Discuss the terms and conditions for overseas direct investment by a proprietorship concern/unregistered partnership firm in India.
CS Executive · Economic, Business and Commercial Laws · PYQS · June 2023
Discuss the terms and conditions for overseas direct investment by a proprietorship concern/unregistered partnership firm in India.
Answer & Explanation:
The proposal for overseas direct investment (or financial commitment), by a proprietorship concern / unregistered partnership firm in India to be considered by the Reserve Bank under the approval route are subject to following terms and conditions: The proprietorship concern / unregistered partnership firm in India is classified as 'Status Holder' as per the Foreign Trade Policy issued by the Ministry of Commerce and Industry, Government of India from time to time; The proprietorship concern / unregistered partnership firm in India has a proven track record, i.e., the export outstanding does not exceed 10% of the average export realisation of preceding three years and a consistently high export performance; The Authorised Dealer bank is satisfied that the proprietorship concern / unregistered partnership firm in India is KYC (Know Your Customer) compliant, engaged in the proposed business and has turnover as indicated; The proprietorship concern / unregistered partnership firm in India has not come under the adverse notice of any Government agency like the Directorate of Enforcement, Central Bureau of Investigation, Income Tax Department, etc. and does not appear in the exporters' caution list of the Reserve Bank or in the list of defaulters to the banking system in India; and Any overseas investment by the sole proprietorship or unregistered partnership firms may be made by the proprietor concerned or the individual partners concerned within their limit available under the LRS in accordance with schedule III of the Foreign Exchange Management (Overseas Investment) Rules, 2022. If the proposed investment is in strategic sector, any application for making overseas investment in excess of the LRS limit may be made under the government approval route.
Topics: Foreign Exchange Management Act (FEMA), 1999
Related Questions in this Topic
- What do you mean by "Financial Commitment" and "Indian Party" under Overseas Direct Investment?
- Define the following terms as stated under Foreign Exchange Management Act, 1999: Foreign Portfolio Investor.
- Define the following terms as stated under Foreign Exchange Management Act, 1999: Foreign Portfolio Investment
- Define the following terms as stated under Foreign Exchange Management Act, 1999: Government Route
- Define the following terms as stated under Foreign Exchange Management Act, 1999: Automatic Route