NRI (Non Resident Indian)
(i) A ‘Non-resident Indian’ (NRI) is a person resident outside India who is a citizen of India, who resides in India for less than one hundred & eighty two days during the course of the preceding financial year.
(ii) A person resident outside India will be ‘NRI’, if
a) He is citizen of India
b) He is an Overseas Cardholder.
(iii) There are many Indians staying abroad. Many of them have taken the citizenship of that country, but they have their roots in India. Such ‘non-residents of Indian nationality’ or ‘persons of Indian origin residing abroad’ are often called ‘NRI’
With respect to the same, there are various options available with the NRIs for investment in India:
- Investment in shares and debentures of Indian Companies.
- Direct Investment in Indian industries / Joint Ventures.
- Deposits with Indian Companies/ Firms, etc. including NBFCs.
- Investment in Bank Accounts.
- Portfolio Investment in Listed Companies.
- Investment in market mutual funds, National Plan/Savings Certificates.
- Investment in Bonds of Public Sector Undertaking, disinvested shares of Public Sector Enterprises.
- Investment in immovable properties, Housing and Real Estate Business. Investment in any of the above can be made both on repatriation as well as on non-repatriation basis.
2) Receipt of Foreign Investment by an Indian Company:
The entry of Foreign Direct Investment by non – residents into India is regulated through two routes:
- Automatic Route: Foreign Investment is allowed under the automatic route without prior approval of the Government or the Reserve Bank of India, in all activities/ sectors as specified in the Regulation 16 of FEMA 20 (R).
The automatic route is aimed for those sectors and levels of investment that are less restricted or which are under more liberalized regulation, the foreign investor or the Indian company does not require any approval from the Reserve Bank or Government of India for the investment. The approval route of FDI is allowable in all sectors and activities specified under the consolidated FDI policy.
- Government Route: Foreign investment activities which are not covered under the automatic route require prior approval of the Government. The foreign investor or the Indian company should obtain prior approval of the Government of India agencies or bodies specified.
Proposals for foreign investment under approval route as laid down in the FDI policy are considered by either Foreign Investment Promotion Board (FIPB) or Cabinet Committee on Economic Affairs or Cabinet Committee on Securities, Which body or agency has to give the approval for a specific FDI proposal depends upon the sector and nature of investment specified under the consolidated policy on FDI.
3) Funding a Business in India
The key funding methods in the capital instruments are as below:
- Equity share capital – It refers to the portion of the company’s money which is raised in exchange for a share of ownership in the company.
- Preference share capital – It refers to shares which promise the holder a fixed dividend, whose payment takes priority over that of ordinary share dividends.
- Debentures – Debentures are issued to the public as a contract of repayment of money borrowed from them.
- Share warrants – These are negotiable instruments. They are transferable by mere delivery without registration of transfer.
4) Market Study
Market survey will provide report includes the forecasts, Analysis and discussion of important industry trends, market size, market share estimates and profiles of the leading industry players and it helps to increase awareness of the characteristics of the market and recent market developments or trends that may affect competition for the tender or that may make collusion more likely, A market study may also be used to solicit ideas and opinions on the feasibility of particular requirements and the capability and capacity of the market to deliver.
Market studies can be tailored also to collect and analyze information on possible second-order objectives (e.g. innovation, environmental and social) as input into designing tenders and validating proposals/bids. Market study will also provide information about recent price changes. This will help procurement practitioners to be informed about prices in neighboring geographic areas and about prices of possible alternative products as well as to collect information about past tenders for the same or similar products.
We shall indulge ourselves into detailed market study for your product/ services. Our professionals will invest their valuable time into checking and doing detailed research on the visibility of the product/ service that will involve the product survey, market survey and the customer survey in all possible respects.
5) Due Diligence
It involves study about the product and the business which you are proposing to come with. In order to avoid the situation that may lead to a costlier affair, our professional shall do the diligence to find out the fact that whether a Company is worth taking to the next level or not.
There are four key goals in the due diligence phase.
- Define desired characteristics.
- Define its ideal fit.
- Define its value.
- Answer list of key questions.
There is variety of information that you can gather at this stage, without spending a lot of money, by reviewing available documentation.
The preliminary due diligence process can prove to be a valuable, inexpensive way to uncover red flags and weed out prospects that are not in line with the product or business. This is the time to answer key questions to help understand the reasons behind the product or business, the potential value and ultimately if the business will be the right fit.
6) Product is feasible or not
The step 2 above will help in determining, whether it will be practicable to invest in a particular sector and establish a business in India or not.
There may be situations where you are desirous of doing business in India related to a product/ service which is banned or impracticable as per the political aspects of the country.
Therefore, we shall do a deep study on determining the feasibility of the product/ business. The product shall be checked from the list of products or services which are banned in India, so that a better picture can be presented before you.
7) Government Policies
With passage of time, there will be changes in the Government rules and policies. We shall keep you posted and updated with the amendments so that nothing is left behind and you become a law compliant entity/ company throughout. Our professionals will guide you w.r.t. the Reserve Bank of India Compliance, Foreign Exchange compliance and much more.
India is presently known for its policies they have like trade policies, government reforms and inherent economic strengths have attributed to its standing as one of the most sought-after destinations for foreign investments in the world. Also, technological and infrastructural developments being carried out throughout the country augur well for the trade and economic sector in the years to come.
8) Tax & Regulatory
We go beyond providing income tax services and engage in active financial and tax planning and engage in development, review and implementation of an efficient business strategy.
Taxation provide most dynamic and complex challenge in the context of financial planning and when it comes to tax planning and strategy every case is unique
9) Cross Border Transaction Compliance
Cross Border Transaction services means services related to transaction which involve two or more countries. In India there are two Acts which primarily seems to show concern when a person undertakes cross border transactions i.e. .Foreign Exchange Management Act, 1999 and Income Tax Act, 1961.
Our team of professionals shall assist you in the compliance required as per Reserve Bank of India (RBI) at each stage of business, from the initial stage till the continuance of the business. Various reporting requirements are there which will be controlled by our team so that there will not be anything for you in the “stress box”.
If you have any query or need clarification in this regard please Contact