Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Second Amendment) Regulations, 2016 - 362/2016-RB - Foreign Exchange Management
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FDI policy reforms clarify ownership, control, downstream investment and sectoral entry routes, altering compliance obligations. Amendments clarify definitions and compliance for foreign investment in India by inserting a definition of Manufacture, redefining ownership and control (including LLPs and the right to appoint directors or designated partners), and tightening downstream investment and reporting requirements. Indian entities making downstream investments must notify authorities, comply with valuation and funding norms, and obtain annual statutory auditor certification of FDI conditionality compliance; investment vehicles and LLPs are subject to specified entry route, ownership tests and sectoral caps as reflected in revised Schedules.
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Amendments clarify definitions and compliance for foreign investment in India by inserting a definition of Manufacture, redefining ownership and control (including LLPs and the right to appoint directors or designated partners), and tightening downstream investment and reporting requirements. Indian entities making downstream investments must notify authorities, comply with valuation and funding norms, and obtain annual statutory auditor certification of FDI conditionality compliance; investment vehicles and LLPs are subject to specified entry route, ownership tests and sectoral caps as reflected in revised Schedules.
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