The engagement

We assist Indian businesses and overseas investors with reviewing the foreign investment requirements relevant to their proposed transaction. Advice is based on the transaction facts and the rules in force at the time of the engagement.

Overseas investor Investment under India's FDI policy and FEMA Wholly ownedsubsidiary Joint venture Liaison, branch orproject office Indian company ownedby the investor Indian company sharedwith an Indian partner Where permitted, fordefined activities Ongoing obligations in India FEMA reporting · Income tax · GST · Company law filings · Statutory audit RKA advises on structure, tax, FEMA documentation and the implementation plan at each stage.
Common routes for an overseas investor entering India. The right route depends on the activity, sector and funding.

Scope of work

  • Review of the proposed investment route and relevant conditions
  • Assessment of capital instruments and transaction structure
  • Coordination of pricing and valuation requirements with qualified professionals
  • Review of documentation and applicable reporting obligations
  • Support with foreign investment compliance reviews and identified reporting gaps
  • FC-GPR, FC-TRS and annual FLA reporting where applicable
  • Outward investment and ODI requirements where relevant

Engagement deliverables

The agreed work may include a transaction compliance note, document checklist, reporting calendar and an action list for the company and its authorised dealer bank. Any certification or valuation requiring a particular qualification is assigned accordingly.

How the work begins

  1. Describe the requirement. Identify the entity, proposed transaction or matter and any deadline.
  2. Review acceptance and scope. We assess the facts, competence, independence and other relevant professional requirements.
  3. Agree written terms. Confirm responsibilities, records, deliverables and the intended use of the work.

Common question

Is every investment by an overseas person treated identically?

No. The investor’s status, investment basis and transaction structure can change the applicable treatment. These facts should be established at the beginning.