FDI

Basic of FDI or Foreign Investment under NDI Rules

Fema / RBI - Till 16th October, 2019, Foreign Investment was governed, by RBI in consultation with Central Government, by Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2017, called as TISPRO. Pursuant to amendment made in FEMA through Finance Act 2015, Central Government is empowered to mak...

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Prior govt approval needed for FDI from countries sharing land border with India

Fema / RBI - Even the minute investment from countries sharing land border with India shall require prior approval from government…??? Impact on Indian Economy. It is expected that the government will soon issue more stringent guidelines w.r.t investment from countries sharing land border with India. Amid Covid-19 and rising tensions at the India-Ch...

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Can A Foreign National Start A Business In India Without Being A Resident?

Fema / RBI - A Foreign National can start a business in India without being a Resident and one can setup up a new business in India in any of the following ways: A. Limited Company (Private Limited/Public Limited Company) B. Limited Liability Partnership (LLP) C. Branch Office or Liaison/Representative Office, Project Office A. LIMITED COMPANY A non-r...

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FDI under NDI Rules i.e. Foreign Exchange Management (Non-debt Instruments) Rules, 2019

Fema / RBI - For a country where capital is not readily available, Foreign Direct Investment (FDI) has been an important source of funds for companies. Under FDI, overseas money, either by an individual or entity, is invested in an Indian company FDI in India is regulated by the Foreign Exchange Management Act, 1999 (FEMA) and the master circular/ [&h...

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India Takes Step to Smooth Progress of FDI in Defense Sector

Fema / RBI - Indian regulators have proposed relaxing restrictions for certain foreign direct investments (FDIs) in Indian domestic defense companies to promote investment in India and boost domestic manufacturing in the defense industry. The government of India on September 17, 2020, formally proposed to increase the permitted ownership by non-Indian...

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Foreign Direct Investment Inflow

Fema / RBI - Foreign Direct Investment (FDI) is a major driver of economic growth and an important source of non-debt finance for the economic development of India. It has been the endeavor of the Government to put in place an enabling and investor friendly FDI policy....

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Shifting of Base to India by MNCs

Fema / RBI - Several multinational companies have evinced their interest to shift their base into India across different States in sectors such as Electronics, Retail, e-Commerce, Automotive, Food Processing, Textiles etc. ...

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Checklist of documents to be submitted for FDI approval

Fema / RBI - Checklist for documents to be submitted at concerned authorities for FDI approval 1. Certificate of Incorporation of the Investee & Investor Companies/Entities* (Investee company may be a proposed entity and may not be incorporated) 2. Memorandum of Association (MOA) of the Investee & Investor Companies/Entities* 3. Board Resoluti...

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Cabinet permit Foreign Investment in Air India Ltd by NRIs

Fema / RBI - Union Cabinet, chaired by the Prime Minister, Shri Narendra Modi has approved to amend the extant FDI Policy to permit Foreign Investment (s) in M/s Air India Ltd by NRIs, who are Indian Nationals, upto to 100% under automatic route....

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FDI inflows into India remained robust in 2018-19 

Fema / RBI - India’s FDI inflows in 2018-19 remained strong at USD 64.375 billion marking a 6% growth over the previous year. The Finance Minister proposed the following steps to further consolidate the gains in order to make India a more attractive FDI destination:...

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Consolidated FDI Policy (Effective From October 15, 2020)

DPIIT File Number 5(2)/2020-FDI Policy - (15/10/2020) - Department for Promotion of Industry and Internal Trade Ministry of Commerce and Industry Government of India Consolidated FDI Policy (Effective from October 15, 2020) Government of India Ministry of Commerce Sr Industry Department for Promotion of Industry and Internal Trade (FDI Division) Consolid...

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Govt approves amendment in FDI Policy on Defence Sector

Press Note No. 4 (2020 Series) / DPIIT File No.: 5(8)/ 2020-FDI Policy - (17/09/2020) - Press Note No. 4 (2020 Series), reviewing Foreign Direct Investment (FDI) Policy in Defence Sector Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry has issued Press Note No. 4 (2020 Series), reviewing Foreign Direct Investment (FDI) Policy in Defence...

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Foreign Exchange Management (Non-debt Instruments) Amendment Rules, 2020

[F. No. 01/05/EM/2019-Part (1)] [S.O. 1278 (E)] - (22/04/2020) - Provided that an entity of a country, which shares land border with India or the beneficial owner of an investment into India who is situated in or is a citizen of any such country, shall invest only with the Government approval:...

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Govt restricts FDI from Countries with which India share Land Border

Press Note No. 03 (2020 Series) - (17/04/2020) - A non-resident entity can invest in India, subject to the FDI Policy except in those sectors/activities which are prohibited. However, an entity of a country, which shares land border with India or where the beneficial owner of an investment into India is situated in or is a citizen of any such coun...

