreign or local law are not entitled to do the same unless they are having license to practice as a lawyer in India and regulated by the Bar Council of India.

In my opinion, immigration agents and consultants in India who are not licensed and regulated and if they are giving legal advice of foreign immigration law are in violation of the Advocates Act of India.

Further observation and clarification made by the supreme court are more crucial.

  • First observation made by the court was, the prohibition not only applicable to any “person in India”, other than advocate enrolled under the Advocates Act, but certainly applies to any “foreigner” also.

 

  • Visit of any foreign lawyer on fly in and fly out basis may amount to practice of law if it is on regular basis. A casual visit for giving advice may not be covered by the expression ‘practice’. This means if the foreign lawyer is visiting in India on a regular basis to give advice to clients in India is likely to be in violation of the Act and subject to prosecution.

 

  • The third and final remarks made by court say all “If in pith and substance the amount of the service to practice of law, the provisions of the Advocates Act will apply and foreign law firms or foreign lawyers will not be allowed to do so.”

In view of the above, not only foreign lawyers but Indian or foreign immigration firm and companies,  registering as a company India and establishing the presence in India and if giving and advise on foreign or Indian law inducing immigration law are also in violation of the Advocates Act of India and subject to prosecution.

Based on this judgment, central bank of India including, the Reserve Bank of India (RBI) also came out with a special notification

“Establishment of Branch Office (BO) / Liaison Office (LO) / Project Office (PO)
or any other place of business in India by foreign law firms” which provided as follows.

  • No fresh permissions/ renewal of permission shall be granted by the Reserve Bank/ Indian banks to any foreign law firm for the opening of the Liaison Office in India.

 

  • The Hon’ble Supreme Court has while disposing of the case, held that advocates enrolled under the Advocates Act, 1961 “alone” are entitled to practice law in India and that foreign law firms/companies or foreign lawyers cannot practice the profession of law in India.

As such, foreign law firms/companies or foreign lawyers or any other person resident outside India, are not permitted to establish any branch office, project office, liaison office or another place of business in India for the purpose of practicing the legal profession.

 

In view this all Banks in India are directed not to grant any approval to any branch office, project office, liaison office or other place of business in India under FEMA for the purpose of practicing legal profession in India.

  • Further, the Indian bank shall bring to the notice of the Reserve Bank in case any such violation of the provisions of the Advocates Act comes to their notice.

The action by the central bank of India is also the first time I have seen and it has a far-reaching effect on residency and citizenship by investment practice in India.

January 1, 2021
January 1, 2021

Portugal : From an economic disaster to an economic success in just a decade!

Author By Ajmera Law Group Categories Global Financial Markets

Portugal: From an economic disaster to an economic success in just a decade.

An ideal location for Indian exporters and business persons to expand their business in Europe and South America

  1. What is the historical, political and economic background of the relationship between India and Portugal?

Ans: India and Portugal share a long history of 700 years of colonial rule which ended in 1961. Portuguese traders came to India and settled at various ports, eventually becoming their rulers. After 1961, there was no diplomatic and economic relationship between the two countries until 1975.

However, due to its colonial history, Portugal currently has 70,000 people of Indian decent – 7% of its total population of 10 million. Though Portugal is a small country, it is of great strategic importance in Europe; having inherently European roots and the cultural diversity of Latin America. For Indian business persons and exporters, it can be an ideal location to enter the European market as well as the South American market.

The histories of India and Portugal are closely linked. The current Prime Minister of Portugal, Mr. António Costa (born in 1961 in Portugal and a lawyer by profession), is of Indian origin. He was felicitated with the prestigious Pravasee Bhartiya Sanman award by President of India in 2017.

The former speaker of Portugal, Mr. Narana Coissoró, is also of Indian origin.

Apart from these personalities, there are quite a few notable politicians and business persons in Portugal who are of Indian origin.

  1. How strong is the Portuguese economy today?

 Ans: The mainstay of Portugal’s economy is tourism and the industries related to it. It constitutes 17% of the country’s economy. The economic crisis of 2008 had a devastating effect on Portugal’s economy and financial bailout was provided by the European Union so that the country could come out of its worst known economic setback.

Interestingly, the constructive measures implemented by the Portuguese government in the last 10 years have greatly revived Portugal’s economy, making it vibrant once again with a positive outlook.

