soft landing platform

LEGAL DOCUMENTS

Consultancy Agreement

For hiring an employee or consultant

Use this agreement if your company wants to hire a resource on full or part time basis or wants to engage with a consultant to use their time for business reasons. 

consultancy-employee

Consultancy Agreement

For services

Use this agreement if your company wants to engage with a consulting organisation or agency of any kind to contract services.

consultancy-employee

One-Way Confidentiality Agreement

A one-way confidentiality agreement (also known as a unilateral non-disclosure agreement) covers situations where only one party is disclosing confidential information, with the other party receiving it. This is common when one company is the only one sharing confidential information. Use this draft if you are sharing information with the other party not otherwise.

nda - one way

Mutual Confidentiality Agreement

A bilateral NDA (sometimes referred to as a mutual NDA or a two-way NDA) involves two parties where both parties anticipate disclosing information to one another that each intends to protect from further disclosure. This type of NDA is common for businesses considering some kind of joint venture or merger.

nda - mutual

Distribution Agreement

Fixed fee

Use this agreement if your company and a distributor agree to the latter buying your product at a certain price and reselling it in the market at a higher margin where the margin profits are retained by the distributor. 

distribution-fixed

Distribution Agreement

Revenue sharing

Use this agreement if your company and a distributor enter a revenue sharing model where the earned revenue from a market are divided amongst the parties in accordance with a pre-agreed percentage. This agreement provides a higher incentive for the distributor to lead sales in the market.

distribution-revenue
consultancy-employee

Consultancy Agreement

For hiring an employee or consultant

Use this agreement if your company wants to hire a resource on full or part time basis or wants to engage with a consultant to use their time for business reasons. 

consultancy-services

Consultancy Agreement

For services

Use this agreement if your company wants to engage with a consulting organisation or agency of any kind to contract services.

Consultancy Agreement

For hiring an employee or consultant

Use this agreement if your company wants to hire a resource on full or part time basis or wants to engage with a consultant to use their time for business reasons. 

Consultancy Agreement

For services

Use this agreement if your company wants to engage with a consulting organisation or agency of any kind to contract services.

One-Way Confidentiality Agreement

A one-way confidentiality agreement (also known as a unilateral non-disclosure agreement) covers situations where only one party is disclosing confidential information, with the other party receiving it. This is common when one company is the only one sharing confidential information. Use this draft if you are sharing information with the other party not otherwise.

nda - one way

One-Way Confidentiality Agreement

A one-way confidentiality agreement (also known as a unilateral non-disclosure agreement) covers situations where only one party is disclosing confidential information, with the other party receiving it. This is common when one company is the only one sharing confidential information. Use this draft if you are sharing information with the other party not otherwise.

nda - mutual

Mutual Confidentiality Agreement

A bilateral NDA (sometimes referred to as a mutual NDA or a two-way NDA) involves two parties where both parties anticipate disclosing information to one another that each intends to protect from further disclosure. This type of NDA is common for businesses considering some kind of joint venture or merger.

distribution-fixed

Distribution Agreement

Fixed fee

Use this agreement if your company and a distributor agree to the latter buying your product at a certain price and reselling it in the market at a higher margin where the margin profits are retained by the distributor. 

distribution-revenue

Distribution Agreement

Revenue sharing

Use this agreement if your company and a distributor enter a revenue sharing model where the earned revenue from a market are divided amongst the parties in accordance with a pre-agreed percentage. This agreement provides a higher incentive for the distributor to lead sales in the market.

mutual confidentiality Agreement

A bilateral NDA (sometimes referred to as a mutual NDA or a two-way NDA) involves two parties where both parties anticipate disclosing information to one another that each intends to protect from further disclosure. This type of NDA is common for businesses considering some kind of joint venture or merger.

Distribution Agreement

Fixed fee

Use this agreement if your company and a distributor agree to the latter buying your product at a certain price and reselling it in the market at a higher margin where the margin profits are retained by the distributor. 

