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Foreign Investment and FEMA

Foreign investment into India turns on sectoral caps, the route that applies and where beneficial ownership sits. Most exposure arises from reporting that was missed rather than structures that were wrong.

WHAT WE DO
• Sectoral caps, automatic and approval route analysis
• Press Note 3 land border restriction and beneficial ownership tracing
• Downstream investment and indirect foreign investment
• Outbound investment under ODI Rules and Regulations, 2022
• External commercial borrowing and RBI Master Directions
• Reporting on FC-GPR, FC-TRS, FLA, APR and Form FC
• Branch, liaison and project office establishment
• Export and import of goods and services, realisation timelines
• Contravention analysis and compounding before RBI
• Cross border merger reporting

HOW THE WORK IS ORGANISED
Entry structuring · Reporting · Outbound · Compounding

KEY INSTRUMENTS
FEMA, 1999 · NDI Rules, 2019 · ODI Rules, 2022 · RBI Master Directions · Press Note 3 (2020)

FEES
Fixed fee for defined scopes, retainer arrangements for ongoing volume, and time based billing where scope cannot be fixed in advance. The basis is agreed in writing before work begins and discussed at first contact.

Inbound and outbound investment, sectoral caps and exchange control reporting.

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