  1. What measures has Portugal taken to revive its economy?

Ans: The Portuguese economy, bailed out by the European Union eight years ago, is currently booming. It is enjoying its highest economic growth in nearly two decades, fuelled by record tourism, an upswing in the housing market, a growing tech sector and strong exports.

Wharton finance professor Joao Gomes, a native of Lisbon, said that Portugal’s economic recovery is better understood in the context of the broader recovery across Europe, which he rated as “excellent.” Portugal has benefited from Europe’s economic recovery in a few ways: tourism, exports and increased domestic investment. These have helped reduce the unemployment rate from its peak of 17.5% in the first quarter of 2013 to 7.9% in the first quarter of 2018.

Some visible measures we see enacted include – reduction in government spending, reduction in VAT tax from 23% to 13%, giving tax exemption to foreign retirees and introducing the Golden Visa Program offering Portuguese residency to non-EU citizens, thereby providing access to the European Union market.

Rental laws have also been changed to allow landlords to renovate old buildings. The idea behind this was to create jobs within the community.

Though the Portuguese government is currently faced with huge debts, the future looks promising from several perspectives.

The country’s economic recovery has been noticed by EU and many economists around the world. The model adopted by Portugal is also being followed by other EU countries such as Spain, Greece and Ireland.

 How are the Portuguese financial markets faring in midst of all this economic turmoil?

Ans: As part of the pan European exchange since 2002, Euronext Lisbon is a stock exchange based in Lisbon, Portugal.

The Euronext Lisbon trades equities, public and private bonds, participation bonds, warrants, corporate warrants, investment trust units, and exchange traded funds.

The BVL General Index is the exchange’s official index, and includes all listed shares on the official market and settlement is T+2. Like most exchanges, it has derivatives as well. The trading hours are 8 a.m. to 4:30 p.m., Monday through Friday.

Interbolsa is Euronext’s Central Securities Depository and is a leading provider of Settlement and Custody Services.

Despite the strong economic performance and sustained reform momentum over the past few years, Portugal entered the COVID-19 crisis with undersized capital markets. These markets must now be mobilised to support a resilient, dynamic and sustainable recovery, according to a new OECD report.

The improved economic conditions in the country over the recent years have not translated into a rise in the use of capital market financing by Portuguese companies. At the end of 2019, there were only 47 companies listed on the Portuguese stock market, only a third of the number listed back in 1997.

Instead, companies heavily rely on bank financing, with very few using long-term bond markets. The picture for private capital markets is similar. In 2019, the Portuguese share of European private equity investments was less than half of its share in the GDP of the European Union.

  1. Why is real estate a very important market in Portugal?

Ans: In the year 2020, Portugal’s housing prices continued to rise strongly, amidst surging demand buoyed by low interest rates. Property prices in Portugal rose by 8.12% during the year to Q2 2020, slightly lower than the previous year’s 10.09% growth. On a quarterly basis, house prices fell slightly by 0.3% in Q2 2020.

The construction activity weakened in 2020, mainly due to the COVID-19 pandemic. In the first half of 2020, the number of licensed dwelling permits in Portugal fell by 4.1% to 11,259 units from a year earlier, after rising by 18.4% in 2019 and 43.5% in 2018, based on INE figures.

Rents and rental yields are good in Lisbon, at around 5.45%.

Due to the Golden Visa Program and renovation of old buildings, the housing and real estate market is further showing a strong growth in Portugal, mainly in Lisbon and Porto city.

This growth offers two opportunities for Indian HNIs and business persons. Those interested in exporting or expanding their business can invest in real estate in Portugal, obtain residency and then expand their business in the European mainland.

Indian real estate developers interested in entering the European real estate market can do so by undertaking small renovation projects in Portugal and then gradually increasing their presence in Portugal, and then subsequently in Europe. However, construction activities are regulated and licensed in Portugal. This may necessitate the presence of a local partner or a company who has all the required licenses and permits to undertake renovation projects or new development projects in Portugal.

  1. What are the programs under which Indian business persons and exporters can expand their business in Europe using Portugal as a base?

Ans: Under its Golden Visa Program, Portugal offers a variety of options for obtaining residency of Portugal. This residency status allows one to work, study or do business in Portugal.

Golden Residence Permit holders have access to free movement across all 26 Schengen countries and stays of up to 90 days in every 6 month period (from the date of entry) in these countries, which is a great advantage to foreign citizens who are usually subject to strict EU immigration regulations and visas when travelling to or across Europe.

