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General permission by RBI
Please Login to view further pages. GENERAL PERMISSION BY RBI

General permission for resident individuals, proprietorship concerns, partnership firms or raising Rupee loan from non-resident of Indian Nationality/persons of Indian origin.

Reserve Bank has by issue of a notification number F.E.R.A 200/99-RB dated 30th March 1999 now granted general permission to resident individuals/proprietorship concerns/partnership concerns to avail of interest bearing loans from NRIs/PIOs on non-repatriation basis subject to the following conditions:

  1. Such loan may be granted out of funds remitted from abroad in foreign exchange by NRIs/PIOs through normal banking channels or out of NRE/FCNR/NRO/NRSR accounts maintained with authorized dealers in India.
  2. The rate of interest on such loans should not exceed two percentage points over the bank's rate prevailing on the date of granting of the loan.
  3. The maturity period of the loan should not exceed 3 years.
  4. In case where the amount of loan was received by way of remittance from abroad through normal banking channel or out of fund held in the lender's NRE/FCNR/NRO account maintained with an authorized dealer in India, payment of Interest/repayment of loan should be made by credit to NRO/NRSR account of the non-resident lender with an authorized dealer in India. In case such loan was granted out of funds held in NRSR account of the lender, payment of interest/repayment of loan should be made by credit to NRSR account of the lender maintained with an authorized dealer in India.
  5. The amount of loan will not be allowed to be repatriated abroad.
  6. The amount of loan should not be utilized for the purpose of carrying on agricultural/plantation activities, purchase of immovable property, shares, debentures, bonds and for re-lending.
General permission for transfer by way of gift of immovable property held in India by non-resident persons of Indian origin or Registered Charitable Trusts/ Organizations in India

  1. In terms of its notification number F.E.R.A 152/ 93 RB dated 26th may 1993, Reserve Bank has granted general permission to foreign citizens of Indian origin to acquire by way of purchase or inheritance and disposal by way of sale, any immovable property, not being agricultural land/ farm house/plantation property situated in India subject to certain conditions. Reserve Bank has now vide its notification no. F.E.R.A 201/99 RB dated 30th March, 1999 granted general permission to non-resident persons (foreign citizens) of Indian origin (PIOs) to transfer by way of gifts, immovable property held by them in India to relatives and registered charitable trusts/organizations subject to the condition that the provision of any other law including Foreign Contribution (Regulation) Act, 1976, as applicable, are duly compiled with.
To facilitate various transactions by NRIs/PIOs the Reserve Bank has granted general permission to
  1. Resident individuals, partnership, proprietorship concerns to avail of interest bearing rupee loans for NRIs/PIOs out of funds remitted by them from abroad or out of funds held in their bank accounts in India, on non-repatriation basis, subject to certain conditions one of them being that the rate of interest on such loans should not exceed bank rate plus two percentage points.
  2. NRIs/ PIOs to transfer by way of gifts shares held by them in Indian companies and to PIOs to transfer by way of gift immovable property held by them in India to registered charitable trusts/organizations subject to compliance with other applicable rules/regulations including the provision of Foreign Contribution regulation Act, 1976 by the Charitable trusts/organizations concerned.
  3. NRIs/OCBs for investment on repatriation basis in Air Taxi operations subject to, among other conditions that the approval of Director General of Civil Aviation has been obtained.
  4. All domestic purpose public/ private sector mutual funds for issue of Units to NRIs/PIOs/OCBs on both repatriation as well as non-repatriation basis.
  5. NRIs/PIOs/OCBs to place deposits with Indian firms, on non-repatriation basis and with Indian companies including non-banking financial companies on both repatriation and non-repatriation basis.
  6. NRIs/PIOs/OCBs for sale of shares acquired under direct investment schemes on stock exchanges in India.
The Reserve Bank will grant general permission to NRIs/PIOs/OCBs to invest in Government security and treasury bills while granting permission for investments in shares and debentures under the portfolio scheme.

Taking into account the facilities that are already available, and the above new measures, NRIs/PIOs will not have to seek specific permission of the Reserve bank for a whole variety of approved financial/investment transactions. This should considerably reduce paperwork and the time taken for undertaking such transactions.

After the above changes come into effect, the areas in which facilities available to NRIs/PIOs/OCBs will not be same as available to domestic residents, will primarily relate to investment by them in real estate/agriculture and plantation business

RESERVE BANK OF INDIA FORMS

Form

Subject Declaration Form
To whom the application is to be submitted
1       CDF
Currency Declaration Form
At Airport/port to customs
2       CNX
Allotment of code numbers to exporters
Regional Office of RBI
3       DIN
Declaration for direct investment by NRIs/ OCBs in Indian firms/companies
Regional Office of RBI
4       DSS
Declaration of shares required by NRIs through subscription to Memorandum and Articles of associationChief GM, Exchange Control Development (ECD), Reserve Bank of India (RBI), Foreign Investment Division (FID), 11th Floor, COB, Mumbai-400023.
5      ECFEncashment Certificate
Issued by Banks
6      EFC