Distribution Agreement

Revenue sharing

Use this agreement if your company and a distributor enter a revenue sharing model where the earned revenue from a market are divided amongst the parties in accordance with a pre-agreed percentage. This agreement provides a higher incentive for the distributor to lead sales in the market.

overview: three routes to india

There are many ways to engage, when considering an expansion to the Indian market. This section dives into three different paths you may follow, depending on your level of commitment, risk and scope of your enterprise. See if the light, hybrid or full scale model is the right one for you – and scroll down to get a better understanding of the factors you need to consider for each.

light model

hybrid model

full scale model

Choose the right model for you

light model

Companies with little or no prior interaction with India, but wanting to explore the viability of the Indian market.

hybrid model

Companies with some presence in India, through clients, distributors or partners,  and looking to expand their sales

full scale model

Companies with a strong presence in India, and now looking to consolidate that foothold.

What are your existing partnerships in India?

light model

Very few or none

hybrid model

A few signed partnerships, distribution agreements, or active clients

full scale model

Active long term clients and/or partners with recurring revenue and high customer acceptance

What is your risk profile?

light model

Low – Looking to explore the Indian market

hybrid model

Medium – Aspiring towards further expansion.

full scale model

High – Aspiring towards permanent  presence

What are your goals?

light model

Assess viability, stakeholders, pricing and competition. Get a pilot, sale or strategic partner

hybrid model

Hire local representatives, set up sales and support teams

full scale model

Create long term India strategy, add in-house verticals, remove distance related barriers

What do you want to invest?

light model

Bare minimum, demand driven

hybrid model

Medium expenditure on sales teams, commission and third party agency fees for non-core functions

full scale model

Potentially high when setting up multiple offices or initiating local manufacturing

What is your HR allocation?

light model

All resources based in Denmark

hybrid model

Hiring a manager or country head to oversee India operations

full scale model

Employing functional heads and support staff to run entity independently

What are your existing partnerships in India?

Very few or none

A few signed partnerships, distribution agreements, or active clients

Active long term clients and/or partners with recurring revenue and high customer acceptance

What is your risk profile?

Low – Looking to explore the Indian market

Medium – Aspiring towards further expansion.

High – Aspiring towards permanent  presence

What are your goals?

Assess viability, stakeholders, pricing and competition. Get a pilot, sale or strategic partner

Hire local representatives, set up sales and support teams

Create long term India strategy, add in-house verticals, remove distance related barriers

What do you want to invest?

Bare minimum, demand driven

Medium expenditure on sales teams, commission and third party agency fees for non-core functions

Potentially high when setting up multiple offices or initiating local manufacturing

What is your HR allocation?

All resources based in Denmark

Hiring a manager or country head to oversee India operations

Employing functional heads and support staff to run entity independently

THE LIGHT MODEL

Assessing product market fit, new product development and expanding clientele via agents

Signing MoUs with sales consultants, distributors and strategic industry partners to pilot 

Sector experts: Individuals with sector specific insights and strong personal networks that can facilitate access to clients, partners and key decision makers

Distributors: Companies with a solid regional sales network and after sales team. 

Piloting: Mature SMEs and large corporations with R&D capabilities and infrastructure

Incorporation: No expenditure in this stage

HR investment: Usually no Indian payroll expenses

Inventory: Demand led and imported case to case, no local inventory unless there is specific demand

Commission/Fees: Recurring sales commissions and monthly retainers

Fixed assets: No capital goods needed

Regulatory: Low to Medium – Generally few approvals are needed, but this may vary according to sector, e.g. public sector or deep tech applications (healthcare, space, power, defence etc.). These requirements may also impact pilot projects.

Legal: Distributor agreements, partnership contracts, pilot MoUs

Admin: Outsourced support and after sales

Low (1-3 months)

Strategy: Low – Centralized Decision making usually based on agent feedback

Outsourcing: Medium – Local agents for sales and piloting activities 

Speed of execution: Low – Limited market awareness and activities led by third party agents.

Sign partnerships across different industry applications, adjacent geographies, complementary product categories

THE Hybrid MODEL

Rapid expansion post achieving market viability in India without taking on incorporation risks

Hiring country representatives and support staff for full scale business development

Country heads: Industry experts with end to end vertical leadership experience

Sales teams: Resources with proven business development capabilities in related industries

3P agencies: Outsourcing non-core functions like hiring, payroll, admin, legal and after sales service. Our partners at DI and TC can support you here or assist you with hiring the right agency.

