INVESTMENT BY FORIEGN INDIVIDUAL

[DEEPAK SHARMA]

My Client have Private Limited company. a foreign people aks him his investment in my client's company.

my client will issue him share for his investment.

let me know: what is the limit of foreing invester, including procedue whether Foreign Curr. or in INR

 

[sanjeev bajaj]

Dear Sharma

This is big issue.

You have to see the FDI Policy.

Whether it is under Automatic Route and to what extent.

If not under automatic Route then approval from FIPB is required.

If under automatic route then informations to RBI is required and have to follow certain procedures.

Regards

SANJEEV BAJAJ

9811265595

 

[YAGAY and SUN]

Investment by non-residents other than NRIs / PIO

A person resident outside India other than NRIs / PIO may make an application and seek prior approval of Reserve Bank for making investment by way of contribution to the capital of a firm or a proprietorship concern or any association of persons in India. The application will be decided in consultation with the Government of India.

[RAJAN SUBRAMANIEN]

It all depends on the business of your client company. Depending on the business there are three categories. [i]. There are categories of business where foreign direct investment [FDI] is prohibited.[ii] categories of business where FDI is permitted upto certain percentage with prior approval of Foreign Investment Promotion Board [FIPB]. [iii] FDI is permitted automatically either fully or upto certain percentage [Called Cap On Investment] without any approval. In this case, after investment certain particulars are to be submitted to RBI and certain other particulars periodically. If the FDI is needed to exceed this cap, again, application has to be made to FIPB which may not approve of the same or approve the same with certain conditions.

Here FDI means Investment by foreigners or foreign bodies and Foreign Nationals but Persons of Indian Origin [PIO] and NRI Indian Residents.

 

[Alok Rudra]

Better refer Master Circular No. 15/2011-12, dated July 01, 2011 issued by RBI on Foreign Investment in India. Your will have your every answer. 

[puspanjali mishra]

This is comming under FDI under automatic route. This can be directely approached to the authorised bank. They will process the FDI proposal through RBI...

Upto 80% of the networth of the company can be invested equivalent currency in INR. Please do le me know if you need any assistance on this..

[Alok Rudra]

Dear Ms Mishra,

Without knowing the sector ...how come conclusion can be made FDI under automatic route. Kindly also ref your source of 80% of the net worth formual please. New Master corcular does not talk about any 80% net worth formula at all... may be possible some critical points I missed while going through the July 1, 2011 Master Circular FDI ... could you please guide me please where it is provided 80% net worth formula. 

 

Thanks & regards,

-----------------------------

Alok

AI Summary

Foreign direct investment rules determine sectoral route, approval requirement and reporting obligations, not ad hoc net worth formulas.
Foreign investment must be classified by sector to determine whether it is prohibited, allowed under the automatic route, or requires prior approval; automatic route investments are processed through the authorised bank with reporting obligations to the central bank, while investments exceeding prescribed caps require prior approval. Sectoral classification, applicable caps, and prescribed procedural steps in the July 1, 2011 master circular govern permissibility and the mode of investment, and ad hoc net worth percentage claims in the discussion are contested against that circular.