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    Hotel & Restaurant for Sale in Vaishali Nagar, Jaipur

    62094 Sq.ft. Hotels for Sale in Vaishali Nagar, Jaipur

    62094 Sq.ft. Hotel & Restaurant for Sale in Vaishali Nagar, Jaipur

    Call for Price
    • Built Up Area 62094 sq.ft
    • Bathroom 10
    • Furnishing Furnished
    • Facing East Face
    Hello investors we will you provide a 4 Star luxurious hotel with all amenities . property details - land / plot Area : 1872 sq. yards Built-up Area : 62094 sq. feet Super built up area : 71408 sq. feet No. of floors : Basement + Ground + 8 + Barsati Year of construction : 2010 Star Category : 4 star No Of rooms : 82 rooms No of restaurants : 01 Coffee Shop : 01 Bar : 01 Roof Top Restaurant No of Conference Halls : 03 Health Club / SPA : Gym + Swimming Pool on roof top Liquor License : Yes
    10000 Sq.ft. Hotels for Sale in Vaishali Nagar, Jaipur
    20

    10000 Sq.ft. Hotel & Restaurant for Sale in Vaishali Nagar, Jaipur

    Call for Price
    • Built Up Area 10000 sq.ft
    • Balcony 6
    • Location Vaishali Nagar, Jaipur
    • Ownership Agent
    Luxury Castle for sell in World Heritage Pink City "Jaipur" Independent Bungalow/Villa for Sale in Just INR 5.60 Crore 14 Rooms Luxury Independent House for Sale in Vashali Nagar Jaipur Approved Property by Government and Tourism Department RTDC Bright and Airy and exceptionally clean with a lovely view of the Green Park children's playground. 14 Rooms with bathrooms different themes Interior Online and offline Running Property Worldwide,Ambiance Beautiful and Peaceful Place Super Luxury Large Rooms Perfectly Designed with World Class Skilled Proficiency of Rajasthani Artisan Prolific Furniture wonderful Dining like Royal,Rooftop and Banquet Hall Classy Lush Lawns with Rich Biology Plants, Pomegranate and Mango Tree Jaipur, 4.9 km to Jaipur City Center,5.5 km from Jaipur Railway Station,Jaipur International Airport 16 km
    1000 Sq. Yards Hotels for Sale in Vaishali Nagar, Jaipur

    1000 Sq. Yards Hotel & Restaurant for Sale in Vaishali Nagar, Jaipur

    Call for Price
    • Built Up Area 9000 sq.ft (1000 Sq. Yards)
    • Bathroom 7
    • Furnishing Furnished
    • Facing East Face
    need money so sell new hotel in jaipur

    7000 Sq.ft. Hotel & Restaurant for Sale in Vaishali Nagar, Jaipur

    Call for Price
    • Built Up Area 7000 sq.ft
    • Location Vaishali Nagar, Jaipur
    • Ownership Agent
    Jaipur Rajasthan,Chitrkut,Vaishali Nagar A Big Hotel "Hotel Tiptop Plaza",6394 Sq Yards,7000 Sq Ft Built Up,32 Rooms,Is For Sale.

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    8500 Sq.ft. Hotel & Restaurant for Sale in Vaishali Nagar, Jaipur

    Call for Price
    • Built Up Area 8500 sq.ft
    • Furnishing Furnished
    • Age of Property 4 Yrs
    • Location Vaishali Nagar, Jaipur
    Fully furnished 12 Rooms with attach lat-bath . All Rooms are AC. 03 Lobbies, 01 Store Room , 01 Staff Room, 01 Driver Room , 01 Kitchen , 01 Restaurant , Parking Space , DG Set with Electric Back up.
    Owner : Narendra Singh

    3 Acre Hotel & Restaurant for Sale in Vaishali Nagar, Jaipur

    Call for Price
    • Built Up Area 130680 sq.ft (3 Acre)
    • Location Vaishali Nagar, Jaipur
    Department of Industrial Policy And
    promotion
    ministry of Commerce and Industry
    government of India
    consolidated Fdi Policy
    (effective from April 1, 2011)
    1
    government of India
    ministry of Commerce & Industry
    department of Industrial Policy & Promotion
    (fc Section)
    circular 1 of 2011
    subject: Consolidated Fdi Policy.
    the consolidated Fdi Policy is Attached.
    2. this Circular Will Take Effect from April 1, 2011.
    (v.bhaskar)
    joint Secretary to the Government of India
    d/o Ipp F. No. 5(1)/2011-fc Dated 31.03.2011
    copy Forwarded To:
    1. Press Information Officer, Press Information Bureau- for Giving Wide Publicity to The
    above Circular.
    2. Be Section for Uploading the Circular On Dipps Website.
    3. Department of Economic Affairs, Ministry of Finance, New Delhi
    4. Reserve Bank of India, Mumbai
    2
    i N D E X
    description
    page
    number
    chapter-1 Intent and Objective 5
    1.1 Intent and Objective
    5
    chapter-2 Definitions 8
    2.1 Definitions
    8
    chapter-3 Origin, Type, Eligibility,
    conditions and Issue/transfer Of
    investment
    14
    3.1 Who Can Invest in India? 14
    3.2. Types of Instruments 15
    3.3 Entities Into Which Fdi Can Be Made 18
    3.4 Conditions On Issue/transfer of Shares 19
    3.5 Issue of Instruments
    25
    chapter-4 Calculation, Entry Route, Caps,
    entry Conditions Etc. of Investment
    28
    4.1 Calculation of Total Foreign Investment I.e. Direct and Indirect Foreign
    investment in Indian Companies
    28
    4.2 Entry Routes for Investment 31
    4.3 Caps On Investments 33
    4.4 Entry Conditions On Investment 33
    4.5 other Conditions On Investment Besides Entry Conditions 33
    4.6 Downstream Investment By Indian Companies 34
    4.7 Guidelines for Consideration of Fdi Proposals By Fipb 36
    4.8 Constitution of Fipb 38
    4.9 Approval Levels for Cases Under Government Route 38
    4.10 Cases Which Do Not Require Fresh Approval 39
    4.11 Online Filing of Applications for Fipb/governments Approval 39
    chapter-5 Policy On Route, Caps and Entry
    conditions
    40
    5.1 Prohibition On Investment in India
    40
    5.2 Sector-specific Policy for Fdi 40
    agriculture
    40
    5.2.1 Agriculture & Animal Husbandry 40
    5.2.2 Tea Plantation
    42
    3
    industry 43
    mining 43
    5.2.3 Mining
    43
    manufacturing
    45
    5.2.4 Manufacture of Items Reserved for Production in Micro and Small
    enterprises (mses)
    45
    5.2.5 Defence 46
    power
    48
    5.2.6 Electric Generation, Transmission, Distribution and Trading
    48
    services Sector
    49
    5.2.7 Civil Aviation Sector 49
    5.2.8 Asset Reconstruction Companies 52
    5.2.9 Banking private Sector 53
    5.2.10 Banking- Public Sector 55
    5.2.11 Broadcasting 56
    5.2.12 Commodity Exchanges 57
    5.2.13 Development of Townships, Housing, Built-up Infrastructure And
    construction-development Projects
    58
    5.2.14 Credit Information Companies (cic) 61
    5.2.15 Industrial Parks Both Setting Up and in Established Industrial Parks 61
    5.2.16 Insurance 63
    5.2.17 Infrastructure Company in the Securities Market 63
    5.2.18 Non-banking Finance Companies (nbfc) 63
    5.2.19 Petroleum & Natural Gas Sector 66
    5.2.20 Print Media 66
    5.2.21 Security Agencies in Private Sector 67
    5.2.22 Satellites Establishment and Operation 68
    5.2.23 Telecommunication 68
    5.2.24 Trading 73
    5.2.25 Courier Services for Carrying Packages, Parcels and other Items Which Do
    not Come Within the Ambit of the Indian Post Office Act, 1898
    76
    note 77
    chapter-6 Remittance, Reporting And
    violation
    78
    6.1 Remittance and Repatriation 78
    6.2 Reporting of Fdi 79
    6.3 Adherence to Guidelines/orders and Consequences of Violation
    penalties
    adjudication and Appeals
    compounding Proceedings
    82
    82
    82
    83
    4
    annexures
    annex-1-a Form Fc-gpr
    84
    annex-1-b Form Annual Return On Foreign Liabilities and Assets 91
    annex-2 Terms and Conditions for Transfer of Capital Instruments from Resident To
    non-resident and Vice-versa
    104
    annex-3 Documents to Be Submitted By a Person Resident in India for Transfer Of
    shares to a Person Resident Outside India By Way of Gift
    108
    annex-4 Definition of "relative" as Given in Section 6 of Companies Act, 1956
    109
    annex-5 Report By the Indian Company Receiving Amount of Consideration For
    issue of Shares / Convertible Debentures Under the Fdi Scheme
    110
    annex-6 Know Your Customer (kyc) Form in Respect of the Non-resident
    investor
    112
    annex-7 Form Fc-trs
    113
    annex-8 Form Dr
    118
    annex-9 Form Dr - Quarterly
    120
    5
    chapter 1: Intent and Objective
    1.1 Intent and Objective
    1.1.1 It is the Intent and Objective of the Government to Promote Foreign Direct Investment
    through a Policy Framework Which is Transparent, Predictable, Simple and Clear and Reduces
    regulatory Burden. the System of Periodic Consolidation and Updation is Introduced as An
    investor Friendly Measure.
