Legal structuring for Canadian infrastructure and energy investors in India.
A Canadian company entering infrastructure and energy in India operates under a defined regulatory frame: inbound investment under FEMA and the consolidated FDI policy, the activity-specific regime of the Electricity Act 2003, the model concession frameworks and FEMA, and the corporate, tax, employment and data obligations common to any operating company. The sectoral rules decide the entry route, the permitted shareholding and the licences, so they must be mapped before the structure is fixed.
AMLEGALS advises Canadian investors across the infrastructure and energy life cycle in India — entry structure and FDI route, sectoral licensing and approvals, commercial contracts, IP and data, and dispute resolution. We connect the sectoral regulation to the corporate and tax structure so the Canadian group has one coherent India position rather than disconnected advice.
Determining the entry vehicle, the automatic or government route and the sectoral cap for infrastructure and energy.
Securing the approvals and registrations required under the Electricity Act 2003, the model concession frameworks and FEMA.
Drafting the supply, distribution, manufacturing and services agreements for the infrastructure and energy operation.
Protecting and licensing the Canadian group’s technology and brands and securing India-created IP.
Building DPDPA and ongoing regulatory compliance for the India operation.
Managing regulatory, commercial and enforcement matters arising in the infrastructure and energy sector.
Yes, subject to the sectoral FDI position. Many activities are on the automatic route up to the applicable cap, while some require government approval or carry conditions. AMLEGALS confirms the route, cap and conditions under the consolidated FDI policy and the Electricity Act 2003, the model concession frameworks and FEMA before the structure is fixed.
The licences and registrations depend on the activity and are governed by the Electricity Act 2003, the model concession frameworks and FEMA. AMLEGALS identifies the full approval set at the outset so the timeline and sequence are built into the entry plan.
Most operating investments use a wholly owned subsidiary or, where an Indian partner is required, a joint venture. The choice turns on the sectoral cap, the need for local participation, control and exit. AMLEGALS structures it for both the sectoral rules and tax efficiency under the India–Canada DTAA.
Through the sector regulator’s mechanisms where applicable and through commercial arbitration or the commercial courts for contractual disputes. AMLEGALS drafts enforceable dispute clauses and represents the Canadian group if a dispute arises.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing. An initial discussion is confidential and is used only to understand the matter and assess fit.
Share the key facts for a confidential preliminary assessment of your India matter.