Foreign investment by indian resident

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SHYAM KRISHNAN K (Querist)
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26 January 2024 Is there any specific procedure to be followed by a resident when he made investment in a foreign business

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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07 July 2024 When an Indian resident makes an investment in a foreign business, several procedures and considerations come into play to ensure compliance with regulatory requirements. Here’s a general outline of the procedures typically involved:

### 1. **Understanding Regulatory Framework:**

- **Foreign Exchange Management Act (FEMA)**: FEMA regulations govern transactions involving foreign exchange and investments by Indian residents in foreign entities. It’s essential to understand FEMA guidelines to ensure compliance throughout the investment process.

### 2. **Types of Investments:**

- **Direct Investment**: Direct equity investment in a foreign company involves purchasing shares or equity stakes in the foreign entity.

- **Indirect Investment**: Indirect investment may include investments in foreign mutual funds, exchange-traded funds (ETFs), or other financial instruments that indirectly invest in foreign businesses.

### 3. **Procedure for Investment:**

- **Approval Requirements**: Depending on the nature and amount of investment, approval may be required from the Reserve Bank of India (RBI) or other regulatory authorities. For instance, investments in certain sectors or beyond specified limits may require prior approval.

- **Reporting Requirements**: Certain investments need to be reported to RBI through specified forms and procedures, such as the LRS (Liberalized Remittance Scheme) for outward remittances.

### 4. **Compliance and Documentation:**

- **KYC Compliance**: Ensure compliance with Know Your Customer (KYC) norms while making investments abroad. This includes verifying identity, address, and other relevant details of the investor.

- **Tax Compliance**: Understand the tax implications of foreign investments, including income tax on returns earned, withholding tax in the foreign jurisdiction, and reporting requirements in India.

###. **Repatriation of Funds:**

- **Repatriation Norms**: Funds invested abroad can generally be repatriated back to India, subject to FEMA guidelines and applicable tax regulations. Repatriation of funds typically requires documentation and compliance with repatriation limits set by RBI under LRS or other applicable schemes.

### **Seek Professional Advice:**

- **Legal and Financial Consultation**: Given the complexities involved in cross-border investments, it’s advisable to consult with legal and financial advisors who specialize in international investments and compliance. They can provide guidance on structuring investments, compliance with regulatory requirements, tax implications, and risk management.

By following these procedures and seeking professional guidance, Indian residents can navigate the process of investing in foreign businesses effectively while ensuring compliance with regulatory frameworks in both India and the foreign jurisdiction.