Foreign Investment in India – Guidelines for calculation of total foreign investment in Indian companies, transfer of ownership and control of Indian companies and downstream investment by Indian companies
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Total foreign investment calculation rules redefine ownership and control consequences, triggering approval requirements in capped sectors. Guidelines define total foreign investment by aggregating direct and indirect foreign investment across multilayered Indian company structures, specify ownership (>50% beneficial ownership) and control (majority director appointment) thresholds, treat direct investment as non-resident investment and indirect investment as the foreign-held interest of investing Indian companies (with a 100% subsidiary exception), require government approval in capped sectors for establishment or transfer of ownership/control to non-residents, and impose downstream investment compliance, notification and auditor certification obligations.
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.
Total foreign investment calculation rules redefine ownership and control consequences, triggering approval requirements in capped sectors.
Guidelines define total foreign investment by aggregating direct and indirect foreign investment across multilayered Indian company structures, specify ownership (>50% beneficial ownership) and control (majority director appointment) thresholds, treat direct investment as non-resident investment and indirect investment as the foreign-held interest of investing Indian companies (with a 100% subsidiary exception), require government approval in capped sectors for establishment or transfer of ownership/control to non-residents, and impose downstream investment compliance, notification and auditor certification obligations.
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