Professional Documents
Culture Documents
FDI July '20
FDI July '20
Transactions - FDI
CAT - Meaning
“Capital account transaction” means a transaction which alters the assets or
liabilities, including contingent liabilities, outside India of persons resident in India
or assets or liabilities in India of persons resident outside India
3
Introduction
The FEMA 1999 amended by the Finance Act 2015 inter alia to realign powers
between Central Government (CG) and RBI.
Debt and Non-Debt Instruments notified by CG under S. 6(7) of FEMA 1999 -Dt.
16 Oct 2019. The CG Notification dt. 17 Oct 2019 supercedes FEMA 20(R) - The
Foreign Exchange Management (Non-Debt Instruments) Rules, 2019 (‘NDI Rules’)
Foreign Exchange
Regulated by Management
Non-debt (Non-debt
Instruments Central Instruments)
Government
Rules, 2019
Foreign
Investment Foreign Exchange
Debt Regulated by Management
(Debt
Instruments RBI
Instruments)
Regulations, 2019
Non-Debt Instruments
AIFs- Alternative Investment Funds (AIFs); REITs- Real Estate Investment Trust (REITs);
InVITs- Infrastructure Investment Trusts (InVITs) ETF – Exchange Traded Funds (ETFs) 6
What is Foreign Investment? | Basics
FI - Any investment made by a person resident outside India on a repatriable basis in equity
instruments of an Indian company or to the capital of LLP
FDI - Investment through equity instruments by a PROI in an unlisted Indian company; or in ten
per cent or more of the post issue paid-up equity capital on a fully diluted basis of a listed
Indian company;
Common Instruments
On 22nd April 2020, Govt has notified that FDI from countries which share
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
List of countries sharing land border with India is as follows: Pakistan,
Afghanistan, China (including Hong Kong and Macau), Nepal, Bhutan,
Bangladesh, Myanmar
8
Overview of FDI |Conditions & Prohibitions
A person resident / an entity incorporated Prohibited Sectors
outside India can invest
Atomic Energy/Railways
In an Indian company (as per the extant FDI
policy)
Contribute to the capital of an LLP, if Real Estate Business
LLPs formed and registered under Limited
Liability Partnership Act 2008
Subject to certain conditions Gambling
Bangladesh/Pakistan/Sharing Land borders :
Prior GOI Approval
Lottery Business
An NRI/OCI can contribute to the capital of a
partnership firm / proprietary concern
Chit Funds, Nidhi Co
Non-repatriation basis : Automatic route
Repatriation basis : RBI approval route Tobacco products
9
Examples of Sectoral Caps
Note: Sectoral cap is the maximum investment allowed in a sector including both direct and indirect
foreign investment. This shall be the composite limit for the investee Indian entity
10
Overview of FDI |Funding
Timelines
The Indian Company shall receive the consideration
by way of :
Within 60 Allotment of shares
days
etc.
11
Overview of FDI |
1 Issuance of non debt instruments to a person resident outside India
2 Transfer of shares by a person resident outside India to a person resident outside India
guidelines of Route:
SEBI Under private arrangements : Without adherence to
Approval
pricing, reporting , extant FDI and FEMA regulations
Gift by an NRI/OCI to a person resident outside India if shares are held on a non-repatriation basis
12
Overview of FDI |Valuation Norms
Price should not be < the price as Price should not be < the fair value
Transfer from R – NR
per SEBI guidelines worked out by a CA
13
Reporting of FDI |FIRMS
Phase I The Entity Master was made available online from June 28 to July 20,2018
• Effective September 01, 2018. the reporting of FDI, which was a two-step
procedure viz., ARF and FC-GPR is merged into a single revised FC-GPR and
will be reported through SMF
Phase
II • At present nine forms viz., FC-GPR, FC-TRS, LLP-I, LLP-II, CN, ESOP, DRR, DI &
InVi are being made available for filing in SMF
• All new filings for the above 9 forms have to be done in SMF only
14
Reporting of FDI | Entity User, Business User & e-KYC
Entity User Business User e-KYC
• Every business user has to be
• A person authorized by the
• The applicant reporting the e-KYC verified before any
entity (company/
transaction in Single Master reporting can be made in the
LLP/startup) to register the
Form at FIRMS Single Master Form
entity in the Entity Master of
FIRMS application
• BU can use his login • This would ensure that only
credentials for only the entity genuine logins are made
• Would be entirely
that has authorized him/her to available in the FIRMS
responsible for the data
report the transactions application. All e-KYC would be
entered of the entity
verified by the AD banks
IFSC : ICIC0000393
15
Reporting Requirements |SMF
FC-GPR FC-TRS