This Golden Visa scheme aims to attract wealthy foreign investors, business persons and exporters as well as their families, to help re-launch the Portuguese economy. It is a great opportunity for non-EU investors to buy luxury holiday homes in renowned resorts, to carry out financial investments or to set up business ventures in Portugal.

Application for a Golden Visa can also be made from within Portugal. With extremely reduced minimum stay requirements, the Golden Visa is clearly one of the most attractive residency programs for aforementioned category of individuals in the world. It is an excellent program whereby business persons can conduct their business in the European mainland without having to stay there on a long term basis.

  1. What are the investment requirements to obtain residency of Portugal?

There are several passive or active investments options available.

One can choose to invest in one of the following investment options:

  1. Euro 500,000 in any real estate
  2. Euro 350,000 in a real estate which is 30 years and older
  • Euro 250,000 in a restoration of heritage building
  1. Euro 350,000 in a research and scientific activity
  2. Euro 1 million in financial instruments
  3. Euro 350,000 in Investment fund or Venture fund
  • No definite investment but create 10 jobs for local Portuguese persons
  • Euro 350,000 investment in a company that will create 5 jobs for a period of 3 years in the National Territory Region.

These investments are for a period of five years and the resident permit can be renewed every 2 years. This resident permit allows access to other Schengen areas of Europe for visits up to 90 days. At the end of 5 years, one can apply for permanent residency or choose to apply for citizenship. Citizenship of Portugal allows the person to live, work and do business in any Schengen country.

In each of the aforementioned investment categories, children under the age of 18 years can be included; if they are financially dependent on their parents, children up to the age of 25 years can also be included in the same application.

 How can obtaining Portuguese residency be beneficial to Indian exporters and business persons?

Ans: The main aim behind obtaining Portuguese residency is not to leave India and immigrate, but to create a bigger customer base for Indian products and services in Portugal and Europe. If you try to export goods from India, you need to go through the whole bureaucratic process (including cumbersome paperwork) and delivery of goods can take several days, weeks or months.

If you are a resident of Portugal, you can register a company in Portugal, purchase a warehouse and then distribute goods all across Europe within 2-3 days. You can receive payment in a local bank in Europe. Many exporters from China, Taiwan and Korea are doing business in Europe in this manner. If Indian business persons do not embrace this approach, they will soon be facing tough competition for exporting their goods to these countries from expat exporters. This is simply because importers in Europe will prefer local suppliers over Indian suppliers, unless their product or service is unique or unavailable locally.

  1. How can Indian SMEs do business in Portugal?

Ans: Successful Indian business persons can prepare a business plan that includes the nature of the potential business they plan to start, the type and amount of investment they are willing to make and how they can productively contribute to the Portuguese economy.

Based on this, they can apply for a resident permit at the nearest Portuguese Consulate. If the application is approved, they will be granted a 4-month visa to enter Portugal and start a business after obtaining a resident permit from Serviço de Estrangeiros e Fronteiras (SEF). This permit can be renewed every two years.

The business persons must be actively involved in the business and must not be absent from Portugal for more than 6 consecutive months or 8 interpolated months.

  1. How can Indian start-ups enter the Portuguese market and what are the opportunities?

Ans: Aligning with the EU’s policies, the Portuguese government has introduced a very vibrant and active start-up program to attract global start-ups that will use Portugal as a base to enter the European market.

Indian start-ups may present their innovative ideas to government approved incubation centers and if their ideas are accepted, the Portuguese government will allow these start-ups to apply for the necessary resident permit for a period of one year.

Once the start-up is established in Portugal, the entire ecosystem and the government’s support system will be accessible to the Indian start-up and they will be treated in par with Portuguese start-ups.

  1. Is Portugal a good destination for retirees?

Ans: Of course. Portugal has beautiful Mediterranean weather and is a favoured destination in Europe for retirees. Due to its low cost of living, high quality of life and low crime rate, it’s an ideal country to retire on the mainland of Europe.

In order to attract wealthy retirees to Europe, the government of Portugal has devised a special program. Under this program, applicants must show that they have sufficient income from investments or business operations outside of Portugal to financially support their stay in Portugal.

January 1, 2021
January 1, 2021

Canada – One of the best countries in the world to study, work, invest, do business or retire!