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Review of FDI policy on Coal & Lignite, Contract Manufacturing, Single Brand Retail Trading, Digital Media

Press Note No. 4 (2019 Series) - (18/09/2019) - DPPI has reviewed Foreign Direct Investment (FDI) policy Coal & Lignite, Contract Manufacturing, Single Brand Retail Trading, Digital Media sector vide Press Note No. 4 (2019 Series). Government of India Ministry of Commerce & Industry Department for Promotion of Industry and Internal Trade ...

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Recent Posts in "FDI"

Basic of FDI or Foreign Investment under NDI Rules

Till 16th October, 2019, Foreign Investment was governed, by RBI in consultation with Central Government, by Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2017, called as TISPRO. Pursuant to amendment made in FEMA through Finance Act 2015, Central Government is empowered to mak...

Read More
Posted Under: Fema / RBI |

Prior govt approval needed for FDI from countries sharing land border with India

Even the minute investment from countries sharing land border with India shall require prior approval from government…??? Impact on Indian Economy. It is expected that the government will soon issue more stringent guidelines w.r.t investment from countries sharing land border with India. Amid Covid-19 and rising tensions at the India-Ch...

Read More
Posted Under: Fema / RBI |

Foreign Direct Investment Inflow

Foreign Direct Investment (FDI) is a major driver of economic growth and an important source of non-debt finance for the economic development of India. It has been the endeavor of the Government to put in place an enabling and investor friendly FDI policy....

Read More
Posted Under: Fema / RBI |

Can A Foreign National Start A Business In India Without Being A Resident?

A Foreign National can start a business in India without being a Resident and one can setup up a new business in India in any of the following ways: A. Limited Company (Private Limited/Public Limited Company) B. Limited Liability Partnership (LLP) C. Branch Office or Liaison/Representative Office, Project Office A. LIMITED COMPANY A non-r...

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Posted Under: Fema / RBI |

Consolidated FDI Policy (Effective From October 15, 2020)

DPIIT File Number 5(2)/2020-FDI Policy (15/10/2020)

Department for Promotion of Industry and Internal Trade Ministry of Commerce and Industry Government of India Consolidated FDI Policy (Effective from October 15, 2020) Government of India Ministry of Commerce Sr Industry Department for Promotion of Industry and Internal Trade (FDI Division) Consolidated FDI Policy Circular of 2020 Subject...

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FDI under NDI Rules i.e. Foreign Exchange Management (Non-debt Instruments) Rules, 2019

For a country where capital is not readily available, Foreign Direct Investment (FDI) has been an important source of funds for companies. Under FDI, overseas money, either by an individual or entity, is invested in an Indian company FDI in India is regulated by the Foreign Exchange Management Act, 1999 (FEMA) and the master circular/ [&h...

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Posted Under: Fema / RBI |

India Takes Step to Smooth Progress of FDI in Defense Sector

Indian regulators have proposed relaxing restrictions for certain foreign direct investments (FDIs) in Indian domestic defense companies to promote investment in India and boost domestic manufacturing in the defense industry. The government of India on September 17, 2020, formally proposed to increase the permitted ownership by non-Indian...

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Posted Under: Fema / RBI |

Shifting of Base to India by MNCs

Several multinational companies have evinced their interest to shift their base into India across different States in sectors such as Electronics, Retail, e-Commerce, Automotive, Food Processing, Textiles etc. ...

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Posted Under: Fema / RBI |

Govt approves amendment in FDI Policy on Defence Sector

Press Note No. 4 (2020 Series) / DPIIT File No.: 5(8)/ 2020-FDI Policy (17/09/2020)

Press Note No. 4 (2020 Series), reviewing Foreign Direct Investment (FDI) Policy in Defence Sector Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry has issued Press Note No. 4 (2020 Series), reviewing Foreign Direct Investment (FDI) Policy in Defence Sector. The decision will take effect f...

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Checklist of documents to be submitted for FDI approval

Checklist for documents to be submitted at concerned authorities for FDI approval 1. Certificate of Incorporation of the Investee & Investor Companies/Entities* (Investee company may be a proposed entity and may not be incorporated) 2. Memorandum of Association (MOA) of the Investee & Investor Companies/Entities* 3. Board Resoluti...

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Posted Under: Fema / RBI |

Foreign Investment Approval Route: You Can Make It!!!

DIPP issues standard operating procedures to decide fate of FDI under approval route -System of approving foreign investment proposals in India by an inter-ministerial body is now officially replaced with approval by distinct administrative ministries / departments in accordance with the standard operating procedure issued by DIPP. -Forei...

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Posted Under: Fema / RBI |

FDI in Startup Companies & Issue of Convertible Notes

Article explains FDI IN STARTUP COMPANIES. It explains General Meaning of Start-up, Legal Meaning of Start-up, Types of Instruments Issued by Start-ups, Convertible Note which can be issued by a start-up. Article further explains conditions to comply for Issue Of Convertible Notes To Person Resident Outside India, Eligible Person For Maki...

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Posted Under: Fema / RBI |

FDI in E-commerce 

The Indian retail industry has emerged as one of the most dynamic and fast-paced industries due to the entry of several new players. It is not only a form of business but more a mode of earning of livelihood for tens of millions of people in the Country. India’s e-commerce market has witnessed a phenomenal growth […]...