    1.1.2 investment is Usually Understood as Financial Contribution to the Capital of An Enterprise
    or Purchase of Shares in the Enterprise. foreign Investment is Investment in An Enterprise By A
    non-resident Irrespective of Whether this Involves New Capital or Re-investment of Earnings.
    foreign Investment is of Two Kinds (i) Foreign Direct Investment (fdi) and (ii) Foreign
    portfolio Investment.
    1.1.3 International Monetary Fund (imf) and Organization for Economic Cooperation And
    development(oecd) Define Fdi Similarly as a Category of Cross Border Investment Made By A
    resident in One Economy (the Direct Investor) with the Objective of Establishing a lasting Interest
    in An Enterprise (the Direct Investment Enterprise) that is Resident in An Economy other Than that Of
    the Direct Investor. the Motivation of the Direct Investor is a Strategic Long Term Relationship
    with the Direct Investment Enterprise to Ensure the Significant Degree of Influence By the Direct
    investor in the Management of the Direct Investment Enterprise. Direct Investment Allows The
    direct Investor to Gain Access to the Direct Investment Enterprise Which It Might Otherwise Be
    unable to Do. the Objectives of Direct Investment are Different from Those of Portfolio Investment
    whereby Investors Do Not Generally Expect to Influence the Management of the Enterprise. in The
    indian Context, Fdi is Defined in Para 2.1.12 of this Circular.
    1.1.4 It is the Policy of the Government of India to Attract and Promote Productive Fdi In
    activities Which Significantly Contribute to Industrialization and Socio-economic Development.
    fdi Supplements Domestic Capital and Technology.
    6
    1.1.5 the Legal Basis: Foreign Direct Investment By Non-resident in Resident Entities Through
    transfer or Issue of Security to Person Resident Outside India is a capital Account Transaction And
    is Regulated Under Fema, 1999 and Its Regulations. Keeping in View the Current Requirements,
    the Government from Time to Time Comes Up with New Regulations and Amendments/changes In
    the Existing Ones Through Order/allied Rules, Press Notes, Etc. the Department of Industrial
    policy and Promotion (dipp), Ministry of Commerce & Industry, Government of India Makes
    policy Pronouncements On Fdi Through Press Notes/ Press Releases Which are Notified By The
    reserve Bank of India as Amendment to the Foreign Exchange Management (transfer or Issue Of
    security By Persons Resident Outside India) Regulations, 2000 (notification No.fema 20/2000-
    rb Dated May 3, 2000). These Notifications Take Effect from the Date of Issue of Press Notes/
    press Releases, Unless Specified Otherwise Therein. the Procedural Instructions are Issued By The
    reserve Bank of India Vide A.p.dir. (series) Circulars. the Regulatory Framework Over a Period
    of Time Thus Consists of Acts, Regulations, Press Notes, Press Releases, Clarifications, Etc.
    1.1.6 the Circular 1 of 2010 and Circular 2 of 2010 Issued By this Department On 31st March
    2010 and 30th September 2010 Respectively, Consolidated Into One Document all the Prior
    policies/regulations On Fdi Which are Contained in Fema, 1999, Rbi Regulations Under Fema,
    1999 and Press Notes/press Releases/clarifications Issued By Dipp and Reflected the Current
    policy Framework On Fdi. the Present Consolidation Subsumes and Supersedes all Press
    notes/press Releases/clarifications/ Circulars Issued By Dipp, Which Were in Force as On March
    31, 2011, and Reflects the Fdi Policy as On April 1, 2011. this Circular Accordingly Will Take
    effect from April 1, 2011. Its Next Revision Will Be Published On 30.09.2011.
    1.1.7 Notwithstanding the Rescission of Earlier Press Notes/press
    releases/clarifications/circulars, Anything Done or Any Action Taken or Purported to have Been
    done or Taken Under the Rescinded Press Notes/press Releases/clarifications/circulars Prior To
    april 1, 2011, Shall, in So Far as It is Not Inconsistent with Those Press Notes/press
    releases/clarifications/circulars, Be Deemed to have Been Done or Taken Under the Corresponding
    provisions of this Circular and Shall Be Valid and Effective.
    1.1.8 While this Circular Consolidates Fdi Policy Framework, the Legal Edifice is Built On
    notifications Issued By Rbi Under Fema. Therefore, Any Changes Notified By Rbi from Time To
    7
    time Would have to Be Complied with and Where There is a Need / Scope of Interpretation, The
    relevant Fema Notification Will Prevail.
    1.1.9 Reference to Any Statute or Legislation Made in this Circular Shall Include
    reference to Any Modifications, Amendments or Re-enactments Thereof.
    ______________________________________________________________________
    8
    chapter 2: Definitions
    2.1 Definitions: the Definitions of Terms Used in this Circular are as Follows:-
    2.1.1 ad Category-i Bank Means a Bank( Scheduled Commercial, State or Urban
    cooperative) Which is Authorized Under Section 10(1) of Fema to Undertake All
    current and Capital Account Transactions According to the Directions Issued By the Rbi
    from Time to Time.
    2.1.2 authorized Bank Means a Bank Including a Co-operative Bank (other Than An
    authorized Dealer) Authorized By the Reserve Bank to Maintain An Account of a Person
    resident Outside India
    2.1.3 authorized Dealer Means a Person Authorized as An Authorized Dealer Under Subsection
    (1) of Section 10 of Fema.
    2.1.4 authorized Person Means An Authorized Dealer, Money Changer, Offshore Banking
    unit or Any other Person for the Time Being Authorized Under Sub-section (a) Of
    section 10 of Fema to Deal in Foreign Exchange or Foreign Securities.
    2.1.5 capital Means Equity Shares; Fully, Compulsorily & Mandatorily Convertible
    preference Shares; Fully, Compulsorily & Mandatorily Convertible Debentures.
    note : Warrants and Partly Paid Shares Can Be Issued to Person/ (s) Resident Outside
    india Only After Approval Through the Government Route1.
    2.1.6 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, and Includes Transactions Referred
    to in Sub-section (3) of Section 6 of Fema.
    2.1.7 a Company is Considered as controlled By Resident Indian Citizens if the Resident
    indian Citizens and Indian Companies, Which are Owned and Controlled By Resident
    indian Citizens, have the Power to Appoint a Majority of Its Directors in that Company .
    1 Review of Fdi Policy to Include Warrants and Partly-paid Shares is Under Consideration of the Government.
    9
    2.1.8 An Entity is Considered as controlled By non Resident Entities, if Non-residents
    have the Power to Appoint a Majority of Its Directors
    2.1.9 depository Receipt (dr) Means a Negotiable Security Issued Outside India By A
    depository Bank, On Behalf of An Indian Company, Which Represent the Local Rupee
    denominated Equity Shares of the Company Held as Deposit By a Custodian Bank In
    india. Drs are Traded On Stock Exchanges in the Us, Singapore, Luxembourg, Etc.
    drs Listed and Traded in the Us Markets are Known as American Depository Receipts
    (adrs) and Those Listed and Traded Anywhere/elsewhere are Known as Global
    depository Receipts (gdrs).