Author By Ajmera Law Group Categories Global Financial Markets

A perfect landing pad for Indian Start-Ups:

  1. Why has Canada become a popular destination among Indians in recent years?

Ans: Canada is a unique country that has implemented an open immigration policy since decades. Preceded only by the USA, Canada accepts the highest number of immigrants per year (275,000-300,000). Its immigration policy is progressive and immigrant friendly, which is why most students who go to study in Canada are able to receive immigration after their study. Its Federal Skilled Worker (FSW) program and Provincial Nominee Programs (PNP) are designed to attract the best qualified and educated professionals in the world. This openness has made Canada a very popular destination, especially amongst students and professionals.

There are other important reasons that make Canada an attractive prospect. These include:

  1. Canada has been consistently voted as one of the best countries to live in by various global agencies and for the right reasons. A very large country with a small population, Canada has abundant natural resources and is endowed with breathtaking natural beauty.
  2. Canadians value multiculturalism and human rights very deeply. It is country which is known for its human rights values and its empathy towards refugees.
  3. Canada is the largest trading partner of the USA. Because of the NAFTA agreement between Canada, the USA and Mexico, Canada is often used by many immigrants as backdoor entry point into the USA.
  4. Canada has some of the best and oldest universities and colleges in the world. The tuition fees charged by these top class institutions are quite reasonable when compared to similarly ranked institutions in the USA. This is due to the fact that educational institutes in Canada are funded by the government and most of them still operate as nonprofit organizations.
  5. Canada offers its citizens and residents a free universal health care plan. Its health care system is advanced and well-equipped.
  6. Due to free medical care, affordable education and housing, most Canadian cities offer a high quality of life coupled with a comparatively low cost of living.
  7. Canada is a world leader in many sectors such as forestry, fisheries, hydropower, aerospace, mining and natural gas. Recently large diamond deposits have also been discovered. Canada has the largest number of fresh water lakes in the world and fresh water is one of its biggest natural resources.
  1. Why does Canada attract so many immigrants from around the world?

Ans: To maintain its population and ensure consistent economic growth, Canada has devised an open and welcoming immigration policy. In general, it can be said that Canada aims to attract 1% of its population every year under different immigration programs. This is not only true for Canada, but also most western countries who wish to attract selected type and number of immigrants to their countries for various reasons. What we are witnessing today is a period of highest selective and elective migration that humankind has ever seen.

  1. How are the financial markets doing in Canada?

Let us first talk about the history of the Canadian stock market. Canada has three major stock exchanges – Montreal, Vancouver and Toronto. The most popular and well-known is the Toronto Stock Exchange. (TSX)

The Toronto Stock Exchange is based in Toronto which is the capital of the province of Ontario. TSX is the ninth largest exchange in the world by market capitalization. The exchange was started in 1850s.

This exchange operates from EY Tower in Toronto’s financial district.

The TSX is a wholly owned subsidiary of the TMX Group for the trading of senior equities. A broad range of businesses from Canada and abroad are represented on the exchange.

As I had mentioned in my previous article on the USA, a general perception is that stock market movements reflect the economy of a country. But nothing can be farther from the truth. In fact, stock market movements are dependent on the loss and gain on investment made by investors in the stock market.

After the onset of the COVID-19 pandemic, a rise in Canadian stock markets surprised many. The COVID-19 crisis has hit businesses of all kinds and sizes. However, SMEs do not trade on stock markets and they are the ones which are most affected. Companies that are on the stock market are doing reasonably well in Canada.

Tech companies in particular are doing very well. This is what is reflected in the market. In case of certain sectors, the COVID-19 situation has shown that bigger the problem, greater are the opportunities. In the present circumstances, tech companies are enjoying unbelievable growth as the physical world is gradually morphing into a digital and virtual one.

Furthermore, the Canadian economy was boosted by lower mortgage rates and stimulus packages introduced by the government to counteract the effects of the pandemic. This is what is reflected in the technology sector of the Canadian stock market which has shown a gain of almost 25%.

On the other hand, mutual funds (MF) and exchange traded funds (ETF) of certain sectors are not doing well. Investors have pulled out their investments from these products and reinvested the amount in tech companies.

  1. How is the real estate market in Canada?

Ans: There are more than 300,000 immigrants coming to Canada each year. Because of low mortgage rates, the Canadian real estate market is doing extremely well. It must also be noted that this market is well regulated and well managed, cutting the risk of extreme highs and extreme lows substantially.

The real estate markets of Vancouver and Toronto are doing exceptionally well, so much so that the municipalities of these two cities have introduced an additional 15% tax for foreign investors who wish to purchase real estate in these two metro cities. This is essentially to protect the interests of locals who can buy the same real estate at a cheaper price.