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Posted Under: Fema / RBI |

Amendments in FDI policy and FEMA due to COVID-19

Foreign equity investments in an Indian company are bound by the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (‘Rules’) and Foreign Direct Investment (‘FDI’) policy issued by the Ministry of Finance and Ministry of Commerce and Industry respectively (together referred as ‘Government’). As per the said Rules, ...

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Posted Under: Fema / RBI |

India tweaks FDI policy to curtail opportunistic acquisition of firms in midst of COVID-19

In a press note gave on April 17, the Department for Promotion of Industry and Internal Trade (DPIIT) has said the modification of the FDI strategy is intended to control ‘artful takeovers/acquisitions of Indian organizations because of the current COVID-19 pandemic’. The way that the amendment is explicitly intended to hav...

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Posted Under: Fema / RBI |

A Knight in Shining Armor against Opportunist Takeover OR Capitulation for Growth

The Government of India revised the Foreign Investment Policy foreseeing the threat of opportunistic takeovers due to the COVID-19. Knight Shield against Opportunist Takeover, 'a non-resident entity can invest in India, subject to the FDI Policy except in those sectors/activities which are prohibited....

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Posted Under: Fema / RBI |

Decoding FDI and FPI from Neighbouring Countries of India

On April 17, 2020, Department for Promotion of Industry and Internal Trade came up with an amendment in Foreign Direct Investment Policy, 2017 vide Press Release No. 3 (2020 Series) in order to shield the corporates from hostile acquisitions which may arise due to downward trend in the share prices of the Company. The experts […]...

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Posted Under: Fema / RBI |

Setting up subsidiary outside India

With the advent of Globalization, more and more Indian companies are interested in doing business outside India. They want to set-up a branch office or a subsidiary abroad. There are multiple benefits of doing so such as cost reduction because they save on import duty, ease of doing business, building an international brand etc. Overseas ...

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Posted Under: Fema / RBI |

Foreign Exchange Management (Non-debt Instruments) Amendment Rules, 2020

[F. No. 01/05/EM/2019-Part (1)] [S.O. 1278 (E)] (22/04/2020)

Provided that an entity of a country, which shares land border with India or the beneficial owner of an investment into India who is situated in or is a citizen of any such country, shall invest only with the Government approval:...

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Right move to protect interest of Indian firms through FDI restrictions

Right move to protect interest of Indian firms and their stakeholders through FDI restrictions by GoI The constantly increasing Covid-19 pandemic has cast a shadow on the Indian and as well as global economy, which was already reeling under pressure by the US-China trade war. This shock comes at a particularly unfortunate time for India, ...

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Posted Under: Fema / RBI |

Foreign Investment from China to fall under Government Route?

The Indian Government has always taken steps towards promoting foreign investor interests’ in the Indian businesses. Past initiatives such as Make in India, Start-Up India programs are live examples of attracting foreign investors to the Indian business market....

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Posted Under: Fema / RBI |

FDI Rules amended to curb opportunistic takeovers of Indian Companies

Government of India changes FDI Rules to curb opportunistic takeovers of Indian Companies. Change in Foreign Direct Investment (FDI) policy for curbing opportunistic takeovers/acquisitions of Indian companies due to the current COVID-19 pandemic During the ongoing global pandemic of COVID—19, stock markets across the world had crashed. ...

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Posted Under: Fema / RBI |

Govt restricts FDI from Countries with which India share Land Border

Press Note No. 03 (2020 Series) (17/04/2020)

A non-resident entity can invest in India, subject to the FDI Policy except in those sectors/activities which are prohibited. However, an entity of a country, which shares land border with India or where the beneficial owner of an investment into India is situated in or is a citizen of any such country, can invest only under the Governmen...

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Foreign Direct Investment (FDI) in Proprietorship/ Partnership Firms

For a country where capital is not readily available, Foreign Direct Investment (FDI) has been an important source of funds for companies. Under FDI, overseas money, either by an individual or entity, is invested in an Indian company. Moreover, FDI in India is now a boom since the Government of India has opened up the […]...

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Posted Under: Fema / RBI |

Foreign Direct Investment in Limited Liability partnerships (FDI in LLPs)

Limited Liability Partnership are the best way other than companies where the investment made can be withdrawn by the Designated Partners/Investors which had been invested by them as Capital Contribution or by way of withdrawal of Profits. Since, in companies the capital contribution can be withdrawn by way of bye back of shares or by [&h...

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Posted Under: Fema / RBI |

LLPs and FDI in India

The concept of LLP, introduced in India through the Limited Liability Partnership Act, 2008 has become a popular form of business entity in India owing to its simplified procedures for registration and maintenance. LLPs allow many of the small and medium-sized to enjoy a separate legal entity, improve transferability and provide its promo...

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Posted Under: Fema / RBI |

FDI in Information Technology sector

Indian IT industry is one of the fastest growing industries in the country. It comprises of software industry and information technology enabled services (ITes), which even includes business process outsourcing (BPO) industry. It is considered as a pioneer in software development and a leading destination for IT- enabled services. Indian ...

