21 August 2009
An NRI/PIO can invest in the capital of a partnership firm or proprietary concern in India under clause 4 of the Foreign Exchange Management (Investment in Firm or Proprietary Concern in India) Regulations, 2000 on a non-repatriable basis. What needs to be kept in mind is that it is only the capital which is non-repatriable. The interest, remuneration or profit accruing to the partner/proprietor from such investment, being a current account transaction, is fully repatriable. If one desires repatriation of the interest, remuneration or profit, it is advisable to transfer the amount to the NRO or NRE account of the NRI partner, and not leave the amount lying to the credit of the partner’s current or capital account, as that may amount to reinvestment in capital of the firm.
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