What are the obligations on Indian Party which has made direct investment outside India ?
CS Executive · Economic, Business and Commercial Laws · PYQS · December 2018
What are the obligations on Indian Party which has made direct investment outside India ?
Answer & Explanation:
An Indian Party which has made direct investment outside India is required to comply with the following: Receive share certificates or any other documentary evidence of investment in the foreign Joint Venture (JV) / Wholly Owned Subsidiary (WOS) as an evidence of investment and submit the same to the designated Authorized Dealer within 6 months; Repatriate to India, all dues receivable from the foreign JV/WOS, like dividend, royalty, technical fees etc. Submit to the Reserve Bank of India through the designated Authorized Dealer, every year, an Annual Performance Report in Part III of Form ODI in respect of each JV or WOS outside India set up or acquired by the Indian party. Report the details of the decisions taken by a JV/WOS regarding diversification of its activities/setting up of step down subsidiaries/alteration in its share holding pattern within 30 days of the approval of those decisions by the competent authority concerned of such JV/WOS in terms of the local laws of the host country. These are also to be included in the relevant Annual Performance Report. In case of disinvestment, sale proceeds of shares/securities are to be repatriated to India immediately on receipt thereof and in any case not later than 90 days from the date of sale of the shares/securities and documentary evidence to this effect is to be submitted to the Reserve Bank through the designated Authorised Dealer. Submit an Annual Performance Report (APR) in Form ODI Part III to the Reserve Bank by 30th of June every year in respect of each Joint Venture (JV) / Wholly Owned Subsidiary (WOS) outside India set up or acquired by the Indian Party/ Resident Individual.
Topics: Foreign Exchange Management Act (FEMA)
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