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Posted Under: Fema / RBI |

Cabinet permit Foreign Investment in Air India Ltd by NRIs

Union Cabinet, chaired by the Prime Minister, Shri Narendra Modi has approved to amend the extant FDI Policy to permit Foreign Investment (s) in M/s Air India Ltd by NRIs, who are Indian Nationals, upto to 100% under automatic route....

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Posted Under: Fema / RBI |

Foreign Companies- FDI, Name Rules, Notary, Apostillation & Consularisation

Foreign Companies- Few Important Aspects Including FDI, Rules on Names, Notary, Apostillation And Consularisation At the outset, the recent changes w.r.t. the running of business in India, it includes the start-ups are getting recognition, the MSMEs are getting their dues clear due to the stringent payment norms issued by Government of In...

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Posted Under: Fema / RBI |

18 recent changes related to FEMA and FDI Policy

Foreign Direct Investment (FDI) means any investment made by a person resident outside India on a repatriable basis in capital instruments of an Indian company or to the capital of an LLP. FDI means investment through capital instruments (equity shares, debentures, preference shares and share warrants) by a person resident outside India i...

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Posted Under: Fema / RBI |

FDI in Defence Sector in India

Defence Industry in India is subject to Industrial License under the Industries (Development & Regulation) Act, 1951 and manufacture of small arms and ammunition under the Arms Act, 1959. The detailed guidelines in this regard may be seen under the Press Note available at www.dipp.nic.in followed by link Acts & Rules. Previously,...

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Posted Under: Fema / RBI |

Latest and Simplified Version of FDI and Balance of Payment

Concepts and elements of business environment: Economic environment- Economic systems, Economic policies(Monetary and fiscal policies); Political environment-Role of government in business; Legal environment- Consumer Protection Act, FEMA; Socio-cultural factors and their influence on business; Corporate Social Responsibility (CSR). ...

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Posted Under: Fema / RBI |

Review of FDI policy on Coal & Lignite, Contract Manufacturing, Single Brand Retail Trading, Digital Media

Press Note No. 4 (2019 Series) (18/09/2019)

DPPI has reviewed Foreign Direct Investment (FDI) policy Coal & Lignite, Contract Manufacturing, Single Brand Retail Trading, Digital Media sector vide Press Note No. 4 (2019 Series). Government of India Ministry of Commerce & Industry Department for Promotion of Industry and Internal Trade FDI Policy Section Press Note No. 4 (201...

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Withdrawal of Press Note No. 17 (1984 Series)

Press Note No. 3 (2019 Series) (11/09/2019)

The Press Note No. 17 (1984) series regarding Environmental clearance of Industrial Licence- conditions of Letter of Intent/Industrial Licence, relates to pre-1991 period. After the Industrial Policy Resolution 1991, and considering various amendments made to Notification No. 477(E) dated 25th July, 1991 only the following four Industrie...

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Licensing requirement for Parts and Accessories in Defence Sector

Press Note No. 2 (2019 Series) (11/09/2019)

In reference to Press Note 1 (2019 Series) dated January 1, 2019 it is hereby clarified that No Industrial Licence/Arms Licence is required for the manufacture of any parts or accessories in Defence Sector, unless they are specifically listed in any of the Annexures of the said Press Note....

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FDI in Telecom Services sector

Telecommunications is one of the fastest growing industries in India that has undergone an innovative phase over the past few years and stands as the second largest telecommunications market in the world after China. It is due to liberalization policy that telecom sector could attract more FDI flows in private sector participation increas...

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Posted Under: Fema / RBI | ,

Reporting of Foreign Direct Investment in India

Foreign Direct Investment (FDI) has been an important source of funds for companies in a country where capital is scarcely available. Under FDI, overseas money, either by an individual or entity, is invested in an Indian company. Modes of FDI Investment in India can be made either under Automatic Route which does not require approval fro...

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Posted Under: Fema / RBI |

FDI in Retail Trading sector in India

The retail sector in India is one of the biggest contributors to the economy in terms of revenue and contributes about 10% towards its GDP. It provides the second highest rate of employment after agriculture. The retail sales in India are growing at a compounded annual rate of 15% since the year 2014....

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Posted Under: Fema / RBI | ,

FDI related filing requirements

What is Foreign Direct Investment(FDI)? A Foreign Direct Investment (FDI) is an investment in the form of a controlling ownership in a business in one country by an entity based in another country. Some of the concepts covered under FDI are discussed below : A. Form Foreign Currency-Gross Provisional Return (FCGPR): In accordance with Not...

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Posted Under: Fema / RBI |

Salient features of FDI in Multi Brand Retail Trading

Salient features of FDI in Multi Brand Retail Trading (MBRT) MBRT means sale of different products of different brands through one platform. FDI in MBRT in all products is permitted upto 51% with Government approval and will require amongst others, compliance with the following: 1. Minimum Investment: Minimum amount to be brought in as FD...