    2.1.10 erstwhile Overseas Corporate Body (ocb) Means a Company, Partnership Firm,
    society and other Corporate Body Owned Directly or Indirectly to the Extent of At Least
    sixty Percent By Non-resident Indian and Includes Overseas Trust in Which Not Less Than
    sixty Percent Beneficial Interest is Held By Non-resident Indian Directly or Indirectly
    but Irrevocably and Which Was in Existence On the Date of Commencement of The
    foreign Exchange Management (withdrawal of General Permission to Overseas
    corporate Bodies (ocbs) ) Regulations, 2003 (the Regulations) and Immediately
    prior to such Commencement Was Eligible to Undertake Transactions Pursuant to The
    general Permission Granted Under the Regulations.
    2.1.11 foreign Currency Convertible Bond(fccb) Means a Bond Issued By An Indian
    company Expressed in Foreign Currency, the Principal and Interest of Which is Payable
    in Foreign Currency. Fccbs are Issued in Accordance with the Foreign Currency
    convertible Bonds and Ordinary Shares (through Depository Receipt Mechanism)
    scheme 1993 and Subscribed By a Non-resident Entity in Foreign Currency And
    convertible Into Ordinary Shares of the Issuing Company in Any Manner, Either In
    whole, or in Part.
    2.1.12 fdi Means Investment By Non-resident Entity/person Resident Outside India in The
    capital of the Indian Company Under Schedule 1 of Fem(transfer or Issue of Security
    by a Person Resident Outside India) Regulations 2000.
    2.1.13 fema Means the Foreign Exchange Management Act 1999 (42 of 1999).
    10
    2.1.14 fipb Means the Foreign Investment Promotion Board Constituted By The
    government of India.
    2.1.15 foreign Institutional Investor(fii) Means An Entity Established or Incorporated
    outside India Which Proposes to Make Investment in India and Which is Registered as A
    fii in Accordance with the Sebi (fii) Regulations 1995.
    2.1.16 foreign Venture Capital Investor (fvci) Means An Investor Incorporated And
    established Outside India, Which is Registered Under the Securities and Exchange
    board of India (foreign Venture Capital Investor) Regulations, 2000 sebi(fvci)
    regulations and Proposes to Make Investment in Accordance with These Regulations
    2.1.17 government Route Means that Investment in the Capital of Resident Entities By Nonresident
    entities Can Be Made Only with the Prior Approval from Fipb, Ministry Of
    finance or Sia, Dipp as the Case May Be.
    2.1.18 holding Company Would have the Same Meaning as Defined in Companies Act
    1956.
    2.1.19 indian Company Means a Company Incorporated in India Under the Companies Act,
    1956.
    2.1.20 indian Venture Capital Undertaking (ivcu) Means An Indian Company:
    (i) Whose Shares are Not Listed in a Recognised Stock Exchange in India;
    (ii) Which is Engaged in the Business of Providing Services, Production or Manufacture
    of Articles or Things, But Does Not Include such Activities or Sectors Which are Specified
    in the Negative List By the Sebi, with Approval of Central Government, By Notification
    in the Official Gazette in this Behalf.
    2.1.21 investing Company Means An Indian Company Holding Only Investments in Other
    indian Company/ (ies), Directly or Indirectly, other Than for Trading of Such
    holdings/securities.
    2.1.22 investment On Repatriable Basis Means Investment, the Sale Proceeds of Which, Net
    of Taxes, are Eligible to Be Repatriated Out of India and the Expression investment On
    non-repatriable Basis Shall Be Construed Accordingly.
    11
    2.1.23 joint Venture (jv) Means An Indian Entity Incorporated in Accordance with the Laws
    and Regulations in India in Whose Capital a Non-resident Entity Makes An Investment.
    2.1.24 non Resident Entity Means a person Resident Outside India as Defined Under Fema.
    2.1.25 non Resident Indian (nri) Means An Individual Resident Outside India Who is A
    citizen of India or is a Person of Indian Origin.
    2.1.26 a Company is Considered as owned By Resident Indian Citizens if More Than 50% Of
    the Capital in It is Beneficially Owned By Resident Indian Citizens and / or Indian
    companies, Which are Ultimately Owned and Controlled By Resident Indian Citizens;
    2.1.27 An Entity is Considered as owned By non Resident Entities, if More Than 50% of The
    capital in It is Beneficially Owned By Non-residents.
    2.1.28 pab Means Project Approval Board in Dipp, Ministry of Commerce & Industry,
    government of India.
    2.1.29 person Includes
    (i) An Individual
    (ii) a Hindu Undivided Family,
    (iii) a Company
    (iv) a Firm
    (v) An Association of Persons or a Body of Individuals Whether Incorporated Or
    not,
    (vi) Every Artificial Juridical Person, Not Falling Within Any of the Preceding Subclauses,
    and
    (vii) Any Agency, Office, or Branch Owned or Controlled By such Person.
    2.1.30 person of Indian Origin (pio) Means a Citizen of Any Country other Than Bangladesh
    or Pakistan, If
    (i) He At Any Time Held Indian Passport
    (ii) He or Either of His Parents or Any of His Grandparents Was a Citizen of India By
    12
    virtue of the Constitution of India or the Citizenship Act, 1955 (57 of 1955);
    or
    (iii) the Person is a Spouse of An Indian Citizen or a Person Referred to in Subclause
    (i) or (ii).
    2.1.31 person Resident in India Means -
    (i) a Person Residing in India for More Than One Hundred and Eighty-two Days
    during the Course of the Preceding Financial Year But Does Not Include
    (a) a Person Who Has Gone Out of India or Who Stays Outside India, in Either
    case-
    (a) for or On Taking Up Employment Outside India, Or
    (b) for Carrying On Outside India a Business or Vocation Outside India, Or
    (c) for Any other Purpose, in such Circumstances as Would Indicate His
    intention to Stay Outside India for An Uncertain Period;
    (b) a Person Who Has Come to or Stays in India, in Either Case, Otherwise Than-
    (a) for or On Taking Up Employment in India; Or
    (b) for Carrying On in India a Business or Vocation in India, Or
    (c) for Any other Purpose, in such Circumstances as Would Indicate His
    intention to Stay in India for An Uncertain Period;
    (ii) Any Person or Body Corporate Registered or Incorporated in India,
    (iii) An Office, Branch or Agency in India Owned or Controlled By a Person Resident
    outside India,
    (iv) An Office, Branch or Agency Outside India Owned or Controlled By a Person
    resident in India.
    2.1.32 person Resident Outside India Means a Person Who is Not a Person Resident in India.
    2.1.33 rbi Means the Reserve Bank of India Established Under the Reserve Bank of India
    act, 1934.
    2.1.34 resident Entity Means person Resident in India Excluding An Individual.
    2.1.35 resident Indian Citizen Shall Be Interpreted in Line with the Definition of person
    resident in India as per Fema, 1999, Read in Conjunction with the Indian Citizenship
    13
    act, 1955.
    2.1.36 sebi Means the Securities and Exchange Board of India Established Under The
    securities and Exchange Board of India Act, 1992.
    2.1.37 sez Means a Special Economic Zone as Defined in Special Economic Zone Act,
    2005.
    2.1.38 sia Means Secretariat of Industrial Assistance in Dipp, Ministry of Commerce &
    industry, Government of India.
    2.1.39 transferable Development Rights (tdr) Means Certificates Issued in Respect Of
    category of Land Acquired for Public Purposes Either By the Central or State
    government in Consideration of Surrender of Land By the Owner Without Monetary
    compensation, Which are Transferable in Part or Whole.
    2.1.40 venture Capital Fund (vcf) Means a Fund Established in the Form of a Trust, A
    company Including a Body Corporate and Registered Under Securities and Exchange
    board of India (venture Capital Fund) Regulations, 1996, Which
    (i) Has a Dedicated Pool of Capital;
    (ii) Raised in the Manner Specified Under the Regulations; And
    (iii) Invests in Accordance with the Regulations.
    14
    chapter 3: Origin, Type, Eligibility, Conditions
    and Issue/transfer of Investment
    3.1 Who Can Invest in India?
    3.1.1 a Non-resident Entity (other Than a Citizen of Pakistan or An Entity Incorporated in Pakistan)
    can Invest in India, Subject to the Fdi Policy. a Citizen of Bangladesh or An Entity Incorporated
    in Bangladesh Can Invest in India Under the Fdi Policy, Only Under the Government Route.
    3.1.2 Nris Resident in Nepal and Bhutan as Well as Citizens of Nepal and Bhutan are Permitted
    to Invest in the Capital of Indian Companies On Repatriation Basis, Subject to the Condition that The
    amount of Consideration for such Investment Shall Be Paid Only By Way of Inward Remittance In
    free Foreign Exchange Through Normal Banking Channels.
