Mortgage of Property to Foreign Investor

Alok Arora (Querist) 27 April 2010 This query is : Resolved
Our company is seeking an investment of $1.9 Million from a Korean investor. As a collateral security we wish to mortgage office at MIDC Andheri East Mumbai (market value $1.4 Million). After 3-4 years the mortgage rights will be taken back as the company reaches its performance goals tne investor no more considers the investment as risky. Can this be done legally? What if the Korean investor sets-up a wholly owned Indian subsidiary and this subsidiary makes the investment and/or takes the mortgage rights?

Sincerely appreciate the help.

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Raj Kumar Makkad (Expert) 27 April 2010
It shall be better if your Korean investor makes a subsidiary company in India and that company invests in your company.

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