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Posted Under: Fema / RBI |

Aarthik Saksharta-Foreign Direct Investment

Finance minister Nirmala Sitharaman announced in the Budget yesterday that the government will look at relaxing FDI norms for sectors like Aviation, Media and Single-brand retail....

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Posted Under: Fema / RBI |

FDI inflows into India remained robust in 2018-19 

India’s FDI inflows in 2018-19 remained strong at USD 64.375 billion marking a 6% growth over the previous year. The Finance Minister proposed the following steps to further consolidate the gains in order to make India a more attractive FDI destination:...

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Posted Under: Fema / RBI |

FAQs on Overseas Direct Investments

Q. 1 Where are the guidelines pertaining to overseas direct investments available and how to get clarifications pertaining to the guidelines on overseas investment? Ans: The guidelines have been notified by the Reserve Bank of India vide Notification No. FEMA 120/RB-2004 dated July 7, 2004, as amended from time to time, which can be acces...

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Posted Under: Fema / RBI | ,

FDI in LLP

There are many questions which arise in our mind in relation to FDI in LLP such as: -Who are the Eligible Investors? -What are the Eligible Investments? -Are all LLPs eligible for FDI? -How the investors will transfer the funds in the LLP and how the valuation will be done? -Last but not least, Reporting […]...

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Posted Under: Fema / RBI |

Convertible Notes in India: Raising fund from Foreign Investors

Govt. of India issued Consolidated FDI Policy in 2017. The thrust of the policy is to make India an attractive investment destination for foreign investors. A key feature of these policy announcements has been to boost fundraising options for home-grown startups by permitting startups to raise funds through issuance of Convertible Notes w...

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Posted Under: Fema / RBI |

FDI in Small Scale Industrial Undertakings & Micro & Small Enterprises

Foreign Direct Investment in Small Scale Industrial Undertakings (SSI) and Micro and Small Enterprises (MSE) In terms of the Schedule 1, an Indian company which is a small scale industrial unit and which is not engaged in any activity or in manufacture of items included in Annex A (List of activities or items for which […]...

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Posted Under: Fema / RBI |

Effects of Recent Changes in FDI in e-commerce

E-commerce activities are allowed to have a 100% FDI through automatic route. Subject to provisions of FDI Policy, e-commerce entities would engage only in Business to Business (B2B) e-commerce and not in Business to Consumer (B2C) e-commerce....

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Posted Under: Fema / RBI |

Type of Instruments in FDI & its Conditions

An Indian company is permitted to receive foreign investment by issuing capital instruments to the investor. The capital instruments are equity shares, debentures, preference shares and share warrants issued by the Indian company. Equity shares: Equity shares are those issued in accordance with the provisions of the Companies Act, 2013 an...

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Posted Under: Fema / RBI |

An Introduction to the Foreign Direct Investment Policy

Foreign Direct Investment (FDI) means investment by non-resident entity/person outside India in the capital of an Indian company under Schedule 1 of Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000. Foreign (Direct) investment was introduced under Foreign Exchange Management ...

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Posted Under: Fema / RBI |

Entities into which FDI can be made

For a country where capital is not readily available, Foreign Direct Investment (FDI) has been an important source of funds for entities. I would like to share my views on entities into which FDI can be done. ENTITIES INTO WHICH FDI CAN BE MADE 1. Partnership Firm / Proprietary Concern 2. Venture Capital Fund 3. […]...

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Posted Under: Fema / RBI |

Foreign Direct Investment – Who can invest in India

It is the intent and objective of the Government of India to attract and promote foreign direct investment in order to supplement domestic capital, technology and skills, for accelerated economic growth. Foreign Direct Investment, as distinguished from portfolio investment, has the connotation of establishing a “lasting interest‟ in a...

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Posted Under: Fema / RBI |

A Spark of Hope for Domestic Traditional Shopkeepers

Government has come up with new guidelines for e-commerce companies doing business in India.  These guidelines seem to help in favor of Domestic Traditional Shopkeepers and may cause some difficulties to the e-commerce companies particularly which are receiving foreign investment into their entity.  As an impact of the new guideline sma...

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Posted Under: Fema / RBI |

FDI and Multi Brand Retailing

Foreign Direct Investment is the most effective and efficient source of funding for Companies seeking leverage of funds from across the border. As FDI has broaden the horizons of fund raising for Companies it also involves a number of compliances with respect to Central Government, Ministry of Finance, Reserve Bank of India (RBI), Departm...

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Posted Under: Fema / RBI |

FDI Policy Amendment as on 23.01.2018

Para 5.2 (h) of FDI Policy is replaced with the following: Wherever the foreign investor wishes to specify a particular auditor/audit firm having international network for the Indian investee company, then audit of such investee companies should be carried out as joint audit wherein one of the auditors should not be part of the same netwo...

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Posted Under: Fema / RBI |

FDI policy- Govt notifies Condition of Indian Auditor with International Audit Firms

Press Note No. 1 (2018 Series) (23/01/2018)

Prohibition of restrictive conditions regarding audit firms Para 5.2 (h) of FDI Policy is replaced with the following: Wherever the foreign investor wishes to specify a particular auditor/audit firm having international network for the Indian investee company, then audit of such investee companies should be carried out as joint audit wher...

