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Natabizs (n/a)     27 September 2007

US law applicable to Indian subsidiary

Dear members,

We are a US based IT company in Bangalore, The non-disclosure agreement we use has been prepared by the lawyers from the US office and is also used in the US office. The NDA states that the Agreement will be governed by the laws of the State of ΓÇ£CaliforniaΓÇ¥, without regard to the choice of law provisions thereof.
My question is, would the laws that govern the state of California be applicable to an Indian office as we are a subsidiary company to the parent?.
 
Please advice.


Learning

 3 Replies

Shambasiv (n/a)     27 September 2007

Certainly Indian laws are applicable to the Indian subsidiary company. For example laws relating to taxation, foreign exchange etc., labour laws etc., would certainly apply to the Indian subsidiary.

bobby_mvdr (n/a)     13 October 2007

I think you have incorporated a  company in India. In that case , California state laws are not applicable for indian employees. Since it is slightly different. You may have to mention that ""subject to Jurisdiction of Karnataka High court"". All other terms and conditions of NDA which do not  have conflict  with indian laws can be enforced in india  also.

 

VASU

Naganarasimhan (n/a)     18 October 2007

That agreement is governed by california laws not your company. Since i believe that your company in incorporated by Indian Laws it will govern only by Indian Laws and no other.

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