A foreign company / non-resident entity can inter into India for expanding and undertaking its business to the Sector / Activities where the Foreign Direct Investment (FDI) is permitted. A non-resident entity can invest in India in almost all the sectors/activities except very few sectors/industries where FDI is prohibited. Depending upon its business needs, a foreign company can choose appropriate legal business structure for setting up of its business in India
The Government of India on yearly basis formulates a consolidated FDI Policy, with the intent and objective to promote FDI through a policy framework, which is transparent, predictable and simple and reduces regulatory burden.
Every business enterprise which accepts FDI or External Commercial Borrowings (ECB) has to comply with the guidelines and procedure prescribed under FEMA by the Reserve Bank of India. Reporting to RBI for FDI in India has been changed to Reporting in Single Master Form (“SMF”). Our team of professionals generally provides the following services under FEMA:
· Legal opinion on FDI
· Filing of FC-GPR – Reporting to RBI for allotment of shares to person resident outside India in prescribed form SMF.
· Filing of FC-TRS – Reporting to RBI for transfer of shares by resident to non-resident or vice-versa in prescribed form SMF.
· Annual Return on Foreign Liabilities and Assets (FLA return) under FEMA 1999
· Annual filings for branch office / liaison office.
· Opinion on External Commercial Borrowings (ECB)
· Compliances relating to ECB.
· Compounding of offences under FEMA
· Liaisoning with the Reserve Bank of India