Incorporation: No expenditure in this stage

HR investment: Salaries for country heads, sales teams

Inventory: Advisable to set up basic local inventory for faster turnaround

Commission/Fees: Recurring sales commissions, agency fees and hiring, marketing and legal costs

Fixed assets: No capital goods needed

Regulatory: Low to Medium – Generally few approvals are needed, but this may vary according to sector, e.g. public sector or deep tech applications (healthcare, space, power, defence etc.). These requirements may also impact pilot projects.

Legal: Employment contracts, marketing and agency contracts

Admin: Sales team operating expenses, customer support and after sales

Low (1-3 months)

Strategy: Medium – All important business decisions require central approvals, with some autonomy for country heads 

Outsourcing: High – Larger  sales team and all needed support for hiring, admin, marketing

Speed of execution: Medium – Some market traction has been achieved and expansion is driven by  reliant and incentivized sales teams

Set up an end to end sales network with complete customer support. Include more functional teams internally or outsourced teams running on central supervision

THE Full Scale MODEL

Establishing permanent presence with a long term view of building a strategy for India and potentially other Asian markets

Setting up legal entities and subsidiaries, and establish long term presence in India

Company incorporation: Setting up a subsidiary of the Danish entity to manage India operations. DI/TC can assist you in this process.

More info here: InvestIndia

Joint venture: Setting up joint entities with strategic partners for combined synergies and resources

Branch office: Setting up organizations to support activities besides trading and manufacturing. Usually not relevant for Danish companies. 

More info here: InvestIndia

Incorporation: Not very high, but cumbersome. Minimum capital requirements, stamp duty, registration etc.

More info here: InvestIndia

HR investment: Potentially high if all functional teams are set up internally

Inventory: Need proper inventory and warehousing, can import goods periodically

Commission/Fees: Sales incentives, advisory fees, and- marketing, legal and financial costs

Fixed assets: Potentially high if you set up local manufacturing

Regulatory: High: Compliance for incorporation, FDI inflow, RBI approvals, taxation.

More info here: InvestIndia

Legal:Registration, setting up a branch, audited financial reporting

Admin: Office expenses- (rent, lan etc), stamp duty, documentation

More info here: InvestIndia

Medium (3-6 months)

Strategy: High – All core and non-core functions need to be set up requiring deep insights and strategic decision making from management. 

Outsourcing: Low – Only  functions which are cheaper to run internally

Speed of execution: High – Strong market traction and   need for high quality hires to deliver on the demand

Achieve sound financial performance, expand geographically and build new products and services. Look at replicating similar model to other Asian markets

Support Organizations

The Confederation of Danish Industry (DI) and the Ministry of Foreign Affairs are physically present in India with offices in Mumbai (DI), New Delhi (Embassy) and Bangalore (Innovation Centre Denmark). 

The organizations provide Danish SMEs with a host of services including market access, incorporation and establishment, and access to strong local networks.

If you are interested in any of these services, you can reach out to: 

Embassy of Denmark in India

33 B, Dr. S.
Radhakrishnan Marg, Chanakyapuri
New Delhi 110021

INNOVATION CENTRE DENMARK, INDIA

Consulate General of Denmark
142, 4th Main Road
Defence Colony, Indiranagar
Bangalore 560038

Confederation of Danish Industry, India

DIBD OMII Consulting Private Limited
Town Centre 2, 3rd floor, Unit 305
Andheri-Kurla Road, Andheri East
Mumbai 400059

DIBD OMII Consulting Private Limited
512, Tower C, Rattha Tek Meadows,
Old Mahabalipuram Road, Rajiv Gandhi Salai,
Chennai, Tamil Nadu

India map - 4 cities

OTHER DOCUMENTS

Doing Business in India

Investor's Guide 2021-22

SDG Finance Initiative

access2innovation

IPR Awareness

Manual for Industries

India-Denmark Joint Action Plan

Green Strategic Partnership
export funding dk cover

Export-related funding instruments for Danish SMEs

December 2021
export funding dk cover

a guide to establishing presence in india

Grant Thornton

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consultancy agreement

For hiring an employee or consultant

Fill in your details to download the document

consultancy agreement

For services

Fill in your details to download the document

Confidentiality Agreement

One way

Fill in your details to download the document

Confidentiality Agreement

Mutual

Fill in your details to download the document

distribution agreement

Fixed fee

Fill in your details to download the document

distribution agreement

Revenue Sharing