TOPアジア経済法令ニュース2015年インドConsolidated FDI Policy(目次)

アジア経済法令ニュース

2015年インドConsolidated FDI Policy(目次)

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