Namaste Korea : January 2026 Edition

This annual roundup of the “Namaste Korea” newsletter provides an overview of key Indian legal and business developments in 2025 relevant to South Korean businesses and other organizations with India-related interests.
The newsletter includes recent legislative developments in India – including on data protection, labour and employment, insurance, and online gaming.
The newsletter also includes sector-specific updates, including in the aerospace and defence, tourism, healthcare, retail, gaming, media and entertainment, manufacturing, electronics, technology, and automotive sectors.


Insurance Laws Amendment Act, 2025

M&A Opportunities in the Indian Insurance Sector: Insurance Laws Amendment Act, 2025

To expand insurance coverage in the fast-growing Indian market, the Government has introduced several measures, including amendments to insurance laws and related foreign investment rules.
This note explores key changes introduced through such amendments, as well as the implications of such liberalized insurance regime on stakeholders, including the removal of foreign direct investment limits and other restrictive conditions, relaxations with respect to dividend repatriations, a framework for enabling mergers between insurance companies and non-insurance companies, and an expanded definition of “insurance business” to potentially include ancillary services.


co-lending arrangements

Co-Lending Arrangements: Collaborative Attempts to Bridge the Credit Gap

The Reserve Bank of India has issued an updated regulatory framework for co-lending arrangements between regulated entities (“REs”), which came into effect on January 1, 2026. The revised co-lending framework, which forms part of theReserve Bank of India (Commercial Banks – Transfer and Distribution of Credit Risk) Directions, 2025, Reserve Bank of India (All India Financial Institutions – Transfer and Distribution of Credit Risk) Directions, 2025 and Reserve Bank of India (Non-Banking Financial Companies – Transfer and Distribution of Credit Risk) Directions, 2025, each dated November 28, 2025 (collectively “2025 Directions”), significantly expands the scope of co-lending arrangements beyond priority sector lendingand to partnerships between all REs rather than only between banks and non-banking financial companies. The 2025 Directions also introduce critical operational requirements to co-lending arrangements, including enhanced disclosures, a blended interest rate, a minimum retention share of 10%(Ten per cent)for each co-lending partner, synchronized asset classification norms and an enabling provision for default loss guarantees by the originating RE. This note analyzes the key features of the regulatory framework for co-lending as contained in the 2025 Directions.


private trusts

Succession Planning through Private Trusts (Part 2): Implications under the Income Tax Act, 1961

In our series on “Succession planning through private trusts”, we explore the growing role of private trusts in smooth and cost-effective transition of wealth from promoters to their successors. In Part 1, we focused on the key aspects of the Indian Trusts Act, 1882. In this part, we outline certain implications under the Income Tax Act, 1961.


National Sports Governance Act

The National Sports Governance Act, 2025: Regulatory Developments and New Opportunities

TheNational Sports Governance Act, 2025(“Act”) marks a major milestone in reforming the regulatory framework for sports in India. For a long time, sports bodies in India have struggled with issues such as lack of transparency, internal disputes and irregularities in elections and administration. Previous government efforts to professionalize Indian sports through non-binding guidelines and directions have had limited impact.
The Act introduces a comprehensive legal framework for the recognition, governance and oversight of sports organizations in India. It establishes key institutions such as theNational Sports Board, National Sports Tribunal and National Sports Election Panel while mandating codes of ethics, safe sports policies, and transparency obligations under the Right to Information Act, 2005. By formalizing governance processes, the Act seeks to enhance accountability and professionalism in sports bodies, and build trust with investors and stakeholders. It creates a better environment for long-term commercial engagements, such as through leagues, affiliates and infrastructure, while aligning Indian sports with international standards.
This note explores the key provisions of the Act, its implications for existing bodies such as the Board of Control for Cricket in India, and emerging commercial opportunities through the corporatization of sports federations, public-private partnerships, data monetization, and convergence with the newly enacted Promotion and Regulation of Online Gaming Act, 2025


online gaming act

India’s New Online Gaming Law: Implications for the Gaming Ecosystem

The Promotion and Regulation of Online Gaming Act, 2025 (the “Online Gaming Act”) introduces a new regulatory framework for the gaming sector. The Online Gaming Act marks a significant shift in India’s approach to online gaming by recognizing and promoting e-sports and social games, while prohibiting all forms of real-money online games irrespective of whether they are skill- or chance-based. It extends in its application to both domestic and offshore operators targeting Indian users, as well as other participants in the gaming ecosystem such as financial intermediaries and advertisers.
The Online Gaming Act prescribes stringent penalties for non-compliance and establishes a central Gaming Authority with wide-ranging supervisory and enforcement powers.
This note analyzes the provisions of the Online Gaming Act, the regulatory and compliance risks for industry participants and its future implications.


Indian maritime laws

Charting a New Course: An Overhaul of India’s Maritime Legislation

India’s maritime sector has expanded substantially over the past 10 years. To improve upon the growth spurt, the Government has recently adopted five new legislations with the aim to modernize regulations, boost investment and streamline port operations. This note seeks to highlight certain key provisions introduced in these pivotal legislations and recent policy.


Alternative Investment Funds

The RBI’s New Directions on Investments by Regulated Entities in Alternative Investment Funds

In the past few years, the Reserve Bank of India (“RBI”) has issued directions to regulate investments by banks, non-banking financial companies and other regulated entities (collectively, “REs”) in alternative investment funds (“AIFs”). These regulatory measures have been primarily intended to curb evergreening of loans by REs, where REs substitute their direct exposure to debtor companies with indirect exposure by investing in AIFs that, in turn, have investments in such debtor companies.
Recently, on July 29, 2025, the RBI introduced the Reserve Bank of India (Investment in AIF) Directions, 2025 (“New Directions”), which increase regulatory oversight over REs’ investments in AIFs while also relaxing some of the prohibitions of the prior regime. The New Directions will supersede the RBI’s prior circulars on this subject, in relation to new investment commitments made by REs in AIFs. This note analyzes the New Directions, the improvements from the prior regulatory framework and the concerns that remain to be addressed.


M&A transactions in India

Financing M&A Transactions in India: An Overview

India has witnessed a sustained increase in domestic and cross-border mergers and acquisitions (“M&A”) transactions over the past few years. Despite global M&A activity being subdued this year, M&A deal volumes in India during the first half of 2025 saw an 18% increase in comparison with the first half of 2024. Multiple factors, such as large-scale digitization, favorable investor sentiment and increasing domestic consumption, have contributed to the significant interest of global investors to be a part of India’s growth story.
Acquisition financing, which refers to the process of securing capital to finance the acquisition of equity in another company, is critical to the success of M&A transactions. Such financing could be in the form of debt or equity, raised domestically or from offshore funding sources. In India, debt financing for acquisitions and, in particular, offshore debt, is highly regulated owing to various restrictions imposed by the Reserve Bank of India and Indian exchange control regulations. This note explores the principal funding routes available for financing inbound and domestic M&A in India and the key considerations for market participants when structuring such financing.


India's FDI regime

An Analysis of India’s FDI Regime from an Investor’s Perspective

The note examines foreign direct investment (“FDI”) as a significant driver for economic growth and globalization in India. Despite its growth, the legal regime governing FDI in India remains intricate, posing challenges for foreign investors seeking clarity and ease of doing business. This note delves into India’s FDI regulations, highlighting key issues such as a complex regulatory environment, protracted approval processes, and the challenges posed by sector-specific restrictions.
The note adopts an investor-centric perspective to analyze these barriers and explores how they affect foreign investment decisions. To address these issues, the note proposes certain solutions, including streamlining approval procedures, aligning sector-specific policies with global standards, and providing a clearer legal framework for dispute resolution. The objective of this note is to consider approaches that will enhance India’s appeal as an investment destination and promote sustained economic growth by recommending reforms that streamline the legal framework.