COVID-19 has had no significant effect on the housing real estate market in Canada but a noticeable shift has been seen in the commercial and industrial sectors. Tenants and occupants of these real estates are now asking for additional services (upgraded and more secure facilities) from building owners.

Some of the ideal opportunities to invest in real estate in Canada are student housing facilities around university campuses and senior citizen facilities (old age homes). These two types of housing facilities are doing extremely well in terms of rental income and property appreciation.

As per the Housing Association of Canada data published on 15th September, 2020, “home sales recorded over the Canadian MLS® Systems increased a further 6.2% in August 2020, raising them to another new all-time monthly record.

Unlike the previous two months in which activity was up right across the country, sales in August were up in about 60% of local markets. Gains were led by the Greater Toronto Area (GTA) and British Columbia’s Lower Mainland. With on-going supply shortages in so many parts of Canada, it is interesting to note that the GTA and Lower Mainland also saw a considerable amount of new supply become available in August.

Actual (not seasonally adjusted) sales activity posted a 33.5% y-o-y gain in August. It was a new record for the month of August, and the sixth-highest monthly sales figure of any month on record. Transactions were up compared to last August in almost all Canadian housing markets.”

  1. What are the opportunities for Indian multinationals and public limited companies in Canada?

Ans: Canada has always remained in the shadow of its more illustrious neighbor, the United States of America, and has always been considered as the second best option after the USA. Indian multinational companies and other big players have not yet taken advantage of the Canadian economic policies as much as they should have in order to enter the North American market.

A classic example of this is the information technology (IT) sector. Indian IT companies have entered the Canadian market pretty late as compared to their entry in the U.S. market.

 

Rather than using Canada as a base to serve American companies, the strategy used by Indian IT companies was exactly the opposite. They made USA a base to serve their Canadian clients. Most Indian IT companies are interested in manpower supply which was allowed in the USA but not in Canada under the existing visa rules. Hence Indian IT companies ignored Canada for a while and set up shop in the USA.

Indian IT companies could have established a base in Canada and served North American companies with much lower operating costs than the USA, but it was not to be.  Similarly, other Indian companies can use Canada as a base to serve the North American market under the North American Free Trade Agreement (NAFTA).

Though bilateral trade between Canada and India started many years ago with the Team Canada Mission in 1995 headed by the then Prime Minister of Canada, Honorable  Mr. Jean Chretien, India has still not established great trade links with Canada and vice versa.

  1. How can Indian SMEs enter into and conduct business in Canadian markets?

Ans: It is a fact that SMEs, unlike multinational companies, prefer to do business by themselves rather than appointing country managers and CEOs. In this situation we need to look closely at the business immigration rules of Canada.

Canadian states are known as provinces and there are 10 provinces and three territories in Canada. The Federal (Central) government of Canada and each of these provinces have their own business immigration programs to welcome SMEs of the world to Canada.

It is not possible to discuss all these programs here but suffice it to say that these programs are designed in a way to meet the economic and social needs of the country as a whole and the particular province in question.

In general if one meets the following requirements, there is a fairly good possibility of obtaining the necessary visa to do business in Canada.

These requirements are:

  1. Applicant must have net assets $500,000 CD and above (2.5 crores INR) in India in his/her name, including spouse’s assets. Family assets belonging to parents and siblings (in their name) are not acceptable.
  2. Applicant must have 2-3 years of business or managerial experience in a large corporation.
  • Applicant must be involved in a profit making business on a full time basis for at least 2 years.
  1. Applicant’s education level must be 12th grade pass and above.
  2. Applicant must have working knowledge of the English language.
  3. Applicant must undertake or should have undertaken a business exploratory trip to Canada.
  • Applicant must have the intention to start a business in Canada by purchasing an existing business or a franchise business or start a business in partnership with someone with a minimum investment of $200,000 CD or more in a rural area.
  • Applicant must prepare a detailed business plan of doing business in Canada and this should be related to his/her past business experience outside of Canada.

It goes without saying that one needs to provide extensive paper work to meet the above requirements.