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Standard Operating Procedure for FDI in India

The Finance Minister in his budget speech for FY 2017-18 had included a significant proposal of abolishing the Foreign Investment Promotion Board (FIPB) and replace it with a decentralized mechanism at the respective ministry level to examine and approve FDI proposals in India....

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Posted Under: Fema / RBI |

Which one is better “Company or LLP” In case FDI Comes or Overseas Shareholder?

While allowing FDI in LLP, the Government of India, has taken a very precautionary approach by only allowing FDI under approval route in sectors where 100% FDI is allowed, under the automatic route and there are no FDI-linked performance related conditions, for example sectors like power, roads, information technology, manufacturing etc ....

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Posted Under: Fema / RBI |

Cabinet approves phasing out FIPB

With FIPB getting abolished, it is expected that foreign investment proposals will be considered by the concerned ministry in consultation with the DIPP. Towards this end it is hoped that DIPP comes out with clear guidelines and operating procedures defining the parameters that should be considered for clearance of proposals. This would i...

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Posted Under: Fema / RBI |

‘Foreign Direct Investment Inflows- A Success Story’

The Government in last three years has undertaken a number of reforms in different areas of economy. In this regard FDI policy reforms carried out by Government are nothing less than historic. ...

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Posted Under: Fema / RBI |

FDI in trading of Food Products

Ministry of Food Processing Industries has held three meetings on 17.03.2016, 03.08.2016 and 27.02.2017 with Ambassadors and High Commissioners in India of various foreign countries namely Australia, China, Canada, France, Indonesia, Japan, Korea, Netherland, Poland, Russia, Singapore, UK, New Zealand, UAE, Thailand, Germany, Belgium, Bra...

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Posted Under: Fema / RBI |

All about transfer of shares of a Private/ Unlisted Indian Company from resident to non-resident

This article describes the FEMA/RBI guidelines for transfer of shares from resident to non-residents alongwith the corresponding tax implications of transfer/sale of shares by an Indian resident. ...

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Posted Under: Fema / RBI |

Procedure for FDI Under Government Route

Under Government Route, prior approval of Govt of India is required. Proposals for foreign investment under this route are considered by FIPB...

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Posted Under: Fema / RBI |

RBI permits 49% FDI under automatic route in Pension Sector

The policy makers are determined to attract foreign investment through Foreign Direct Investment (FDI) and continue to revisit sectoral caps and mode of investment in various sectors of the economy. ...

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Posted Under: Fema / RBI |

RBI amends FEMA regulations to allow 100% FDI in ARCs

Govt permitted FDI up to 100% subject to certain conditions (up to 49% under Automatic route and under Government route beyond 49%) in Asset Reconstruction Companies (ARCs)....

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Posted Under: Fema / RBI |

Amendment in FDI Policy on Other Financial Services

Press Note No. 6 (2016 Series) (09/10/2016)

Foreign investment in 'Other Financial Services' activities shall be subject to conditionalities, including minimum capitalization norms, as specified by the concerned Regulator/Government Agency....

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Cabinet approves simplification and liberalisation of FDI Policy, 2016

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its ex-post-facto approval for the FDI policy amendments announced by the Government on 20th June, 2016. The FDI policy amendments are meant to liberalise and simplify the FDI policy so as to provide ease of doing business in the country leading to larger FDI inf...

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Posted Under: Fema / RBI |

Cabinet increases limit for foreign investment in Stock Exchanges to 15%

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval for raising foreign shareholding limit from 5% to 15% in Indian Stock Exchanges for a stock exchange, a depository, a banking company, an insurance company, a commodity derivative exchange. ...

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Posted Under: Fema / RBI |

An Overview of Foreign Investment – Reporting Of FC-GPR

Foreign Direct Investment (FDI) in India is undertaken in accordance with the FDI Policy which is formulated and announced by the Government of India. The Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India issues a “Consolidated FDI Policy Circular ”...

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Posted Under: Fema / RBI |

Revamping FDI Policy continues..

Seems the continuing foreign tours taken up by the Prime Minister of our country is indeed resulting in tremendous international alliances for the country. One of the main focus areas of such international tie-ups and alliances is Foreign Direct Investment (FDI)....

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Posted Under: Fema / RBI |

Review of FDI policy on various sectors

Press Note No. 5 (2016 Series) (24/06/2016)

The Government of India has reviewed the extant FDI policy on various sectors and made following amendments in the Consolidated FDI Policy Circular of 2016 issued on June 07, 2016 (FDI Policy)....

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All about Allotment of shares to Foreign Investor under FDI Regime

The capital instruments should be issued within 180 days from the date of receipt of the inward remittance received through normal banking channels including escrow account opened and maintained for the purpose or by debit to the NRE/FCNR (B) account of the non-resident investor. ...

