FDI
Foreign Direct Investment in India
FDI in India is a key driver of economic growth and has been a noteworthy non-debt financial resource for India’s economic development. When a foreign investor, firm, or government acquires a stake in an Indian company or project, they are making an FDI in India. Firms or governments seeking FDI frequently evaluate enterprises or projects in open economies with a skilled workforce and above-average growth prospects for the investor. Foreign companies invest in India to benefit from the various privileges such as tax breaks and comparably lower salaries as to other nations that the country can offer. The government’s supportive foreign investment regulatory and policy framework, vibrant business climate, rising global competition and India’s economic influence are major driving forces towards increasing FDI in India.
King Stubb & Kasiva (KSK) is known amongst the best law firms in India for managing foreign investments and fosters leading FDI consultants in India to advise upon India Entry Strategy, FDI Structuring, FEMA/RBI Compliance, Greenfield and Brownfield Investments, JVs and mergers and acquisitions. . Our FDI consultants have developed competence in structuring FDI in India investment and enabling investors, firms, businesses, and venture capital funds to join India in a cost-effective and legally acceptable manner.
It is pertinent to highlight that while only a few sectors require prior government approvals to invest in India, the remaining industries are on an automatic route. However, the process for foreign companies to invest in India is relatively complex whether with permission or automatically. KSK helps clients with their entry plans while also streamlining and simplifying their experience pertaining to FDI in India.
Our Services
FDI in India and Overseas Direct Investment (ODI) are effective financing options for businesses wanting to develop in nations where money is scarce. Understanding and adhering to the rules governing access to these funds, including the FDI in India policy’s restrictions, approvals, and infractions, as well as the RBI and FEMA criteria, is critical. KSK is equipped to provide personalized and comprehensive advisory services on RBI and FEMA across a significant range of foreign and domestic clients.
Our services include
- End-to-end legal assistance
- Tax structuring, regulatory advice and FDI structuring
- Turnkey assistance throughout the life cycle of a fund
- Regulatory approvals, documentation, governance framework, policies, compliance filings, due diligence
- DIPP/FIPB approvals via Government Route
- Greenfield and Brownfield Investments
- FEMA / RBI Compliance
- Corporate finance, project finance, restructuring
Key Highlights
KSK offers a professional team of attorneys with the specialized skills to assure faultless regulatory compliance at every stage of FDI in India or business creation.
- Worked closely with regulatory authorities such as the SEBI (Securities Exchange Board of India), RBI (Reserve Bank of India), FIFP (Foreign Investment Facilitation Portal), and CCI (Competition Commission of India) and drafting applications for regulatory approvals, registrations, and ongoing compliances.
- Advised clients on regulatory framework of India regarding transactional matters including Companies Act, Limited Liability Company (LLP), Foreign Direct Investment (FDI), Reserve Bank of India (RBI), Foreign Exchange Management Act (FEMA) and Foreign Trade Policy (FTP).
- Handled post investment (automatic route) regulatory compliances.
- Conducted Compounding proceedings before RBI for violations of FEMA.
- Assisted and provided guidance in setting up of Liaison Office, Branch or Project Office for the foreign company.
- Represented several overseas investors for their investments in Indian Startups
- Advised a foreign entity in setting up in India as a web aggregator.
- Advised a foreign entity to setup a wholly-owned Indian subsidiary to facilitate trade in India.
Key Professionals
Related Practice Areas
FAQs
Who governs FDI in India?
Foreign investment in India is governed by the Government of India’s FDI policy and the requirements of the Foreign Exchange Management Act, 1999.
Are the investments and profits earned in India repatriable?
Except in circumstances where the investment is made or held on a non-repatriation basis, or when the sectoral requirement indicates non-repatriation, all foreign investments are repatriable. Furthermore, dividends/profits on overseas investments, which are considered current income, can be transferred outside of India via an authorised dealer bank.
What is an investment vehicle?
Investment vehicles are entities that are registered and regulated under relevant regulations framed by SEBI or any other authority designated for the purpose. These entities include real Estate Investment Trusts governed by the SEBI Regulations, 2014, Infrastructure Investment Trusts governed by the SEBI Regulations, 2014, and Alternative Investment Funds governed by the SEBI Regulations, 2012.
What are the two routes of FDI in India?
The two routes in which FDI in India is regulated are as under:
The Automatic Route: This route invites fewer restrictions and offers more liberty in terms of the norms and regulations involved. With this route, the overseas investor or the Indian company need not require any prior approval from the Reserve Bank of India (RBI) or the government of India for investment into the country.
The Approval Route: This route involves more restrictions. The foreign investor or the Indian company is required to have prior approval from the Reserve Bank of India (RBI) or the government of India before investing.
Why is King Stubb & Kasiva one of the best FDI law firm in India?
The firm has developed a unique service delivery model, that enables us to serve client requirements across 900+ locations in the country. This ability, combined with the competency of the lawyers in the firm, has enabled us, to garner several marquee clients, over the years. King Stubb & Kasiva’s lawyers have an extensive understanding of the issues, that involve corporate affairs, information technology, mergers and acquisitions, private equity, cyber security, data privacy, encryption, dispute resolution, arbitration and other related matters. Being amongst the Best FDI law firm in India, we have grown exponentially to be one of the top and fastest-growing law firms in India, which advises several clients, from domestic as well as international markets.