  1. These requirements don’t seem very stringent. Then how come Indian SMEs are NOT taking advantage of these programs?

Ans: Indians SMEs are not taking advantage of these programs as one might expect to and there are several reasons why. Some of which include:

  1. Entering into a family business is inherently cultural to many Indian business communities. Such businesses do not operate with a business plan, and most often than not, are self-sustaining and do not need professional help. Hence, most SMEs do not have the necessary documents, paperwork and business plan that are needed apply for Canadian business visa.
  2. Most Indian business persons are not big risk takers, especially when it comes to getting out of their comfort zones. We cannot generalize but what I have observed is that established business persons are less of risk takers than novice ones who are ready to take a leap of faith. When we talk of successful business persons in countries like the USA and the U.K., we must remember that these individuals went to these countries as workers/sponsored family members and slowly worked their way up to establish themselves as successful entrepreneurs.
  • Rather than approaching qualified lawyers and related professionals to assist in entering the Canadian market, most Indian business persons prefer to consult an array of agents and consultants. Google search and the University of Whatsapp have become universal sources of information. Friends and relatives in Canada often become misplaced sources of guidance. Due to this (mis)information overload, Indian business persons often find themselves in a state of confusion regarding the true state of affairs.
  1. Many Indian SMEs wish to start/purchase a business in Canada that is very different from the one they have actual experience in operating and managing in India.
  2. There is a certain cost involved in the process as per international standards and many Indian SMEs are unwilling to pay for these costs.
  3. There are very few experienced and qualified lawyers in India who can advise and assist Indian SMEs to go global. The Indian market is dominated by unregulated professionals who give conflicting information, further complicating the matter.

During my two and a half decades of practice, I have observed that unlike Indian SMEs, SMEs of many Asian countries are taking full advantage of the aforementioned Canadian business programs and establishing their presence in Canada. Physical presence and know-how of doing business in Canada give a head start to these SMEs as compared to their Indian counterparts, especially in the field of import and export.

  1. What are the opportunities for start-ups in Canada?

Ans: There are tremendous opportunities for Indian start-ups who wish to enter the North American market. Canada is the first country in the world to introduce the Start-up Visa Program to welcome start-ups from all over the world.

The criteria to qualify under this program are very easy to fulfill.

A brilliant idea in any sector which can have commercial applications for Canada, the USA or the world and which is accepted by a Canadian government approved incubation center or angel investor or VC is the primary requirement.

English language requirement is also very achievable – minimum 5 bands in IELTS exam.

Up to five founders can apply under the same start-up idea.

If Indian start-ups need assistance, there is professional help available from Canada.

Following Canada’s example, 22 other countries in the world have introduced a start-up visa program to attract start-ups from the world over. Indian start-ups must definitely take advantage of these programs because there is no dearth of talent and ideas in the country.

Unfortunately, even many IT associations and VC associations in India are not aware of these Start-Up Visa Programs.

  1. Why should Indian investors invest in Canadian financial markets or real estate or even consider immigrating under Canada’s business immigration programs?

Ans: Why not, I ask? There are a number of reasons why Indian investors must seriously consider Canada as a potential investment destination.

  1. If as a parent you want your child to study in Canada, the first option I would advise you would be to consider immigration under Canada’s business immigration programs. This is because once you and your family become Canadian residents, your child will be entitled to free education until grade 12 and his/her post-secondary and university education fees will be reduced by 80%. As a resident of Canada, your child will have less difficulty in finding suitable employment during and after completing his/her education as compared to international students.
  2. In the event you are unable to take up residency of Canada for whatever reasons, your children can still study and stay in Canada. However, the cost of living and education has to be paid in Canadian dollars. Hence it will be prudent to invest in Canadian stock market or real estate and park your money in advance in Canada at lower exchange rates and reduce the currency fluctuation risk. In other words, you are doing personal hedging of dollars for your child’s education.
  • Investing in Canada also helps to reduce currency and political risk by diversifying the portfolio.
  1. Investing and saving in Canada may also assist your child in obtaining a student visa to Canada (if you do not want to opt for residency).

                    

  1. For studying in Canada, what are some important things we should know and keep in mind as parents and students?

Ans:  These are some of the important points to keep in mind:

  1. Plan early if you wish to send your child to Canada for higher education. Most parents start seeking advice after their children have passed 12th grade or after they have completed their Bachelor’s degree. This limits their options and choices.
  2. Post-Graduate Diploma (PGD….) is not equivalent to a Master’s degree program. It is a 2 or 3 year program, usually offered after a high school diploma (grade 12). It more or less like a Diploma program in India which can be undertaken after passing grade 10 or 12.
  • Understand the education system of Canada before applying for any particular program or at any particular education institution.
  1. After study in Canada, employment and residency are not automatic. There is a process to follow.
  2. There are number of other options available in Canada for study and / or settlement.
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