    3.1.3 Ocbs have Been Derecognized as a Class of Investors in India with Effect from September
    16, 2003. Erstwhile Ocbs Which are Incorporated Outside India and are Not Under the Adverse
    notice of Rbi Can Make Fresh Investments Under Fdi Policy as Incorporated Non-resident Entities,
    with the Prior Approval of Government of India if the Investment is Through Government Route;
    and with the Prior Approval of Rbi if the Investment is Through Automatic Route.
    3.1.4 (i) An Fii May Invest in the Capital of An Indian Company Under the Portfolio Investment
    scheme Which Limits the Individual Holding of An Fii to 10% of the Capital of The
    company and the Aggregate Limit for Fii Investment to 24% of the Capital of the Company.
    this Aggregate Limit of 24% Can Be Increased to the Sectoral Cap/statutory Ceiling, As
    applicable, By the Indian Company Concerned By Passing a Resolution By Its Board Of
    directors Followed By Passing of a Special Resolution to that Effect By Its General Body.
    the Aggregate Fii Investment, in the Fdi and Portfolio Investment Scheme, Should Be
    within the Above Caps.
    (ii) the Indian Company Which Has Issued Shares to Fiis Under the Fdi Policy for Which The
    payment Has Been Received Directly Into Companys Account Should Report These Figures
    separately Under Item No. 5 of Form Fc-gpr (annex-1-a) (post-issue Pattern Of
    shareholding) So that the Details Could Be Suitably Reconciled for Statistical/monitoring
    purposes.
    15
    (iii) a Daily Statement in Respect of all Transactions (except Derivative Trade) have to Be
    submitted By the Custodian Bank in Floppy / Soft Copy in the Prescribed Format Directly To
    rbi to Monitor the Overall Ceiling/sectoral Cap/statutory Ceiling.
    3.1.5 No Person other Than Registered Fii/nri as per Schedules Ii and Iii of Foreign Exchange
    management (transfer or Issue of Security By a Person Resident Outside India) Regulations Of
    fema 1999, Can Invest/trade in Capital of Indian Companies in the Indian Stock Exchanges
    directly I.e. Through Brokers like a Person Resident in India.
    3.1.6 a Sebi Registered Foreign Venture Capital Investor (fvci) May Contribute Up to 100%
    of the Capital of An Indian Venture Capital Undertaking (ivcu) and May also Set Up a Domestic
    asset Management Company to Manage the Fund. all such Investments Can Be Made Under The
    automatic Route in Terms of Schedule 6 to Notification No. Fema 20. a Sebi Registered Fvci
    can also Invest in a Domestic Venture Capital Fund Registered Under the Sebi (venture Capital
    fund) Regulations, 1996. such Investments Would also Be Subject to the Extant Fema
    regulations and Extant Fdi Policy Including Sectoral Caps, Etc. Sebi Registered Fvcis are Also
    allowed to Invest Under the Fdi Scheme, as Non-resident Entities, in other Companies, Subject To
    fdi Policy and Fema Regulations.
    3.2 Types of Instruments.
    3.2.1 Indian Companies Can Issue Equity Shares, Fully, Compulsorily and Mandatorily
    convertible Debentures and Fully, Compulsorily and Mandatorily Convertible Preference Shares
    subject to Pricing Guidelines/valuation Norms Prescribed Under Fema Regulations. the Price/
    conversion Formula of Convertible Capital Instruments Should Be Determined Upfront At the Time
    of Issue of the Instruments. the Price At the Time of Conversion Should Not in Any Case Be Lower
    than the Fair Value Worked Out, At the Time of Issuance of such Instruments, in Accordance With
    the Extant Fema Regulations [the Dcf Method of Valuation for the Unlisted Companies And
    valuation in Terms of Sebi (icdr) Regulations, for the Listed Companies].
    3.2.2 other Types of Preference Shares/debentures I.e. Non-convertible, Optionally Convertible Or
    partially Convertible for Issue of Which Funds have Been Received On or After May 1, 2007 Are
    considered as Debt. Accordingly all Norms Applicable for Ecbs Relating to Eligible Borrowers,
    16
    recognized Lenders, Amount and Maturity, End-use Stipulations, Etc. Shall Apply. Since These
    instruments Would Be Denominated in Rupees, the Rupee Interest Rate Will Be Based On the Swap
    equivalent of London Interbank Offered Rate (libor) Plus the Spread as Permissible for Ecbs
    of Corresponding Maturity.
    3.2.3 the Inward Remittance Received By the Indian Company Vide Issuance of Drs and Fccbs
    are Treated as Fdi and Counted Towards Fdi.
    3.2.4 Issue of Shares By Indian Companies Under Fccb/adr/gdr
    (i) Indian Companies Can Raise Foreign Currency Resources Abroad Through the Issue Of
    fccb/dr (adrs/gdrs), in Accordance with the Scheme for Issue of Foreign Currency
    convertible Bonds and Ordinary Shares (through Depository Receipt Mechanism)
    scheme, 1993 and Guidelines Issued By the Government of India There Under from Time To
    time.
    (ii) a Company Can Issue Adrs / Gdrs if It is Eligible to Issue Shares to Persons Resident
    outside India Under the Fdi Policy. However, An Indian Listed Company, Which is Not
    eligible to Raise Funds from the Indian Capital Market Including a Company Which Has
    been Restrained from Accessing the Securities Market By the Securities and Exchange
    board of India (sebi) Will Not Be Eligible to Issue Adrs/gdrs.
    (iii) Unlisted Companies, Which have Not Yet Accessed the Adr/gdr Route for Raising Capital
    in the International Market, Would Require Prior or Simultaneous Listing in the Domestic
    market, While Seeking to Issue such Overseas Instruments. Unlisted Companies, Which
    have Already Issued Adrs/gdrs in the International Market, have to List in the Domestic
    market On Making Profit or Within Three Years of such Issue of Adrs/gdrs, Whichever Is
    earlier. Adrs / Gdrs are Issued On the Basis of the Ratio Worked Out By the Indian
    company in Consultation with the Lead Manager to the Issue. the Proceeds So Raised Have
    to Be Kept Abroad Till Actually Required in India. Pending Repatriation or Utilization of The
    proceeds, the Indian Company Can Invest the Funds In:-
    (a) Deposits, Certificate of Deposits or other Instruments Offered By Banks Rated By
    standard and Poor, Fitch, Ibca ,Moodys, Etc. with Rating Not Below the Rating
    stipulated By Reserve Bank from Time to Time for the Purpose;
    (b) Deposits with Branch/es of Indian Authorized Dealers Outside India; And
    17
    (c) Treasury Bills and other Monetary Instruments with a Maturity or Unexpired Maturity
    of One Year or Less.
    (iv) There are No End-use Restrictions Except for a Ban On Deployment / Investment of Such
    funds in Real Estate or the Stock Market. There is No Monetary Limit Up to Which An Indian
    company Can Raise Adrs / Gdrs.
    (v) the Adr / Gdr Proceeds Can Be Utilized for First Stage Acquisition of Shares in The
    disinvestment Process of Public Sector Undertakings / Enterprises and also in The
    mandatory Second Stage Offer to the Public in View of Their Strategic Importance.
    (vi) Voting Rights On Shares Issued Under the Scheme Shall Be as per the Provisions Of
    companies Act, 1956 and in a Manner in Which Restrictions On Voting Rights Imposed On
    adr/gdr Issues Shall Be Consistent with the Company Law Provisions. Voting Rights In
    the Case of Banking Companies Will Continue to Be in Terms of the Provisions of The
    banking Regulation Act, 1949 and the Instructions Issued By the Reserve Bank from Time
    to Time, as Applicable to all Shareholders Exercising Voting Rights.
    (vii) Erstwhile Ocbs Who are Not Eligible to Invest in India and Entities Prohibited From
    buying, Selling or Dealing in Securities By Sebi Will Not Be Eligible to Subscribe to Adrs/
    gdrs Issued By Indian Companies.
    (viii)the Pricing of Adr / Gdr Issues Should Be Made At a Price Determined Under The
    provisions of the Scheme of Issue of Foreign Currency Convertible Bonds and Ordinary
    shares (through Depository Receipt Mechanism) Scheme, 1993 and Guidelines Issued By
    the Government of India and Directions Issued By the Reserve Bank, from Time to Time.
