InfoEdge Pvt. Ltd. plans to invest in a foreign entity that does not have limited liability. The foreign entity is not in a strategic sector. Explain whether the investment can be treated as Overseas Direct Investment (O
CS Executive · Setting Up of Business, Industrial and Labour Laws · PYQS · June 2026
InfoEdge Pvt. Ltd. plans to invest in a foreign entity that does not have limited liability. The foreign entity is not in a strategic sector. Explain whether the investment can be treated as Overseas Direct Investment (ODI).
Answer & Explanation:
Under the Overseas Investment Rules, a foreign entity must have limited liability to qualify for Overseas Direct Investment (ODI), except where the foreign entity operates in a strategic sector. Strategic sectors include energy and natural resources such as oil, gas, coal, mineral ores, submarine cable systems and start-ups, or any other sector notified by the Central Government. In this case, the foreign entity does not have a limited liability structure and is not engaged in a strategic sector. Therefore, it does not meet the structural requirements of a "foreign entity" eligible for ODI. ODI requires investment in unlisted equity capital, subscription to memorandum, or investment of 10% or more in listed equity capital of a foreign entity with limited liability. Since these conditions are not met, the investment cannot be treated as ODI.
Topics: Foreign Exchange Management Act (FEMA)
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