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Introduction
  • FI in India - As Per Indian Policy
  • Guidelines of Government of India
  • Provs of Fema.sec 6
  • Provs of Regulations
  • Under Fema (Fema 20)
  • Routes Of Investments
  • Automatic-r B I Route
  • Sch I Of Fema 20
  • Gen Permn In R/o Annx B Activities
  • Subject To Sectoral Caps
  • Govt Route (Sia-fipb) Approval
  • Activities In Annx B

Types of Investments
  • Government Securities
  • M.M.F Insts/Units
  • PSU Bonds
  • Commercial Papers
  • Shares of PSES Disinvested by Government of India
  • Deposition Indian companies subject to approval by Government of India/NBFC
  • Investment not permitted in companies engaged in Agri/plant/real estate
  • Equity Capital - shares/debs
  • On repat and/or non-repat basis
  • Under Portfolio Invest Scheme
  • New Issues
  • Investing/ acquisition of shares of existing companies

Portfolio Invest Scheme for NRI/OCB/PIOs
  • Allowed to invest in secondary market, up to 10% of the total shares through stock exchanges, both on repat/ non-repat basis
  • Through designated branches of ads in form NRI (non-repat), RPI (repat)
  • For OCB's - NRC and RPC
  • Can authorize residents as agents
  • Or stock brokers, but to route through designated branches
  • Conditions:-
  • With or without repatriation
  • Purchase through stock exchange and design branch (only one bank)
  • Up to 10% of PUC of the company
  • And 10% of PUC of each series of issues for all NRIs/OCBs together
  • Ruling market price
  • No short selling, and delivery to take place

Non-Repat Basis
  • Form NRI/NRC
  • Onetime Gen Permission
  • Payment to be received through inward
  • Remittance or from investors
  • NRE/FCNR/NRO/NRSR account

Repat Basis
  • Form RPI/RPC
  • Onetime Gen Permission
  • Payment to be received through inward remittance or by debit to investor's NRE/FCNR account
  • Investment by individual NRI/OCB in listed Indian company not to exceed 5% of its total PUC of each series of PUC or Convt debs issued by it
  • Cases not covered to be referred to RBI
Monitoring of Portfolio Invest Scheme
  • Invest up to 24% allowed in R/O companies passing gen body resolution to the effect
  • To approach ECD Co with Neccy Resoln

Housing/Real Estate Development Scheme and Sick Units
  • NRI/PIO/OCB allowed up to 100% of new issue of companies
  • Restriction in R/O OCBs
  • Lock-in period of three years and ceiling of 16% on repat of profits
  • Up to 100% permitted in new issues of sick units for revival
  • Appeal to RBI ECD co in form PSU)
  • Note: Citizens of Pakistan, Bangladesh (and Sri Lanka in some cases) not eligible for any facilities given to NRI/PIOs

Transfer of Shares
  • From non-res to non res
  • RBI's gen perm available
  • However, if transferor is NRI/PIO/OCB and transferee is non res (not NRI/PIO/OCB) approval from SIA/FIPB and RBI is necessary
  • Transfer/sale from res to non-res
  • Requires Government of India approval and the RBI approval
  • RBI to ensure price - not less than market related/ calculated in T/O CCI guidelines
  • From non-res to res
  • Prior approval from RBI
  • Form ts 1
  • Gen perm if sold on stock exchange

Investments Other Than Shares/Debs
  • Schedule 5 Of Fema 20

NRI/OCB - On Repat Basis
  • Government Securities
  • PSU Bonds
  • PSE Shares Disinvested by GOI

On Non-Repat Basis
  • No ceiling
  • Government Securities, MMF's, TRSY Bills, NSC, etc.

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