    (ix) the Pricing of Sponsored Adrs/gdrs Would Be Determined Under the Provisions of The
    scheme of Issue of Foreign Currency Convertible Bonds and Ordinary Shares (through
    depository Receipt Mechanism) Scheme, 1993 and Guidelines Issued By the Government
    of India and Directions Issued By the Reserve Bank, from Time to Time.
    3.2.5 (i) Two-way Fungibility Scheme: a Limited Two-way Fungibility Scheme Has Been Put
    in Place By the Government of India for Adrs / Gdrs. Under this Scheme, a Stock Broker In
    india, Registered with Sebi, Can Purchase Shares of An Indian Company from the Market For
    conversion Into Adrs/gdrs Based On Instructions Received from Overseas Investors. Re18
    issuance of Adrs / Gdrs Would Be Permitted to the Extent of Adrs / Gdrs Which have Been
    redeemed Into Underlying Shares and Sold in the Indian Market.
    (ii) Sponsored Adr/gdr Issue: An Indian Company Can also Sponsor An Issue of Adr / Gdr.
    under this Mechanism, the Company Offers Its Resident Shareholders a Choice to Submit Their
    shares Back to the Company So that On the Basis of such Shares, Adrs / Gdrs Can Be Issued
    abroad. the Proceeds of the Adr / Gdr Issue are Remitted Back to India and Distributed Among
    the Resident Investors Who Had Offered Their Rupee Denominated Shares for Conversion. These
    proceeds Can Be Kept in Resident Foreign Currency (domestic) Accounts in India By the Resident
    shareholders Who have Tendered such Shares for Conversion Into Adrs / Gdrs.
    3.3 Entities Into Which Fdi Can Be Made
    3.3.1 Fdi in An Indian Company
    (i) Indian Companies Including Those Which are Micro and Small Enterprises (mses) Can
    issue Capital Against Fdi.
    3.3.2 Fdi in Partnership Firm / Proprietary Concern:
    (i) a Non-resident Indian (nri) or a Person of Indian Origin (pio) Resident Outside India
    can Invest By Way of Contribution to the Capital of a Firm or a Proprietary Concern in India
    on Non-repatriation Basis Provided;
    (a) Amount is Invested By Inward Remittance or Out of Nre/fcnr(b)/nro Account
    maintained with Authorized Dealers / Authorized Banks.
    (b) the Firm or Proprietary Concern is Not Engaged in Any Agricultural/plantation or Real
    estate Business or Print Media Sector.
    (c) Amount Invested Shall Not Be Eligible for Repatriation Outside India.
    (ii) Investments with Repatriation Benefits: Nris/pio May Seek Prior Permission of Reserve
    bank for Investment in Sole Proprietorship Concerns/partnership Firms with Repatriation
    benefits. the Application Will Be Decided in Consultation with the Government of India.
    (iii)investment By Non-residents other Than Nris/pio: a Person Resident Outside India Other
    than Nris/pio May Make An Application and Seek Prior Approval of Reserve Bank For
    making Investment By Way of Contribution to the Capital of a Firm or a Proprietorship
    concern or Any Association of Persons in India. the Application Will Be Decided In
    consultation with the Government of India.
    19
    (iv)restrictions: An Nri or Pio is Not Allowed to Invest in a Firm or Proprietorship Concern
    engaged in Any Agricultural/plantation Activity or Real Estate Business (i.e. Dealing in Land
    and Immovable Property with a View to Earning Profit or Earning Income There From) Or
    engaged in Print Media.
    3.3.3 Fdi in Venture Capital Fund (vcf): Fvcis are Allowed to Invest in Indian
    venture Capital Undertakings (ivcus) /venture Capital Funds (vcfs) /other Companies, As
    stated in Paragraph 3.1.6 of this Circular. if a Domestic Vcf is Set Up as a Trust, a Person Resident
    outside India (non-resident Entity/individual Including An Nri) Cannot Invest in such Domestic
    vcf Under the Automatic Route of the Fdi Scheme and Would Be Allowed Subject to Approval Of
    the Fipb. However, if a Domestic Vcf is Set-up as An Incorporated Company Under The
    companies Act, 1956, Then a Person Resident Outside India (non-resident Entity/individual
    including An Nri) Can Invest in such Domestic Vcf Under the Automatic Route of Fdi Scheme,
    subject to the Pricing Guidelines, Reporting Requirements, Mode of Payment, Minimum
    capitalization Norms, Etc.
    3.3.4 Fdi in Trusts: Fdi in Trusts other Than Vcf is Not Permitted.
    3.3.5 Fdi in other Entities2: Fdi in Resident Entities other Than Those Mentioned Above is Not
    permitted.
    3.4 Conditions On Issue/transfer of Shares
    3.4.1 the Capital Instruments Should Be Issued Within 180 Days from the Date of Receipt of The
    inward Remittance or By Debit to the Nre/fcnr (b) Account of the Non-resident Investor. In
    case, the Capital Instruments are Not Issued Within 180 Days from the Date of Receipt of the Inward
    remittance or Date of Debit to the Nre/fcnr (b) Account, the Amount of Consideration So
    received Should Be Refunded Immediately to the Non-resident Investor By Outward Remittance
    through Normal Banking Channels or By Credit to the Nre/fcnr (b) Account, as the Case May
    be. Non-compliance with the Above Provision Would Be Reckoned as a Contravention Under
    fema and Would Attract Penal Provisions. in Exceptional Cases, Refund of the Amount Of
    2 Review of Fdi Policy to Allow Fdi in Llps is Under Consideration of the Government.
    20
    consideration Outstanding Beyond a Period of 180 Days from the Date of Receipt May Be
    considered By the Rbi, On the Merits of the Case.
    3.4.2 Issue Price of Shares Price of Shares Issued to Persons Resident Outside India Under The
    fdi Policy, Shall Not Be Less Than -
    a. the Price Worked Out in Accordance with the Sebi Guidelines, as Applicable, Where The
    shares of the Company is Listed On Any Recognised Stock Exchange in India;
    b. the Fair Valuation of Shares Done By a Sebi Registered Category - I Merchant Banker or A
    chartered Accountant as per the Discounted Free Cash Flow Method, Where the Shares Of
    the Company is Not Listed On Any Recognised Stock Exchange in India ; And
    c. the Price as Applicable to Transfer of Shares from Resident to Non-resident as per The
    pricing Guidelines Laid Down By the Reserve Bank from Time to Time, Where the Issue Of
    shares is On Preferential Allotment.
    3.4.3 Foreign Currency Account Indian Companies Which are Eligible to Issue Shares To
    persons Resident Outside India Under the Fdi Policy May Be Allowed to Retain the Share
    subscription Amount in a Foreign Currency Account, with the Prior Approval of Rbi.
    3.4.4 Transfer of Shares and Convertible Debentures
    (i) Subject to Fdi Sectoral Policy, Non-resident Investors Can also Invest in Indian Companies
    by Purchasing/acquiring Existing Shares from Indian Shareholders or from other Nonresident
    shareholders. General Permission Has Been Granted to Non-residents/nris For
    acquisition of Shares By Way of Transfer Subject to the Following:
    (a) a Person Resident Outside India (other Than Nri and Erstwhile Ocb) May Transfer By
    way of Sale or Gift, the Shares or Convertible Debentures to Any Person Resident Outside
    india (including Nris).
    (b) Nris May Transfer By Way of Sale or Gift the Shares or Convertible Debentures Held By
    them to Another Nri.
    (c) a Person Resident Outside India Can Transfer Any Security to a Person Resident in India
    by Way of Gift.
    21
    (d) a Person Resident Outside India Can Sell the Shares and Convertible Debentures of An
    indian Company On a Recognized Stock Exchange in India Through a Stock Broker
    registered with Stock Exchange or a Merchant Banker Registered with Sebi.
    (e) a Person Resident in India Can Transfer By Way of Sale, Shares/convertible Debentures
    (including Transfer of Subscribers Shares), of An Indian Company in Sectors other Than
    financial Services Sectors (i.e. Banks, Nbfc, Insurance, Asset Reconstruction
    companies (arcs), Credit Information Companies (cics), Infrastructure Companies
    in the Securities Market Viz. Stock Exchanges, Clearing Corporations, And
    depositories, Commodity Exchanges, Etc.) Under Private Arrangement to a Person
    resident Outside India, Subject to the Guidelines Given in Annex-2.
