Outsourcing Consultants for USA
Companies Outsourcing to India
Rudyard Kipling, The Elephant's Child:
"I keep six honest serving men
(They taught me all I knew);
Their names are What and Why and When
And How and Where and Who."
I good consultant is the one who tells you the answers to
these six questions before you learn them the hard way.
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Madaan & Co. has helped
foreign companies in setting up there outsourcing operations and
joint ventures in India in various sectors, including IT, BPO,
KPO, manufacturing and other fields. We provide outsourcing
consultancy
including the following:
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Match Making
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Outsourcing Options & Planning
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Drafting Outsourcing
Contracts & Agreements
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Incorporating company, subsidiary, or joint venture
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Corporate Structuring & Tax planning
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Cultural Training
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Employee Agreements & Policies
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All other requirements in Outsourcing.
A careful tax
planning is required before opening a subsidiary, branch, joint
venture, project office or liaison office in India. We can help
you in corporate planning and setting up in India and other
countries.
Click here to Contact us
Our consultants & lawyers include those admitted to bar in
the United States of America and India. They
have undertaken legal maters in the USA, India
and Europe. They understand the multi-cultural
and the
multi-jurisdictional aspects of international business
in this age of globalization. They include those educated
at Harvard Law School, Harvard University in the
USA and premier universities in India. They believe in
high moral and legal ethics.
Click here to Contact us
See also
Doing Business with India Free Guide
|
FDI in India Sector wise Guide |
Formation of Subsidiary in India | Starting
a Business in India |
Opening Branch
in India
|
Incorporating company in India |
Procedure for Formation of Company in India |
Government Approvals for Investing in India |
Entry Strategies in India for Foreign Investors |
FIPB Approval for Foreign Investment in India |
RBI Approvals for FDI in India |
FDI
in Small Scale Sector in India Further Liberalized | Tax
Rates in India | Withholding
Tax Rates For Foreign Companies Doing Business In India Under
The Tax Treaties
|
Annual Corporate Filings in India
|
Joint Ventures in India |
Outsourcing to India |
Legal Outsourcing
Article on Outsourcing
Topics:
WHY OUTSOURCING CONSULTANTS ARE REQUIRED?
WHAT IS
OUTSOURCING
TYPES OF OUTSOURCING ARRANGEMENTS
OUTSOURCING CONSULTING STEPS
DRAFTING OUTSOURCING AGREEMENTS
SETTING UP OUTSOURCING IN INDIA
Why do companies need Offshore Outsourcing
consultants? Some benefits, that make hiring a consultant a
perfect business sense, are given below.
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They are objective to Customer Operations but
out of their Corporate Power Games. Very rarely we will find an
organizational power center in a consultant.
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They have been there done that and can
replicate it again for their customers and just as the customers
want it.
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They are clued in and can transfer skimmed
information and best practices.
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If moving offshore, they can behave as a
one-stop shop for entire Project Management.
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Local knowledge is yet another key that they
hold.
Evolving as they are, consultants have grown from simple
business sourcing companies for their centers in India to
companies that can provide end to end solutions for your needs
should you are headed offshore to India. There is a paradigm
shift here - a giant leap from Business Development Consulting
to Turnkey Project Management. The roles have changed the
following being prominent:
1. Facilitative: These guys are strong facilitators and
experienced practitioners who bring methodologies and local
knowledge with them. Will empower the group to level where
decision making is a snap. A facilitative consultant can easily
assist customers in getting work done for you.
2. Contributive: Normally a consulting team member. This entity
can be an objective and unbiased contributor to the solution;
may fill a gap in your team that cannot be filled from within
the organization; should be someone knowledgeable in your
industry. Will fill the group in with what's good, what's not
and what can be done. Mild. A contributive consultant will
generate enough information for customers to know what needs to
be done if you are going offshore.
3. Consultative: A subject matter expert with knowledge of
performance levels and best practices of similar organizations
and processes; able to perform specific tasks for the team. Will
take decisions in the perimeter drawn around their tasks. These
guys get a little cheesed off when other process loops from
other departments overlap and start having a bearing on their
area of expertise. Customers can expect this person to consult
objectively but in silos, for example, technology only.
4. Project Consultative: A consulting organization which can
source out end to end solutions for you, from regulatory, real
estate to stabilization of business operations. This breed can
be fearfully strong when it comes to negotiations. These are the
guys you need to look for if you are looking offshore to setup
your operations. This is technically a Project Management
interface which integrates various experts and function specific
executioners to ensure that customers are up and running as they
like it and as soon as possible.
Selection of a consultant will vary depending upon what your
objective is. If you are looking at outsourcing to a company
offshore, then you need someone who is capable of being a
facilitator. In case you want to create an offshore presence
then you need a turnkey project management consultant.
Outsourcing is the
contracting out of a company's non-core, non-revenue producing
activities to specialists.
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S uccess
in outsourcing can be expected when Outsourcing Agreements, Service Level
Agreements & Contracts are set up right and the parties know their duties
well.
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It differs from contracting
in that outsourcing is a strategic management tool that involves
the restructuring of an organization around what it does best -
its core competencies.
Two common types of outsourcing are Information Technology (IT)
outsourcing and Business Process Outsourcing (BPO). BPO includes
outsourcing related to accounting, human resources, benefits,
payroll, and finance functions and activities. Knowledge Process
outsourcing (KPO) includes outsourcing related to legal,
paralegal, and other highly skilled activities.
For more information on how to Draft Outsourcing Agreements
click here
Outsourcing arranges may
range from sub-contracting to joint ventures to co-opetition and
a long range in between. It depends on the needs of a company to
see what kind of arrangement bests suits it. An outsourcing
consultant can walk you through various options and help you set
up optimal outsourcing for your company in a cost-effective
manner.
How to Draft an Outsourcing
Agreement, BPO Agreement, KPO Agreement?
A good outsourcing
agreement is one which provides a comprehensive road map of the
duties and obligations of both the parties - outsourcer and
service provider. It minimizes complications when a dispute
arise. However, many a times people neglect to pay attention
while drafting an outsourcing agreement.
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O utsourcing
Agreements, Service Level Agreements & Contracts are a must. Lawyers who
understanding the work culture and legal environment of both the jurisdictions
should be involved in drafting Outsourcing Agreements.
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Before finalizing an
outsourcing agreement, the terms should be thoroughly discussed
and negotiated to avoid any misunderstanding at a later stage.
Lawyers from all applicable jurisdictions must be consulted
before finalizing any outsourcing agreement.
Before signing an
Outsourcing Agreement the following must be properly
addressed:
Duties and obligations of Outsourcer
Duties and obligations of service provider
Applicable law to outsourcing agreement
Term of the Agreement
Events of Defaults and Addressing
Dispute Resolution Mechanism them
Time limits
Location of Arbitration
Number of Arbitrators
Interim measures/Provisional Remedies
Privacy Agreement
Non-compete Agreement
Confidentiality Agreement
Rules Applicable
Appeal & Enforcement
Be aware of local peculiarities
Survival after Termination of the main agreement.
Every outsourcing agreement
should be modified as applicable under different circumstances.
One brush should not paint all the painting.
For more information on how to Draft Outsourcing Agreements
click here
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