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Posted Under: Fema / RBI |

Instruments by which FDI can be raised in India

Articles discusses instruments by which Indian Companies can raise Foreign Direct Investment in India. Details of such Instruments are as follows :- Equity Shares: The Indian Company can issue equity shares in accordance with the provisions of the Companies Act, as applicable, shall include equity shares that have been partly paid, subje...

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Posted Under: Fema / RBI |

Radical changes in FDI policy; Most sectors on automatic route

Government has decided to introduce a number of amendments in the FDI Policy. Changes introduced in the policy include increase in sectoral caps, bringing more activities under automatic route and easing of conditionalities for foreign investment. ...

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Posted Under: Fema / RBI |

Consolidated FDI Policy- a comparative analysis

Like every year, the Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce & Industry had released the Consolidated Foreign Direct Investment Policy Circular, 2016 (FDI Policy 2016) which took effect from June 7, 2016. Several amendments were made in various sectors vide Press Note No. 12 dated November 24, 2015. FDI ...

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Posted Under: Fema / RBI |

Consolidated FDI Policy Circular of 2016 wef June 07, 2016

Circular No. D/o IPP F. No. 5(1)/2016-FC-1 (07/06/2016)

Press Information Officer, Press Information Bureau- for giving wide publicity to the above circular. 2. NIC, DIPP for uploading the Circular on DIPP's website. 3. Department of Economic Affairs, Ministry of Finance, New Delhi....

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Policy on foreign investment for Asset Reconstruction Companies

Press Note No. 4(2016 Series) (06/05/2016)

(i) Persons resident outside India can invest in the capital of Asset Reconstruction Companies (ARCs) registered with Reserve Bank, up to 49% on the automatic route, and beyond 49% on the Government route. (ii) No sponsor may hold more than 50% of the shareholding in an ARC either by way of FDI or by routing it through an FII/FPI control...

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Initiatives for Indian Start-Ups in RBI Policy Statement

In the Sixth Bi-Monthly Monetary Policy Statement for 2015-16 and the press release dated February 2, 2016, the Reserve Bank of India had highlighted the steps being taken with respect to the Government’s initiatives to promote ease of doing business and contribute to an eco-system conducive for growth of entrepreneurship, particularly ...

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Posted Under: Fema / RBI |

Indian Insurance Companies Foreign Investment Amendment Rules, 2016

Notification No. G.S.R. 314(E) [F. No. 12018/1/2006-Ins.IV] (16/03/2016)

The Foreign Investment proposals up to forty-nine per cent of the total paid up equity of the Indian Insurance Company shall be allowed on the automatic route subject to verification by the Insurance Regulatory and Development Authority of India...

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All About Overseas Direct Investment

Direct investment outside India means investments, either under the Automatic Route or the Approval Route, by way of contribution to the capital or subscription to the Memorandum of a foreign entity or by way of purchase of existing shares of a foreign entity either by market purchase or private placement or through stock exchange, signif...

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Posted Under: Fema / RBI | ,

Foreign Direct Investment In India And Its Reporting

The Reserve Bank of India had issued Notification No. FEMA 20 /2000-RB dated 3rd May 2000 on Foreign Exchange Management (Transfer or issue of security by a person resident outside India) Regulations, 2000to prohibit, restrict or regulate, transfer or issue security by a person resident outside India....

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Posted Under: Fema / RBI |

Review of Foreign Direct Investment (FDI) policy on various sectors

Press Note No. 12 (2015 Series) (24/11/2015)

The Government of India has reviewed the extant FDI policy on various sectors and made following amendments in the Consolidated FDI Policy Circular of 2015 (FDI Policy), effective from May 12, 2015, and as amended from time to time....

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Diwali Bonanza – DIPP floats exciting offers to lure foreign investors

DIPP seems determined to bring achche din for India Inc. The pace at which the current government is mending the FDI norms is really astonishing. After the launch of Make in India initiatives in September 2014, there has been a 48 percent increase in FDI equity inflows during October 2014 to April 2015. ...

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Posted Under: Fema / RBI |

Clarification on FDI Policy on Single Brand Retail Trading

Can the brand owner or non-resident entity/entities undertake single brand retail trading of the specific brand through more than one company in India?...

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Posted Under: Fema / RBI |

Govt. liberalises / reviews FDI Policy in 15 Sectors of Economy

To further boost this entire investment environment and to bring in foreign investments in the country, the Government has brought in FDI related Reforms and liberalisation touching upon 15 major Sectors of the Economy. The salient measures are: i. Limited Liability Partnerships, downstream investment and approval conditions. ii. Investme...

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Posted Under: Fema / RBI |

Foreign Direct Investment In India – Policy

India is one of the fastest growing economies since last few years and witnessed a large amount of foreign investment in various sector. Foreign Direct Investment (FDI) in India is undertaken in accordance with the FDI Policy which is formulated and announced by the Government of India. The Government of India has allowed different channe...