    (f) General Permission is also Available for Transfer of Shares/convertible Debentures, By
    way of Sale Under Private Arrangement By a Person Resident Outside India to a Person
    resident in India, Subject to the Guidelines Given in Annex-2.
    (g) the Above General Permission also Covers Transfer By a Resident to a Non-resident Of
    shares/convertible Debentures of An Indian Company, Engaged in An Activity Earlier
    covered Under the Government Route But Now Falling Under Automatic Route, as Well
    as Transfer of Shares By a Non-resident to An Indian Company Under Buyback And/or
    capital Reduction Scheme of the Company. However, this General Permission is Not
    available in Case of Transfer of Shares / Debentures, from a Resident to a Non-
    resident/non-resident Indian, of An Entity Engaged in Any Activity in the Financial
    services Sector (i.e. Banks, Nbfcs, Asset Reconstruction Companies (arcs), Credit
    information Companies (cics), Insurance, Infrastructure Companies in the Securities
    market such as Stock Exchanges, Clearing Corporations, and Depositories,
    commodity Exchanges, Etc.).
    (h) the Form Fc-trs Should Be Submitted to the Ad Category-i Bank, Within 60 Days
    from the Date of Receipt of the Amount of Consideration. the Onus of Submission Of
    the Form Fc-trs Within the Given Timeframe Would Be On the Transferor/transferee,
    resident in India.
    (ii) the Sale Consideration in Respect of Equity Instruments Purchased By a Person Resident
    outside India, Remitted Into India Through Normal Banking Channels, Shall Be Subjected To
    a Know Your Customer (kyc) Check By the Remittance Receiving Ad Category I Bank
    22
    at the Time of Receipt of Funds. in Case, the Remittance Receiving Ad Category I Bank Is
    different from the Ad Category I Bank Handling the Transfer Transaction, the Kyc
    check Should Be Carried Out By the Remittance Receiving Bank and the Kyc Report Be
    submitted By the Customer to the Ad Category I Bank Carrying Out the Transaction Along
    with the Form Fc-trs.
    (iii) Escrow: Ad Category I Banks have Been Given General Permission to Open Escrow
    account and Special Account of Non-resident Corporate for Open Offers / Exit Offers And
    delisting of Shares. the Relevant Sebi (sast) Regulations or Any other Applicable Sebi
    regulations/ Provisions of the Companies Act, 1956 Will Be Applicable.
    3.4.5 Prior Permission of Rbi in Certain Cases for Transfer of Capital Instruments
    (i) the Following Instances of Transfer of Capital Instruments from Resident to Non-residents
    by Way of Sale Require Prior Approval of Rbi:
    (a) Transfer of Capital Instruments of An Indian Company Engaged in Financial Services
    sector (i.e. Banks, Nbfcs, Asset Reconstruction Companies (arcs), Credit
    information Companies (cics), Insurance Companies, Infrastructure Companies In
    the Securities Market such as Stock Exchanges, Clearing Corporations, And
    depositories, Commodity Exchanges, Etc.).
    (b) Transactions Which Attract the Provisions of Sebi (substantial Acquisition of Shares
    & Takeovers) Regulations, 1997.
    (c) the Activity of the Indian Company Whose Capital Instruments are Being Transferred
    falls Outside the Automatic Route and the Approval of the Government Has Been
    obtained for the Said Transfer.
    (d) the Transfer is to Take Place At a Price Which Falls Outside the Pricing Guidelines
    specified By the Reserve Bank from Time to Time.
    (e) Transfer of Capital Instruments Where the Non-resident Acquirer Proposes Deferment Of
    payment of the Amount of Consideration, Prior Approval of the Reserve Bank Would Be
    required, as Hitherto. Further, in Case Approval is Granted for a Transaction, the Same
    should Be Reported in Form Fc-trs, to An Ad Category I Bank for Necessary Due
    diligence , Within 60 Days from the Date of Receipt of the Full and Final Amount Of
    consideration.
    23
    (ii) the Transfer of Capital Instruments of Companies Engaged in Sectors Falling Under The
    government Route from Residents to Non-residents By Way of Sale or Otherwise Requires
    government Approval Followed By Permission from Rbi.
    (iii) a Person Resident in India, Who Intends to Transfer Any Capital Instrument, By Way of Gift
    to a Person Resident Outside India, Has to Obtain Prior Approval from Reserve Bank. While
    forwarding Applications to Reserve Bank for Approval for Transfer of Capital Instruments
    by Way of Gift, the Documents Mentioned in Annex-3 Should Be Enclosed. Reserve Bank
    considers the Following Factors While Processing such Applications:
    (a) the Proposed Transferee (donee) is Eligible to Hold such Capital Instruments Under
    schedules 1, 4 and 5 of Notification No. Fema 20/2000-rb Dated May 3, 2000, As
    amended from Time to Time.
    (b) the Gift Does Not Exceed 5 per Cent of the Paid-up Capital of the Indian Company/each
    series of Debentures/each Mutual Fund Scheme.
    (c) the Applicable Sectoral Cap Limit in the Indian Company is Not Breached.
    (d) the Transferor (donor) and the Proposed Transferee (donee) are Close Relatives As
    defined in Section 6 of the Companies Act, 1956, as Amended from Time to Time. The
    current List is Reproduced in Annex-4.
    (e) the Value of Capital Instruments to Be Transferred Together with Any Capital
    instruments Already Transferred By the Transferor, as Gift, to Any Person Residing
    outside India Does Not Exceed the Rupee Equivalent of Usd 25,000 During the Calendar
    year.
    (f) such other Conditions as Stipulated By Reserve Bank in Public Interest from Time To
    time.
    3.4.6 Conversion of Ecb/lumpsum Fee/royalty Into Equity
    (i) Indian Companies have Been Granted General Permission for Conversion of External
    commercial Borrowings (ecb) (excluding Those Deemed as Ecb) in Convertible Foreign
    currency Into Equity Shares/fully Compulsorily and Mandatorily Convertible Preference
    shares, Subject to the Following Conditions and Reporting Requirements.
    (a) the Activity of the Company is Covered Under the Automatic Route for Fdi or The
    company Has Obtained Government Approval for Foreign Equity in the Company;
    24
    (b) the Foreign Equity After Conversion of Ecb Into Equity is Within the Sectoral Cap, If
    any;
    (c) Pricing of Shares is as per the Provision of Para 3.4.2 Above;
    (d) Compliance with the Requirements Prescribed Under Any other Statute and Regulation
    in Force; And
    (e) the Conversion Facility is Available for Ecbs Availed Under the Automatic Or
    government Route and is Applicable to Ecbs, Due for Payment or Not, as Well As
    secured/unsecured Loans Availed from Non-resident Collaborators.
    (ii) General Permission is also Available for Issue of Shares/preference Shares Against Lump
    sum Technical Know-how Fee, Royalty, Subject to Entry Route, Sectoral Cap and Pricing
    guidelines (as per the Provision of Para 3.4.2 Above) and Compliance with Applicable Tax
    laws.
    (iii) Issue of Equity Shares Under the Fdi Policy is Allowed Under the Government Route For
    the Following Categories:
    (i) Import of Capital Goods/ Machinery/ Equipment (including Second-hand Machinery),
    subject to Compliance with the Following Conditions:
    (a) Any Import of Capital Goods/machinery Etc., Made By a Resident in India, Has to Be
    in Accordance with the Export/ Import Policy Issued By Government of India/as
    defined By Dgft/fema Provisions Relating to Imports.
    (b) There is An Independent Valuation of the Capital Goods/machinery/equipments
    (including Second-hand Machinery) By a Third Party Entity, Preferably By An
    independent Valuer from the Country of Import Alongwith Production of Copies Of
    documents/certificates Issued By the Customs Authorities Towards Assessment of The
    fair-value of such Imports.
    (c) the Application Clearly Indicating the Beneficial Ownership and Identity of The
    importer Company as Well as Overseas Entity.
    (d) all such Conversions of Import Payables for Capital Goods Into Fdi Being Done
    within 180 Days from the Date of Shipment of Goods.
    (ii) Pre-operative/ Pre-incorporation Expenses (including Payments of Rent Etc.), Subject To
    compliance with the Following Conditions:
    (a) Submission of Firc for Remittance of Funds By the Overseas Promoters for The
    expenditure Incurred.
    (b) Verification and Certification of the Pre-incorporation/pre-operative Expenses By
    the Statutory Auditor.
    25
    (c) Payments Being Made Directly By the Foreign Investor to the Company. Payments
    made Through Third Parties Citing the Absence of a Bank Account or Similar Such
    reasons Will Not Be Allowed.
