Foreign investment in Partnership
Querist :
Anonymous
(Querist) 22 March 2011
This query is : Open
Kindly clarify over the following:
FEMA regulations:
1.Investment in Partnership Firm / Proprietary Concern
A Non-Resident India17(NRI) or a Person of Indian Origin18 (PIO) resident outside India can invest by way of contribution to the capital of a firm or a proprietary concern in India on non-repatriation basis provided;
i. Amount is invested by inward remittance or out of NRE / FCNR(B) / NRO account maintained with Authorised Dealers / Authorised banks.
ii. The firm or proprietary concern is not engaged in any agricultural / plantation or real estate business (i.e. dealing in land and immovable property with a view to earning profit or earning income there from) or print media sector.
iii. Amount invested shall not be eligible for repatriation outside India.
2.Investments with repatriation benefits
NRIs / PIO may seek prior permission of Reserve Bank19 for investment in sole proprietorship concerns / partnership firms with repatriation benefits. The application will be decided in consultation with the Government of India.
3. Investment by non-residents other than NRIs / PIO
A person resident outside India other than NRIs / PIO may make an application and seek prior approval of Reserve Bank20, for making investment by way of contribution to the capital of a firm or a proprietorship concern or any association of persons in India. The application will be decided in consultation with the Government of India.
I) As per the above clause 2, what is the procedure( forms to filed) to get approval from the GOI to avail the repatriation benefits by NRI/POI? Can he repatriate the income earned over the investment without any GOVT approval?
II) As per the above clause 3, what is the procedure( forms to filed) to get approval from the GOI to enalbe a person outside India other than NRI/POI to invest in a partnership concern in India? Can this guy repatriate the invsetment and earnings without Govt's approval? If not, how to get permission for such repatriation?
kindly brief me the procedure to get approval for the above two cases .
regards
