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Foreign Direct Investment (FDI) Compliance

Legal Features

Foreign Direct Investment (FDI) Compliance
Foreign Direct Investment refers to any investment that an individual or a company makes in an overseas business. Establishing foreign business operations or acquiring business assets in a foreign country, along with controlling or taking ownership of the business located in a different country falls under Foreign Direct Investment.
FDIs are made in open economies with the presence of a skilled workforce and high growth prospects. One of the prime features of a Foreign Direct Investment is that it establishes a certain level of substantial influence or control over the decision-making of the concerned foreign business.

What are the different types of Foreign Direct Investment?

3 types of Foreign Direct Investment are as follows:
Horizontal Investment
In this type of investment, the investor establishes a similar business operation in a foreign country as it operates in its home or origin country. Vertical Investment
In Vertical Investment, different but related business activities from the investor's primary business are acquired or established in a foreign country. Conglomerate Investment
The conglomerate Investment type refers to that Foreign Direct Investment where the foreign investment made by a company or an individual is unrelated to its existing business in its country of origin. In this, the investor usually has no previous experience in the industry. Therefore, this form of investment is often made as a joint venture with a foreign company with prior experience and operations in the industry.

Foreign Direct Investment (FDI) Compliance
Foreign Exchange Management Act (FEMA) regulates the Foreign Direct Investment Policy in India. FEMA plays a crucial role in facilitating external trade and maintaining foreign exchange in India. It also promotes orderly development and balance payments involved in all FDIs. 

Some salient features of FEMA are:

  • FEMA applies to Indian residents residing in India.
  • It has the power to authorize the Central Government to impose restrictions and supervise payments or receipts made to any person outside India.
  • It specifies areas and permissions required from RBI to deal in Foreign Exchange.
  • Defined categories of foreign exchange transactions are Capital Account and Current Account

The mandatory compliances under the provisions for foreign investment under FEMA are as follows:

  • Annual Return on Foreign Liabilities and Assets
  • Annual Performance Report
  • External Commercial Borrowings(ECB)
  • Advance Remittance Form
  • Single Master Form
  • Form FC-TRS
  • Form FC-GPR
  • Form ODI

Our Service
At Careful Counting, we will assist with your investment decisions, following procedures, and fulfilling compliance guidelines to ensure a smooth experience throughout. We understand the challenges associated with making a foreign direct investment. Therefore, we are here to help you at every step.
Foreign Direct Investment can seem complex and confusing about where to start. To make things easier for you, our FDI specialist team will be present to assist you in planning, investing, accounting, compliance, and advisory requirements across various disciplines.
Our dedicated team ensures success for all our clients in meeting their financial goals and objectives. With professionalism and efficiency, we, at Careful Counting are here to assist international businesses navigate the complexity of making foreign direct investments.

Check the requirements and provide us with the necessary documents to get started.


Minimum Requirements

  • List of Names, addresses and identification proof Investor Company/Investee Companies/Entities
  • Certificate of Incorporation
  • Memorandum of Association (MOA)
  • Board Resolution
  • Audited Financial Statement of Last Financial Year
  • Article of Association
  • Pre-and Post-investment shareholding pattern of the Invested Company.

Basic Documents

Books of Accounts

  • PAN card/Pan Number
  • Tax payment challans (Self-assessment, advance tax, if you have deposited the same
  • TDS Deduction Sheet with all deductee details as like PAN, Name, Date of Payment, Amount Credited, etc.
  • All Bank account information

Other Documents

  • Shareholders Agreement.
  • An Affidavit stating that all information provided in hard copy and online is the same and correct.
  • Copy of Downstream Intimation.
  • Copy of past FIPB/SIA/RBI approvals
  • Foreign Inward Remittance Certificate (FIRC)
  • Valuation certificate as approved by a certified Chartered Accountant.


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