    (d) the Capitalization Being Done Within the Stipulated Period of 180 Days Permitted For
    retention of Advance Against Equity Under the Extant Fdi Policy.
    general Conditions:
    (i) all Requests for Conversion Should Be Accompanied By a Special Resolution of The
    company.
    (ii) Governments Approval Would Be Subject to Pricing Guidelines of Rbi And
    appropriate Tax Clearance.
    3.5 Issue of Instruments
    3.5.1 Issue of Rights/bonus Shares Fema Provisions Allow Indian Companies to Freely
    issue Rights/bonus Shares to Existing Non-resident Shareholders, Subject to Adherence to Sectoral
    cap, if Any. However, such Issue of Bonus / Rights Shares Has to Be in Accordance with Other
    laws/statutes like the Companies Act, 1956, Sebi (issue of Capital and Disclosure
    requirements) Regulations, 2009 (in Case of Listed Companies), Etc. the Offer On Right Basis To
    the Persons Resident Outside India Shall Be:
    (a) in the Case of Shares of a Company Listed On a Recognized Stock Exchange in India, At a Price
    as Determined By the Company;
    (b) in the Case of Shares of a Company Not Listed On a Recognized Stock Exchange in India, At A
    price Which is Not Less Than the Price At Which the Offer On Right Basis is Made to Resident
    shareholders.
    3.5.2 Prior Permission of Rbi for Rights Issue to Erstwhile Ocbs- Ocbs have Been Derecognised
    as a Class of Investors from September 16, 2003. Therefore Companies Desiring To
    issue Rights Share to such Erstwhile Ocbs Will have to Take Specific Prior Permission from Rbi.
    as Such, Entitlement of Rights Share is Not Automatically Available to Erstwhile Ocbs. However
    bonus Shares Can Be Issued to Erstwhile Ocbs Without the Approval of Rbi.
    26
    3.5.3 Additional Allocation of Rights Share By Residents to Non-residents Existing Nonresident
    shareholders are Allowed to Apply for Issue of Additional Shares/ Fully, Compulsorily And
    mandatorily Convertible Debentures/ Fully, Compulsorily and Mandatorily Convertible Preference
    shares Over and Above Their Rights Share Entitlements. the Investee Company Can Allot The
    additional Rights Share Out of Unsubscribed Portion, Subject to the Condition that the Overall Issue
    of Shares to Non-residents in the Total Paid-up Capital of the Company Does Not Exceed The
    sectoral Cap.
    3.5.4 Acquisition of Shares Under Scheme of Merger/demerger/amalgamation
    mergers/demergers/ Amalgamations of Companies in India are Usually Governed By An Order
    issued By a Competent Court On the Basis of the Scheme Submitted By the Companies Undergoing
    merger/demerger/amalgamation. Once the Scheme of Merger or Demerger or Amalgamation Of
    two or More Indian Companies Has Been Approved By a Court in India, the Transferee Company Or
    new Company is Allowed to Issue Shares to the Shareholders of the Transferor Company Resident
    outside India, Subject to the Conditions That:
    (i) the Percentage of Shareholding of Persons Resident Outside India in the Transferee or New
    company Does Not Exceed the Sectoral Cap, And
    (ii) the Transferor Company or the Transferee or the New Company is Not Engaged in Activities
    which are Prohibited Under the Fdi Policy .
    3.5.5 Issue of Shares Under Employees Stock Option Scheme (esops)
    (i) Listed Indian Companies are Allowed to Issue Shares Under the Employees Stock Option
    scheme (esops), to Its Employees or Employees of Its Joint Venture or Wholly Owned
    subsidiary Abroad Who are Resident Outside India, other Than to the Citizens of Pakistan.
    esops Can Be Issued to Citizens of Bangladesh with the Prior Approval of Fipb. Shares
    under Esops Can Be Issued Directly or Through a Trust Subject to the Condition That:
    (a) the Scheme Has Been Drawn in Terms of Relevant Regulations Issued By the Sebi, And
    (b) the Face Value of the Shares to Be Allotted Under the Scheme to the Non-resident
    employees Does Not Exceed 5 per Cent of the Paid-up Capital of the Issuing Company.
    (ii) Unlisted Companies have to Follow the Provisions of the Companies Act, 1956. The
    indian Company Can Issue Esops to Employees Who are Resident Outside India, other Than
    to the Citizens of Pakistan. Esops Can Be Issued to the Citizens of Bangladesh with The
    prior Approval of the Fipb.
    27
    (iii)the Issuing Company is Required to Report (plain Paper Reporting) the Details of Granting
    of Stock Options Under the Scheme to Non-resident Employees to the Regional Office
    concerned of the Reserve Bank and Thereafter the Details of Issue of Shares Subsequent To
    the Exercise of such Stock Options Within 30 Days from the Date of Issue of Shares in Form
    fc-gpr.
    3.5.6 Share Swap: in Cases of Investment By Way of Swap of Shares, Irrespective of The
    amount, Valuation of the Shares Will have to Be Made By a Category I Merchant Banker Registered
    with Sebi or An Investment Banker Outside India Registered with the Appropriate Regulatory
    authority in the Host Country. Approval of the Foreign Investment Promotion Board (fipb) Will
    also Be a Prerequisite for Investment By Swap of Shares.
    28
    chapter 4: Calculation, Entry Route, Caps, Entry
    conditions, Etc. of Investment
    4.1 Calculation of Total Foreign Investment I.e. Direct And
    indirect Foreign Investment in Indian Companies.
    4.1.1 Investment in Indian Companies Can Be Made Both By Non-resident as Well as Resident
    indian Entities. Any Non-resident Investment in An Indian Company is Direct Foreign Investment.
    investment By Resident Indian Entities Could Again Comprise of Both Resident and Non-resident
    investment. Thus, such An Indian Company Would have Indirect Foreign Investment if the Indian
    investing Company Has Foreign Investment in It. the Indirect Investment Can also Be a Cascading
    investment I.e. Through Multi-layered Structure.
    4.1.2 for the Purpose of Computation of Indirect Foreign Investment, Foreign Investment In
    indian Company Shall Include all Types of Foreign Investments I.e. Fdi; Investment By
    fiis(holding as On March 31); Nris; Adrs; Gdrs; Foreign Currency Convertible Bonds
    (fccb); Fully, Compulsorily and Mandatorily Convertible Preference Shares And
    fully,Compulsorily and Mandatorily Convertible Debentures Regardless of Whether the Said
    investments have Been Made Under Schedule 1, 2, 3 and 6 of Fem (transfer or Issue of Security
    by Persons Resident Outside India) Regulations, 2000.
    4.1.3 Guidelines for Calculation of Total Foreign Investment I.e. Direct and Indirect Foreign
    investment in An Indian Company.
    (i) Counting the Direct Foreign Investment: all Investment Directly By a Non-resident
    entity Into the Indian Company Would Be Counted Towards Foreign Investment.
    (ii) Counting of Indirect Foreign Investment:
    (a) the Foreign Investment Through the Investing Indian Company Would Not Be
    considered for Calculation of the Indirect Foreign Investment in Case of Indian
    companies Which are owned and Controlled By Resident Indian Citizens And/or
    indian Companies Which are Owned and Controlled By Resident Indian Citizens .
    29
    (b) for Cases Where Condition (a) Above is Not Satisfied or if the Investing Company Is
    owned or Controlled By non Resident Entities, the Entire Investment By the Investing
    company Into the Subject Indian Company Would Be Considered as Indirect Foreign
    investment,
    provided That, as An Exception, the Indirect Foreign Investment in Only the 100% Owned
    subsidiaries of Operating-cum-investing/investing Companies, Will Be Limited to The
    foreign Investment in the Operating-cum-investing/ Investing Company. this Exception Is
    made Since the Downstream Investment of a 100% Owned Subsidiary of the Holding
    company is Akin to Investment Made By the Holding Company and the Downstream
    investment Should Be a Mirror Image of the Holding Company. this Exception, However,
    is Strictly for Those Cases Where the Entire Capital of the Downstream Subsidy is Owned By
    the Holding Company.
    illustration
    to Illustrate, if the Indirect Foreign Investment is Being Calculated for Company X Which
    has Investment Through An Investing Company Y Having Foreign Investment, The
    following Would Be the Method of Calculation:
    (a) Where Company Y Has Foreign Investment Less Than 50%- Company X Would Not Be
    taken as Having Any Indirect Foreign Investment Through Company Y.