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Posted Under: Fema / RBI |

All about Overseas Direct Investments in India

Joint Ventures/Wholly Owned Subsidiaries abroad promote economic co-operation between India and the host countries. They result in transfer of technology and skills, sharing the results of Research & Development, access to the global market, promotion of the brand image, generation of employment and utilization raw materials available in ...

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Posted Under: Fema / RBI |

Allow FDI in multi-brand retail through PPP mode: ASSOCHAM

ASSOCHAM has reiterated for allowing foreign domestic investment (FDI) in retail industry and modernisation of wet market through public-private partnership (PPP) with adequate safeguard so that these new corporations do not become monopolistic and charge high price....

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Posted Under: Fema / RBI |

Clarification on FDI Policy on Facility Sharing Arrangements between Group Companies

D/o IPP File No. 12/15/2009-FC-1 (15/09/2015)

This Department has received certain references on the issue as to whether entering into facility sharing agreement through leasing/sub-leasing arrangements within group companies for the larger purposes of business activities would be constructed to mean ‘real estate’ business within the provisions of Consolidated FDI Policy Circular...

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Review of existing FDI policy on Partly Paid Shares and Warrants

Press Note No. 9 (2015 Series) (15/09/2015)

Review of existing Foreign Direct Investment policy on Partly Paid Shares and Warrants Press Note No. 9 (2015 Series) Dated- 15.09.2015...

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Govt to permit 100% FDI in White Label ATM Operations

Review of Foreign Direct Investment (FDI) Policy – to permit FDI, up to 100 percent, under the automatic route, in White Label ATM Operations The Union Cabinet chaired by the Prime Minister Shri Narendra Modi, has given its approval to permit Foreign Direct Investment (FDI), up to 100 percent, under the automatic route, in the [&hel...

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Posted Under: Fema / RBI |

Ministry gives nod to introduction of Composite Cap for foreign investment

During the past one year we have seen number of initiatives taken by Indian Government to boost the economy. Over the time, foreign investment limit in several sectors has also relaxed but still the inflows from overseas have not reached at its helm....

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Posted Under: Fema / RBI |

Composite Caps for Simplification of FDI policy to attract foreign investment

Press Note No. 8 (2015 Series) (30/07/2015)

In the sectors/activities as per Annexure, foreign investment up to the limit indicated against each sector/activity is allowed, subject to the conditions of the extant policy on specified sectors and applicable laws/regulations; security and other conditionalities. In sectors/activities not listed therein, foreign investment is permitted...

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Guidelines for permitting the use of ‘Make in India’ logo -regarding

F. No.: 5(46)/2014-BE-III (21/07/2015)

The Department of Industrial Policy & Promotion (DIPP), Government of India has launched extensive international & domestic media campaigns under the ‘Make in India’ initiative. The 'Make in India' Logo and other related proprietary material are valuable assets of DIPP....

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Composite caps for simplification of FDI policy to attract foreign investments

Introduction of composite caps for simplification of Foreign Direct Investment (FDI) policy to attract foreign investments The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has given its approval to review the existing FDI policy on various sectors provided in the Consolidated FDI Policy Circular 2014, as amended by the...

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Posted Under: Fema / RBI |

Revision in investment limit for cases requiring prior approval of FIPB/ CCEA

Press Note No. 6 (2015 Series) (03/06/2015)

Press Note No. 6 (2015 Series) The Government of India has reviewed the position in this regard and decided to revise the investment limit for cases requiring prior approval of the Foreign Investment Promotion Board (FIPB)/ Cabinet Committee on Economic Affairs (CCEA)....

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Amendment in definition of NRI & investment rules under FDI Policy

Press Note No. 7 (2015 Series) (03/06/2015)

The Government of India has reviewed the FDI policy relating to investments by Non. Resident Indians (NRIs), Persons of Indian Origin (PIOs) and Overseas Citizens of India (OCIs). It has been decided to amend the definition of Non Resident Indian as contained in the FDI policy, and also to provide that for the purposes of FDI policy, inve...

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Foreign Direct Investment in India

Foreign direct investment refers to investment in a foreign country where the investor retains control over the investment. India has been experiencing anaemic growth since the economic crisis in 2008. Introducing foreign investments is therefore the only way to reach its economic growth targets. ...

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Posted Under: Fema / RBI |

Consolidated FDI Policy of 2015 – Key changes & Comparative

The Ministry of Commerce & Industry released the consolidated Foreign Direct Investment policy of 2015 effective from May 12, 2015. We list below the key changes. Further, a detailed comparative of changes incorporated in FDI Policy 2015 juxtaposed with the consolidated FDI policy of 2014 is specified in Annexure A. ...

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Posted Under: Fema / RBI |

Consolidated FDI Policy (Effective from May 12, 2015)

D/o IPP F. No. 5(1)/2015-FC-1 (12/05/2015)

Government of India Ministry of Commerce & Industry Department of Industrial Policy & Promotion Consolidated FDI Policy Circular of 2015 Subject: Consolidated FDI Policy The ‘Consolidated FDI Policy’ is attached. 2. This Circular will take effect from May 12, 2015. (Atul Chaturvedi) Joint Secretary to the Government of...

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