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GOVERNMENT POLICY TOWRDS FDI

An Indian company may receive Foreign Direct Investment under the two routes as given under:

Automatic Route
FDI is allowed under the automatic route without prior approval
either of the Government or the Reserve Bank of India in all activities/sectors as specified in the consolidated FDI Policy, issued by the Government of India from time to time.

Government Route
FDI in activities not covered under the automatic route requires prior
approval of the Government .

A foreign company planning to set up business operations in India may:


Incorporate a company under the Companies Act, 1956, as a Joint Venture or a Wholly Owned Subsidiary. Set up a Liaison Office / Representative Office or a Project Office or a Branch Office of the foreign company which can undertake activities permitted under the Foreign Exchange Management (Establishment in India of Branch Office or Other Place of Business) Regulations, 2000.

Electronics and IT products - are freely importable, with the exception of some defense related items. Special Economic Zones (SEZs) are being set up to enable hassle free manufacturing and trading for export purposes. A foreign company can start operations in India by registration of its company under the Indian Companies Act 1956. Foreign equity in such Indian companies can be upto 100%. At the time of registration it is necessary to have project details, local partner (if any), structure of the company, its management structure and shareholding pattern. A joint venture entails the advantages of established contracts, financial support and distribution-marketing network of the Indian partner.

Foreign Direct Investment and Foreign technology collaboration agreements can be approved either through the automatic route under powers delegated to the Reserve Bank of India (RBI) or otherwise by the Government.

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