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Investment In Firm Or Proprietary Concern In India

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Restrictions on investment:

  • No person resident outside India is allowed to make any investment to the capital of a firm / proprietary concern / any association of persons in India, except as provided in the Foreign Exchange Management Act, 1999, its rules, regulations, directions or orders.
  • Such a person may make such an investment with the Reserve Bank's permission, on an application made to it, subject to certain terms and conditions.

Permission for investment in certain cases:

A Non-resident Indian or a person of Indian origin resident outside India may invest by making contributions to the capital of a firm or a proprietary concern in India. The following conditions must also be satisfied:

  • the amount invested must be received either by inward remittance through normal banking channels or out of an account maintained with an authorized dealer / bank;
  • the firm or the proprietary concern is not engaged in any agricultural / plantation activity or real estate business;
  • the amount invested shall not be eligible for repatriation outside India;
  • where investment is made out of NRSR account of the non-resident investor, the income earned on investment or proceeds of investment must be credited only to such account;
  • the firm or the proprietary concern must not be engaged in print media.

Permission to a firm or a proprietary concern to make payment for the investments:

A firm or a proprietary concern in India may make payment to a non-resident Indian or a person of Indian origin for the following:

  • the sum invested by such person in that firm or proprietary concern;
  • the income accruing to such person by way of profit on such investment.
Acquisition And Transfer Of Immovable Property Outside India
Acquisition And Transfer Of Immovable Property In India
Establishment In India Of Branch Or Office Or Other Place Of Business
Foreign Currency Accounts By A Person Resident In India
Transfer Or Issue Of Security By A Person Resident Outside India
Transfer Or Issue Of Any Foreign Security
Export Of Goods And Services
Investment In Firm Or Proprietary Concern In India
Offshore Banking Unit
Withdrawal Of General Permission And Unwinding Of Investments And Transactions

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