FOREIGN DIRECT INVESTMENT FOR INDIA
OVERVIEW
Overview: Foreign Direct Investment (FDI) refers to the investment made by a company or individual in one country in business interests in another country, in the form of establishing business operations or acquiring business assets. In India, FDI has been a significant driver of economic growth and development.
FDI ROUTES
FDI in India can be made through two main routes:
Automatic Route:
Investors can invest without prior approval from the government in sectors permitted under this route.
Government Route:
Investments in sectors not covered under the automatic route require prior approval from the government.
BENEFITS
- Economic Growth: FDI contributes to capital formation and job creation.
- Technology Transfer: It facilitates the transfer of advanced technology and management expertise.
- Boost to Exports: FDI can enhance India's export capabilities by establishing production facilities.
- Conclusion: The FDI policy in India aims to create a favorable investment climate while ensuring that the country's economic interests are safeguarded. With ongoing reforms and an expanding market, India remains an attractive destination for foreign investors.
FORMS
FORM :
- SECURITY CLEARANCE FORM DOWNLOAD HERE
- FDI CLARIFICATION FORM DOWNLOAD HERE
- ADDITIONAL INFORMATION IF RELATED TO PHARMACEUTICAL SECTOR DOWNLOAD HERE
- QUARTERLY COMPLIANCE REPORT PHARMACEUTICAL SECTOR DOWNLOAD HERE
- SOFT LOAN AS FDI DOWNLOAD LETTER FORMAT HERE
FDI POLICY
PROCEDURE FOR APPROVALS
- Filing of Application
- Internal Procedure for Approvals
- DPIIT will identify the concerned Ministry/ Department and thereafter, circulate the proposal within 2 days.
- In addition, once the proposal is received, the same would also be circulated online to the RBI within 2 days for comments from FEMA perspective.
- Proposed investments from Pakistan and Bangladesh would also require clearance from the Ministry of Home Affairs.
- DPIIT would be required to provide its comments within 4 weeks from receipt of an online application, & Ministry of Home Affairs (if applicable) to provide comments within 6 weeks.
- Pursuant to the above, additional information/ clarifications may be asked from the applicant which is to be provided within 1 week.
- Proposals involving FDI exceeding INR 50bn (approx. $ 775 mn) shall be placed before the Cabinet Committee of Economic Affairs.
- Final Approval
Once the proposal is complete in all respects, the same gets approved within 8-10 weeks depends upon the fulfil critarias and requirements.
DOCUMENTS REQUIRED FOR FOREIGN CURRENCY GROSS PROVISIONAL RETURN
- CS Certificate
- Declaration by the Authorised Representative of the Indian Company/LLP
- Pre and post shareholding pattern in the Indian company
- Copy of government approval (if applicable)
- Copy of the order of the High Court on the scheme of merger/ demerger/ amalgamation (if applicable)
- RBI approval on the amount of refund with respect to the amount of the issue (if applicable)
- Valuation certificate
- Approval letter (if non-compliant with the guidelines – if applicable)
- Relevant RBI approvals for an issue of equity shares against funds payable to the foreign investor
- FIRC/ Debit statement
- Know Your Customer (KYC)
- Board Resolution
PROHIBITED SECTORS
- Lottery Business including Government/private lottery, online lotteries, etc.*
Gambling and Betting including casinos*
Chit Funds
Nidhi Company
Trading in Transferable Development Rights (TDR)
Real Estate Business or Construction of farm houses**
Manufacturing of cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes
Sectors not open to private sector investment- atomic energy, railway operations (other than permitted activities mentioned under the Consolidated FDI policy)