FDI Approval

Policy: However, an entity of a country, which shares land border with India or where the beneficial owner of an investment into India is situated in or is a citizen of any such country, can invest only under the Government route. In the event of the transfer of ownership of any existing or future FDI in an entity in India, directly or indirectly, resulting in the beneficial ownership falling within the restriction/purview of such subsequent change in beneficial ownership will also require Government approval. Once approval is taken again approval may not be required in following cases: Additional foreign investment up to cumulative amount of Rs 5000 crore into the same entity within an approved foreign equity percentage/or into a wholly owned subsidiary. Process: (Foreign Investment Facilitation Portal)

Step 1: Create an account by Registering with Log in ID and password https://fifp.gov.in/Public/ApplicantRegister.aspx

Step 2: Log in to account for making an application- https://fifp.gov.in/Authenticate/Login.aspx

Step 3: List of documents Which documents need to be uploaded at the time of submission of application?

• Summary of Proposal on Company(Applicant) Letterhead

• Certificate of Incorporation(COI) (Investee/Investor/Downstream)

• Memorandum of Association(MOA) (Investee/Investor/Downstream)

• Board Resolution(Investee/Investor/Downstream)

• Audited Financial Statement of Last Financial Year(Investee/Investor/Downstream)

• Article of Association(Investee/Investor/Downstream)

• LLP Draf

t • LLP Agreement

• Income Tax Return of Last Year

• Passport Copy/ Identification Proof Other Document

• A copy of the JV agreement/shareholders agreement/ technology transfer/trademark/brand assignment agreement (as applicable), in case there are existing ventures.

• Board resolution of any joint venture company(if required)

• Certificates of Incorporation and charter documents of any joint venture/company which is a party to the proposed transaction

• Certification for LLP cases compliance

• Copy of Downstream Intimation

• Copy of relevant past FIPB/SIA/RBI approvals, connected with the current proposal(In case of amendment proposal)

• Diagrammatic representation of the flow and funds from the original investor to the investee company and Pre and Post shareholding pattern of the Investee Company.

• FIRC

• In the cases of investments by entities which themselves are pooled investment funds, thw details such as names and addresses of promoters, investment managers as well as all the contributors to the investment fund.

• List of the downstream companies of the Indian company and the details of the equity held by the Indian Company along with the details of the activities of the companies

• Self Certificate of the documents/ for affidavit.

• The comments of the Indian partners/ technical/ trademerk collaborators about the new venture, on their official letter heads, with name and contact address of the signatory of the comments

. • The No Objection Certificate from the the State Government(in case of repatriation under real estate sector)

• Valuation certificate as approved by a CA Security Clearance Form

• Security Clearance Form (If required) Additional Relevant Document

• Any Relevant Document