Application by exporter for opening of foreign currency account with Bank of India or Abroad
Regional Office of RBI through bank
7      EFN

Application for practicing profession or carrying on occupation, trade or business in India by foreign national Chief GM, ECD, RBI, FID, Mumbai-400 001.
8      EMG Emigration questionnaire Regional Office of RBI
9      FAD 1 Maintenance of Foreign Currency Accounts and holding in foreign currency securities and immovable properties abroad Chief GM, ECD, RBI, Foreign Accounts Section, 3rd Floor, Amar Building, Fort, Mumbai-400 001.
10    FAD2
   


Acquisition/holding of foreign currency shares of a joint venture/subsidiary to company abroad. Regional Office of RBI
11FC(RBI)  


Approval of foreign investment and technology transfer agreement Chief GM, ECD, RBI, FITT Section, 11th Floor, COB, Mumbai-400 023.
12   FNC 1  

Application for acting or accepting appointment of agent in IndiaChief GM, ECD, RBI, FID, 11th Floor, COB, Mumbai-400 023.
13   FNC 2


Undertaking fresh business activity or establishing place of business in India by foreign companies
-do-
14   FNC 3


Undertaking business activity in India by foreign companies
-do- 
15   FNC 4 Permission to establish a branch office in India by an overseas company
-do- 
16   FNC 5 Establishing a representative office by overseas company for, liaison activities or to open a project/site office in India
-do- 
17   FNC 6 Acquisition of whole or part of an undertaking in India.
-do- 
18   FNC 7 Purchase of shares of companies in India
-do- 
18   IPI 1 


Fresh acquisition and holding of immovable properties in India
-do- 
19   IPI 2  


Sale/transfer of immovable property in India (other than coffee/tea/rubber plantations in India)
-do- 
20   IPI 3 Sale of tea/coffee/rubber plantations in India
-do- 
21   IPI 4  

 
Particulars of productivity income, etc. of tea/coffee/rubber plantations in India
-do-
22   IPI 5Declaration of immovable property acquired/held in India under general permission granted to foreign companies
-do- 
22   IPI 6
Declaration of immovable property in India held as on 1st January, 1974
-do- 
23   IPI 7

   


Declaration of immovable property acquired under general permission granted to foreign citizens of Indian origin
-do-
24   IPI 8
Permission to repatriate the original investment made in commercial/resident immovable property
-do-
25   ISD
Issue of shares/debentures to non-residents
-do-
26   SD (R)


Investment by NRIs/OCBs in Indian firms/companies on repatriation basis
-do-
27   LOV 1

   


Loans in India to (a) non residents against fixed deposit securities,(b) residents against guarantees by non-residents
Regional Office of RBI 
28   LOV 2


Loans/overdrafts to foreign nationals for personal purposes
-do- 
29   NRC  


Investments in shares/debentures through stock exchanges by NRIs on non-repatriation basis
Chief GM, ECD, RBI, FID, 11th Floor, COB, Mumbai-400 023. 
30   NRI



Investments in shares/debentures through stock Exchange by NRIs on non-repatriation basis
-do-
31   NRU Non-repatriation undertaking
-do-
32   OBR

Appointments of representative or establishment of office/branch abroad
Regional Office of RBI 
32   QA 22
   


Opening of bank accounts in India by foreign companies by foreign nationals
To be submitted to bank where account is to be opened 
33   RFC
Opening of resident foreign currency account with bank in India by returning Indians
-do- 
34   RFN Retirement facilities to foreign nationals
Regional Office of RBI 
35   RPC

Investment in shares/debentures by OCBs with repatriation basis
Chief GM, ECD, RBI, FID, 11th Floor, COB, Mumbai-400 023.
36   RPI
Investment in shares/debentures by NRIs with repatriation basis
-do-
37   RSU Investment in sick companies by NRIs/OCBs
-do- 
38   TS 1 Transfer of shares/debentures by non-residents to residents
Regional Office of RBI 
39   TS 2
   


Transfer of shares/debentures by foreign national resident in India
-do-
40   TS 3
 
Transfer of shares through stock exchange acquired by OCBs under portfolio investment scheme with repatriation basis
Chief GM, ECD, RBI, FID, 11th Floor, COB, Mumbai-400 023.
41   TS 4
   


Transfer of shares through Stock Exchange acquired by NRIs/OCBs under direct investment scheme with repatriation basis 
 
   
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Introduction
Individuals
Non-Resident Indians
PIO card Scheme-Person of Indian Origin
Wealth Tax
Foreign Exchange Management Act-FEMA
NRI Investments in India
Remittance of Interest/dividend
Specific Permission of RBI
Foreign Direct Investments and Guidelines
General permission by RBI
Approval of Foreign Direct Investment By FIPB
List of High Priority Industry
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