アジア経済法令ニュース

Government of India
Ministry of Commerce & Industry
Department of Industrial Policy & Promotion

Consolidated FDI Policy
(Effective May12, 2015)

Contents

Chapter 1: Intent and Objective
1.1 Intent and Objective

Chapter 2: Definitions
2.1 Definitions

Chapter 3: General Conditions on FDI
3.1 Who Can Invest in India?
3.2 Entities into which FDI can be made
3.3 Types of Instruments
3.4 Issue/Transfer of Shares
3.5 Specific Conditions in Certain Cases
3.6 Entry Routes for Investment
3.7 Caps on Investments
3.8 Entry Conditions on Investment
3.9 Other Conditions on Investment Besides Entry Conditions
3.10 Foreign Investment into/downstream Investment by Indian Companies

Chapter 4: Calculation of Foreign Investment
4.1 Total Foreign Investment i.e. Direct and Indirect Foreign Investment in Indian Companies

Chapter 5: Foreign Investment Promotion Board (FIPB)
5.1 Constitution of FIPB
5.2 Levels of Approvals for Cases under Government Route
5.3 Cases which do not require Fresh Approval
5.4 Online Filing of Applications for FIPB/Government’s Approval

Chapter 6: Sector Specific Conditions on FDI
6.1 Prohibited Sectors
6.2 Permitted Sectors

Agriculture
6.2.1 Agriculture & Animal Husbandry
6.2.2 Tea Plantation

Mining and Petroleum & Natural Gas
6.2.3 Mining
6.2.4 Petroleum & Natural Gas

Manufacturing
6.2.5 Manufacture of items reserved for production in Micro and Small Enterprises (MSEs)
6.2.6 Defence

Services Sector
6.2.7 Broadcasting
6.2.8 Print Media
6.2.9 Civil Aviation
6.2.10 Courier services
6.2.11 Construction Development: Townships, Housing, Built-up Infrastructure
6.2.12 Industrial Parks
6.2.13 Satellites- establishment and operation
6.2.14 Private Security Agencies
6.2.15 Telecom Services
6.2.16 Trading
6.2.17 Railway Infrastructure

Financial Services
6.2.18.1 Asset Reconstruction Companies
6.2.18.2 Banking- Private Sector
6.2.18.3 Banking- Public Sector
6.2.18.4 Commodity Exchanges
6.2.18.5 Credit Information Companies (CIC)
6.2.18.6 Infrastructure Company in the Securities Market
6.2.18.7 Insurance
6.2.18.8 Non-Banking Finance Companies (NBFC)

Others
6.2.19 Pharmaceuticals
6.2.20 Power Exchanges

Chapter 7: Remittance, Reporting and Violation
7.1 Remittance and Repatriation
7.2 Reporting of FDI
7.3 Adherence to Guidelines/Orders and Consequences of Violation

Annexures
Annex-1 Form FC-GPR
Annex – 2 Terms and conditions for transfer of capital instruments from resident to
non-resident and vice-versa
Annex- 3 Documents to be submitted by a person resident in India for transfer of shares to a
person resident outside India by way of gift
Annex – 4 Definition of “relative” as given in Section 2 (77) of Companies Act, 2013
Annex – 5 Report by the Indian company receiving amount of consideration for issue of shares/convertible debentures under the FDI scheme
Annex – 6 Know Your Customer (KYC) Form in respect of the non-resident investor
Annex – 7 Form Annual Return on Foreign Liabilities and Assets
Annex – 8 Form FC-TRS
Annex-9 Form DRR
Annex – 10 ‘No Non-Compete Clause’ Certificate