Setting up of Branch/Project/Liaison Offices in India by a person resident outside India
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 Association of a foreign entity, signifying a long-term interest in the overseas entity (setting up / acquiring a Joint Venture (JV) or a Wholly Owned Subsidiary (WOS).An Indian Party can make overseas direct investment in any bonafide activity except those that are specifically prohibited. The Indian Party intending to make a direct investment under the automatic route is required to fill up form ODI duly supported by the documents listed therein, i.e., certified copy of the Board Resolution, Statutory Auditors Certificate and Valuation Report for making the investment/remittance.
Investment in Pakistan is prohibited. Investments in Nepal can be only in Indian Rupees. Investments in Bhutan are allowed in Indian Rupees and in freely convertible currencies.
Set up of imports of goods to India.
Export of goods and services
EXIM bank credit lines and relevant business opportunities
Setting up of Branch trading / Offices overseas and acquisition of immovable properties outside India.
Overseas Investment can be made under two routes viz.
Indian parties are prohibited from making investment in a foreign entity engaged in real estate (meaning buying and selling of real estate or trading in Transferable Development Rights (TDRs) but does not include development of townships, construction of residential/commercial premises, roads or bridges) or banking business, without the prior approval of the Reserve Bank.
General permission has been granted to persons residents in India for purchase / acquisition of securities in the following manner:
An Indian party has been permitted to make investment in overseas Joint Ventures (JV) / Wholly Owned Subsidiaries (WOS), not exceeding 400 per cent of the net worth as on the date of last audited balance sheet of the Indian party, i.e. a company incorporated in India or a body created under an Act of Parliament or a partnership firm registered under the Indian Partnership Act, 1932, making investment in a JV/WOS abroad and includes any other entity in India excluding individuals as may be notified by the Reserve Bank.
In case of investment in overseas JV / WOS abroad by a registered Partnership firm, where the entire funding for such investment is done by the firm, it will be in order for individual partners to hold shares for and on behalf of the firm in the overseas JV / WOS if the host country regulations or operational requirements warrant such holdings.
The Indian Party is required to report such acquisition in form ODI to the AD Bank for submission to the Reserve Bank within a period of 30 days from the date of the transaction.
Setting up of an SPV under the Automatic Route is permitted for the purpose of making a investment in JV/WOS overseas.
Investment in an overseas JV / WOS may be funded out of one or more of the following sources: