created by Rajesh Dhruva

Planning of Investment in India by NRI / OCI / Foreigner

NRI Participation in Companies / LLPs and Firms

Under Foreign Exchange Management Act, 1999 [FEMA], a Non-Resident Indian (NRI) / Overseas Citizen of India (OCI) can participate in capital of a public or private Limited company by way of equity or fully convertible preference shares or fully convertible debentures.

NRI / OCI can also make Capital investment in Indian Limited Liability Partnership (LLP).

NRIs are not allowed to place loans or deposits with private limited companies whereas in case of public limited companies, NRIs can only subscribe to debentures, but cannot place deposits although the same is permissible under the Companies Act, 2013.

As such Corporate can invite NRI participation in capital by way of Equity ; Fully Convertible Preference Shares or Fully Convertible Debentures and loans as External Commercial Borrowings (ECB) in  foreign currency / Indian Rupees and / or Debentures.

In case of Partnership Firms and Proprietorships, NRIs can participate by way of capital contribution on non-repatriation basis. NRIs can also place loans with such partnerships or proprietorships on non-repatriation basis.

We, at offer composite advisory services as regards NRI's capital contribution in Companies, Partnerships or Proprietorships.

We also offer unique services of legitimate planning for raising short term loans / deposits from NRIs in case of Private and Public Limited Companies, Partnerships or Proprietorships. 

Our services include:-

.01   Collection & analysis of appropriate facts

.02   Alternate suggestions as regards raising capital and planning savings of capital raising costs

.03   Planning as regards short term financial needs of Private and Public Limited Companies, LLPs, Partnerships or Proprietorships by acceptance of NRI funds and arranging repayment thereof.

.04   NRI participation in partnership firms and / or proprietorships.

.05  The advisory services also include compliance of all procedural aspects prescribed under FEMA,1999 and related regulations and the Income Tax Act, 1961.