FDI is a capital account transaction and any infringement of its guidelines pulls in corrective arrangements under FEMA. RBI manages FEMA and Directorate of Enforcement, Ministry of Finance – Government of India has the power to research if there should be an occurrence of any infringement of its standards.
FDI IN PARTNERSHIP FIRM/SOLE PROPRIETARY CONCERN
NRIs or Person of Indian Origin (PIO) resident outside India are allowed to take part and contribute in the capital of a partnership firm that concerns without prior approval, provided:
1. In this case, the contribution is on non-repatriation basis
2. Investment on an inward remittance, or out of NRE/FCNR (B)/NRO account maintained with AD Category-1 Bank.
3. An Indian firm or the proprietary concern must not engage in any agricultural, print media or real estate business.
FDI IN LIMITED LIABILITY PARTNERSHIP
The investment will not require any prior approval by FIPB.
1. There are no conditions relating to FDI-linked performance.
2. Foreign companies or individuals can be appointed as Designated Partner as required under Section 7 of Limited Liability Partnership Act, 2008.
3. LLPs can make further downstream investment in another company or LLP. Earlier they were not permitted to make any downstream investments.
4. Repatriation of capital is permissible with adherence of appropriate pricing guidelines and reporting requirements.
5. All investments should comply with relevant provisions of LLP Act, 2008.
6. LLPs can avail External Commercial Borrowings (ECBs).
7. FPIs/FVCIs can contribute to the capital of LLPs in India.
8. In case of companies with FDI, converting into LLP can be done under the automatic route if the investment in sector concerned is within corresponding sectoral limit for automatic investment route.
FDI IN PRIVATE LIMITED COMPANY
A Foreign business entity can enter India via a number of alternatives, subject to general conditions mentioned in FDI Policy:
1. As an Indian Company-
a. By setting up a wholly owned subsidiary
b. Joint Venture with an Indian entity/person
2. Operate as a foreign company and be registered with the Registrar of Companies, MCA.
a. Opening up Liaison office – This type of office is only allowed to collect market information and liaison with the foreign company. They are not allowed to earn income from any activities.
b. Branch Offices – The scope of activities of BOs is much larger as compared to Liaison Offices. BOs are allowed to generate revenue by various alternatives, such as-
i. Providing professional services
ii. Providing technical support for products imported/assembled/manufactured by the parent/holding company.
c. Project Offices – Set up to execute specific projects, project offices are allowed in India if :
i. The foreign entity has secured a contract in India, which will be funded via inward remittance by either a bilateral or multilateral financing agency.
ii. Loan has been sanctioned by a public financial institution or bank to the Indian company contracting the project.
If the above conditions are not met, the foreign investor/entity will have to make an application with RBI via its AD bank.
FDI IN SMALL SCALE INDUSTRIES
1. Give up its status as SSI, i.e. exceeding prescribed limits of investment in plant and machinery according to Micro, Small and Medium Enterprises Development Act, 2006.
2. Not engage in manufacture of reserved items.
3. Comply with relevant sectoral caps.
Encouraging the government of India to attract the foreign investors to make investments in the country and bring about relevant changes in the policies so that these FDI policies of India keep on attracting foreign investments in the various sectors of India.