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        FEMA

        Regulation 5 - Prohibition on Direct Investment Outside India

        Foreign Exchange Management (Transfer or Issue of Any Foreign Security) Regulations, 2004

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        Prohibition on direct outward investment: residents barred from overseas direct investments without RBI approval; real estate and banking investments barred. Regulation 5 prohibits any person resident in India from making direct investments outside India except as allowed by statute, subordinate rules or directions, or with prior Reserve Bank approval; it also expressly disallows any Indian party from making direct investments in foreign entities engaged in real estate business or banking business.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Prohibition on direct outward investment: residents barred from overseas direct investments without RBI approval; real estate and banking investments barred.

                              Regulation 5 prohibits any person resident in India from making direct investments outside India except as allowed by statute, subordinate rules or directions, or with prior Reserve Bank approval; it also expressly disallows any Indian party from making direct investments in foreign entities engaged in real estate business or banking business.


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