The Ministry of Finance has published draft amendments to the Indian Insurance Companies (Foreign Investment) Rules, 2015, inviting public feedback for a period of fifteen days. The proposed changes aim to update the regulatory framework for foreign investment in the insurance sector. The draft rules propose to replace all references to the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2000, with the Foreign Exchange Management (Non-Debt Instrument) Rules, 2019. A key amendment is the change to Rule 3, which removes the specific foreign investment limit of 74% and instead aligns it with the limit “stipulated by the Insurance Act, 1938.” The draft also seeks to omit several rules related to foreign investment and ownership structures, including sub-rule (1) and (2) of Rule 4 and the entirety of Rule 4A. Notably, the draft introduces a new Rule 5, which states that foreign investment proposals will now be processed via the “automatic route,” subject to verification by the Insurance Regulatory and Development Authority of India (IRDAI). These amendments, once finalized, will simplify the process and align regulations with current financial laws.
MINISTRY OF FINANCE
(Department of Financial Services)
NOTIFICATION
New Delhi, the 29th August, 2025
G.S.R. 591(E).— Draft rules to amend the Indian Insurance Companies (Foreign Investment) Rules, 2015, which the Central Government proposes to make in exercise of the powers conferred by clause (aaa) of sub-section (2) of section 114 of the Insurance Act, 1938, read with sub-clause (b) of clause (7A) of section 2 of the said Act, are hereby published for information of all persons likely to be affected thereby, and notice is hereby given that the said draft rules will be taken for publication in the Gazette of India after the expiry of a period of fifteen days from the date on which the copies of the draft rules are made available to the public.
Objections or suggestions, if any, from persons likely to be affected may be addressed to the Secretary, Ministry of Finance, Department of Financial Services, Jeevan Deep Building, 3rd floor, Sansad Marg, New Delhi 110001.
Objections or suggestions that may be received from persons likely to be affected with respect to the draft rules within the aforesaid period shall be considered by the Central Government.
DRAFT RULES
1. Short title and commencement:
(1) These rules may be called the Indian Insurance Companies (Foreign Investment) Amendment Rules, 2025.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. In the Indian Insurance Companies (Foreign Investment) Rules, 2015 (hereinafter referred to as the principal rules), all references to Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2000 shall be substituted with Foreign Exchange Management (Non-Debt Instrument) Rules, 2019 (hereinafter referred to as the FEMA (NDI) Rules), and all references to FEMA Regulations 2000 shall be substituted with FEMA (NDI) Rules.
3. In the principal rules, in sub-rule (1) of rule 2,
(a) in clause (f), the words, brackets and figures “clause (i) of sub regulation (1) of regulation 5 of” and the word and letter “Regulation 6 of” shall be omitted.
(b) In clause (h), the words, brackets and figures “sub-regulations (2), (2A), (3) and (8) of regulation 5 of” shall be omitted.
4. In the principal rules, in rule 3, the words “to exceed seventy-four percent of the paid- up equity capital of such Indian Insurance Company” shall be substituted with the words “to exceed the limit as stipulated by the Insurance Act,1938”.
5. In the principal rules, sub-rule (1) of rule 4,
(a) clause (a) shall be omitted.
(b) clause (b) shall be omitted.
(c) Explanation shall be omitted.
6. In the principal rules, sub-rule (2) of rule 4 shall be omitted.
7. In the principal rules, rule 4A shall be omitted.
8. In the principal rules, rule 5 shall be substituted with the following, namely:—
“5. The Foreign Investment proposals of the Indian Insurance Company shall be allowed on the automatic route for the paid–up equity capital as stipulated by the Insurance Act, 1938 subject to verification by the Insurance Regulatory and Development Authority of India.”.
9. In the principal rules, in rule 7, the words, brackets and figures “sub-regulations (2), (2A), (3) and (8) of regulation 5 of” shall be omitted.
10. In the principal rules, in sub-rule (3) of rule 9, clause (ii), (iii), (v) and (vii) shall be omitted.
[F. No. 13011/19/2013-Ins.II]
PARSHANT KUMAR GOYAL, Jt. Secy.
Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide notification number G.S.R. 115 (E), dated the 19th February, 2015 and were subsequently amended by notification numbers G.S.R. 534(E), dated the 3rd July, 2015, G.S.R. 314(E), dated the 16th March, 2016, G.S.R. 619(E), dated the 2nd September, 2019 and G.S.R. 337(E), dated the 19th May, 2021.