    (b) Where Company Y Has Foreign Investment of Say 75% And:
    (i) Invests 26% in Company X, the Entire 26% Investment By Company Y Would Be
    treated as Indirect Foreign Investment in Company X;
    (ii) Invests 80% in Company X, the Indirect Foreign Investment in Company X Would
    be Taken as 80%
    (iii) Where Company X is a Wholly Owned Subsidiary of Company Y (i.e. Company Y
    owns 100% Shares of Company X), Then Only 75% Would Be Treated as Indirect
    foreign Equity and the Balance 25% Would Be Treated as Resident Held Equity. The
    indirect Foreign Equity in Company X Would Be Computed in the Ratio of 75: 25 In
    the Total Investment of Company Y in Company X.
    (iii)the Total Foreign Investment Would Be the Sum Total of Direct and Indirect Foreign
    investment.
    30
    (iv) the Above Methodology of Calculation Would Apply At Every Stage of Investment In
    indian Companies and Thus to Each and Every Indian Company.
    (v) Additional Conditions:
    (a) the Full Details About the Foreign Investment Including Ownership Details Etc. in Indian
    company(s) and Information About the Control of the Company(s) Would Be Furnished By
    the Company(s) to the Government of India At the Time of Seeking Approval.
    (b) in Any Sector/activity, Where Government Approval is Required for Foreign Investment And
    in Cases Where There are Any Inter-se Agreements Between/amongst Share-holders Which
    have An Effect On the Appointment of the Board of Directors or On the Exercise of Voting
    rights or of Creating Voting Rights Disproportionate to Shareholding or Any Incidental
    matter Thereof, such Agreements Will have to Be Informed to the Approving Authority. The
    approving Authority Will Consider such Inter-se Agreements for Determining Ownership
    and Control When Considering the Case for Granting Approval for Foreign Investment.
    (c) in all Sectors Attracting Sectoral Caps, the Balance Equity I.e. Beyond the Sectoral Foreign
    investment Cap, Would Specifically Be Beneficially Owned By/held With/in the Hands Of
    resident Indian Citizens and Indian Companies, Owned and Controlled By Resident Indian
    citizens.
    (d) in the I& B and Defence Sectors Where the Sectoral Cap is Less Than 49%, the Company
    would Need to Be owned and Controlled By Resident Indian Citizens and Indian
    companies, Which are Owned and Controlled By Resident Indian Citizens.
    (a) for this Purpose, the Equity Held By the Largest Indian Shareholder Would have to Be
    at Least 51% of the Total Equity, Excluding the Equity Held By Public Sector Banks And
    public Financial Institutions, as Defined in Section 4a of the Companies Act, 1956.
    the Term largest Indian Shareholder, Used in this Clause, Will Include Any or A
    combination of the Following:
    (i) in the Case of An Individual Shareholder,
    (aa) the Individual Shareholder,
    (bb) a Relative of the Shareholder Within the Meaning of Section 6 of The
    companies Act, 1956.
    (cc) a Company/ Group of Companies in Which the Individual Shareholder/huf To
    which He Belongs Has Management and Controlling Interest.
    31
    (ii) in the Case of An Indian Company,
    (aa) the Indian Company
    (bb) a Group of Indian Companies Under the Same Management and Ownership
    control.
    (b) for the Purpose of this Clause, indian Company Shall Be a Company Which Must
    have a Resident Indian or a Relative as Defined Under Section 6 of the Companies Act,
    1956/ Huf, Either Singly or in Combination Holding At Least 51% of the Shares.
    (c) Provided That, in Case of a Combination of all or Any of the Entities Mentioned in Sub-
    clauses (i) and (ii) of Clause 4.1.3(v)(d)(1) Above, Each of the Parties Shall Have
    entered Into a Legally Binding Agreement to Act as a Single Unit in Managing The
    matters of the Applicant Company.
    (e) if a Declaration is Made By Persons as per Section 187c of the Indian Companies Act
    about a Beneficial Interest Being Held By a Non Resident Entity, Then Even Though The
    investment May Be Made By a Resident Indian Citizen, the Same Shall Be Counted As
    foreign Investment.
    4.1.4 the Above Mentioned Policy and the Methodology Would Be Applicable for Determining The
    total Foreign Investment in all Sectors, Excepting in Sectors Where It is Governed Specifically
    under Any Statutes or Rules There Under. the Above Methodology of Determining Direct And
    indirect Foreign Investment Therefore Does Not Apply to the Insurance Sector Which Will Continue
    to Be Governed By the Relevant Regulation.
    4.1.5 Any Foreign Investment Already Made in Accordance with the Guidelines in Existence Prior
    to February 13, 2009 (date of Issue of Press Note 2 of 2009) Would Not Require Any Modification
    to Conform to These Guidelines. all other Investments, Past and Future, Would Come Under The
    ambit of These New Guidelines.
    4.2 Entry Routes for Investment:
    4.2.1 Investments Can Be Made By Non-residents in the Equity Shares/fully, Compulsorily And
    mandatorily Convertible Debentures/ Fully, Compulsorily and Mandatorily Convertible Preference
    shares of An Indian Company, Through Two Routes; the Automatic Route and the Government
    32
    route. Under the Automatic Route, the Non-resident Investor or the Indian Company Does Not
    require Any Approval from the Rbi or Government of India for the Investment. Under The
    government Route, Prior Approval of the Government of India Through Foreign Investment
    promotion Board (fipb) is Required. Proposals for Foreign Investment Under Government Route
    as Laid Down in the Fdi Policy from Time to Time, are Considered By the Foreign Investment
    promotion Board (fipb) in Department of Economic Affairs (dea), Ministry of Finance.
    4.2.2 Guidelines for Establishment of Indian Companies/ Transfer of Ownership or Control
    of Indian Companies, from Resident Indian Citizens to Non-resident Entities, in Sectors With
    caps:
    in Sectors/activities with Caps, Including Inter-alia Defence Production, Air Transport Services,
    ground Handling Services, Asset Reconstruction Companies, Private Sector Banking, Broadcasting,
    commodity Exchanges, Credit Information Companies, Insurance, Print Media,
    telecommunications and Satellites, Government Approval/fipb Approval Would Be Required in All
    cases Where:
    (i) An Indian Company is Being Established with Foreign Investment and is Owned By a Nonresident
    entity Or
    (ii) An Indian Company is Being Established with Foreign Investment and is Controlled By a Nonresident
    entity Or
    (iii) the Control of An Existing Indian Company, Currently Owned or Controlled By Resident Indian
    citizens and Indian Companies, Which are Owned or Controlled By Resident Indian Citizens, Will
    be/is Being Transferred/passed On to a Non-resident Entity as a Consequence of Transfer of Shares
    and/or Fresh Issue of Shares to Non-resident Entities Through Amalgamation, Merger/demerger,
    acquisition Etc. Or
    (iv) the Ownership of An Existing Indian Company, Currently Owned or Controlled By Resident
    indian Citizens and Indian Companies, Which are Owned or Controlled By Resident Indian Citizens,
    will Be/is Being Transferred/passed On to a Non-resident Entity as a Consequence of Transfer Of
    shares And/or Fresh Issue of Shares to Non-resident Entities Through Amalgamation,
    merger/demerger, Acquisition Etc.
    (v) It is Clarified that These Guidelines Will Not Apply for Sectors/activities Where There are No
    foreign Investment Caps, that Is, 100% Foreign Investment is Permitted Under the Automatic Route.
    33
    (vi) It is also Clarified that Foreign Investment Shall Include all Types of Foreign Investments I.e.
    fdi, Investment By Fiis, Nris, Adrs, Gdrs, Foreign Currency Convertible Bonds (fccb) And
    fully, Mandatorily & Compulsorily Convertible Preference Shares/debentures, Regardless Of
    whether the Said Investments have Been Made Under Schedule 1, 2, 3 and 6 of Fema (transfer
    or Issue of Security By Persons Resident Outside India) Regulations.
    4.3 Caps On Investments
    4.3.1 Investments Can Be Made By Non-residents in the Capital of a Resident Entity Only to The
    extent of the Percentage of the Total Capital as Provided/permitted in the Fdi Policy. Thus While
    investment are Prohibited in Some Sectors/activities, There are Restrictions/conditions/caps On The
    investment in Certain other Sector/activities. the Caps in Various Sector(s)/activity are Detailed Out

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