What is meant by Overseas Direct Investment (ODI) and Overseas Portfolio Investment (OPI) under Overseas Direct Investment?

CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · June 2024
What is meant by Overseas Direct Investment (ODI) and Overseas Portfolio Investment (OPI) under Overseas Direct Investment?

Answer & Explanation:

According to Foreign Exchange Management (Overseas Investment) Rules, 2022, Overseas Direct Investment (ODI) means: Acquisition of any unlisted equity capital or subscription as a part of the Memorandum of Association of a foreign entity, or Investment in 10% or more of the paid-up equity capital of a listed foreign entity, or Investment with control where investment is less than 10% of the paid- up equity capital of a listed foreign entity. Overseas Portfolio Investment (OPI) means investment, other than ODI, in foreign securities, but not in any unlisted debt instruments or any security issued by a person resident in India who is not in an International a Financial Service Centre (IFSC). Provided that OPI by a person resident in India in the equity capital of a listed entity, even after its delisting shall continue to be treated as OPI until any further investment is made in the entity. Debt instruments are: Government bonds: corporate bonds: all tranches of securitisation structure which are not equity tranche: borrowings by firms through loans, and depository receipts whose underlying securities are debt securities.

Topics: Foreign Exchange Management (Overseas Investment) Rules, 2022 (FEMA)

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