FOREIGN DIRECT INVESTMENT / FOREIGN PORTFOLIO
INVESTMENT
A. FOREIGN DIRECT INVESTMENT
IN INDIA
The Government of India
permits 100% FDI on an automatic basis, except with respect to
a small negative list. In certain specific sectors, investment
caps for FDI have been prescribed. In those cases which are covered
by automatic approval route, only the Reserve Bank of India is
required to be intimated within a specified period of time from
the date of issue of shares to foreign shareholders. Proposals
for foreign investment, which are not covered under the automatic
approval route, are considered for approval, by the Government
of India.
Our Strategy & Investment Advisory Team comprises of professionals
who have wide and extensive experience in structuring India investment
strategy for many corporates and in advising and assisting on
various matters in connection therewith. Our range of services
includes :
Advising on methods & strategies to be adopted in
those sectors where investment caps have been prescribed to
protect the interests of foreign enterprise
Structuring the investment in India in the most tax
efficient manner after considering benefits available under
domestic tax laws and also the benefits under various Tax
treaties in order to ensure tax minimization on a global basis
Negotiate with various State Governments for obtainment
of maximum benefit when large foreign investment is envisaged
Obtainment of clearance from the Foreign Investment
Promotion Board and Reserve Bank of India, where necessary
Advising on the various compliance procedures under
relevant laws, rules and regulations including industry specific
legal issues
B. FOREIGN PORTFOLIO INVESTMENT
IN INDIA
Foreign Institutional
Investors (FIIs) can make portfolio investments. FIIs are allowed
to invest in the primary and secondary capital markets in India
under the Portfolio Investment Scheme (PIS). The term FII is defined
as an institution established or incorporated outside India for
making investment in Indian securities and also includes a sub-account
of an FII. FIIs must register themselves with the Securities and
Exchange Board of India (SEBI) and comply with the exchange control
regulations of RBI. Foreign pension funds, mutual funds, investment
trusts, asset management companies, nominee companies and incorporated/institutional
portfolio managers or their power of attorney holders are allowed
to invest in India as FIIs. They may invest in securities traded
in both the primary and secondary markets. These securities include
shares, debentures, warrants, and units of mutual funds, government
securities and derivative instruments. Various investment limits
have been prescribed under RBI Regulations for FII investment
in various instruments. Minimum investment limit in equity and
equity related instruments has been prescribed in respect of FIIs
registered as non-debt funds.
Our Strategy & Investment Advisory Team comprises of professionals
who have wide and extensive experience in structuring India investment
strategy for many corporates and in advising and assisting on
various matters in connection therewith. Our range of services
includes:
Structuring the investment in India in the most tax efficient
manner after considering benefits available under domestic tax
laws and also the benefits under various Tax treaties in order
to ensure tax minimization on a global basis
Obtaining registration from Securities & Exchange Board
of India
Obtainment of clearance from the Reserve Bank of India, where
necessary
Advising on hedging strategy in respect of foreign exchange
exposure
Advising on the various compliance procedures under relevant
laws, rules and regulations