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Sector Wise Performance of Fdi

Sector Wise Performance of Fdi

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Published by Deepakgautam007
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Published by: Deepakgautam007 on Jun 06, 2010
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11/18/2012

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Government Approvals for Foreign CompaniesDoing Business in India
or Investment Routes for Investing in India, Entry Strategies for Foreign Investors
India's foreign trade policy has been formulated with a view to invite and encourageFDI in India. The Reserve Bank of India has prescribed the administrative andcompliance aspects of FDI. A foreign company planning to set up business operations inIndia has the following options:
investment under automatic route; and
investment through prior approval of Government.
Procedure under automatic route
FDI in sectors/activities to the extent permitted under automatic route does not requireany prior approval either by the Government or RBI. The investors are only required tonotify the Regional office concerned of RBI within 30 days of receipt of inwardremittances and file the required documents with that office within 30 days of issue of shares to foreign investors.List of activities or items for which automatic route for foreign investment is notavailable, include the following:
Banking
NBFC's Activities in Financial Services Sector
Civil Aviation
Petroleum Including Exploration/Refinery/Marketing
Housing & Real Estate Development Sector for Investment from Persons otherthan NRIs/OCBs.
Venture Capital Fund and Venture Capital Company
Investing Companies in Infrastructure & Service Sector
Atomic Energy & Related Projects
Defense and Strategic Industries
Agriculture (Including Plantation)
Print Media
Broadcasting
Postal Services 
 
Procedure under Government approval
FDI in activities not covered under the automatic route, requires prior Governmentapproval and are considered by the Foreign Investment Promotion Board (FIPB).Approvals of composite proposals involving foreign investment/foreign technicalcollaboration are also granted on the recommendations of the FIPB. Application for allFDI cases, except Non-Resident Indian (NRI) investments and 100% Export OrientedUnits (EOUs), should be submitted to the FIPB Unit, Department of Economic Affairs(DEA), Ministry of Finance. Application for NRI and 100% EOU cases should bepresented to SIA in Department of Industrial Policy & Promotion.
Investment by way of Share Acquisition
A foreign investing company is entitled to acquire the shares of an Indian companywithout obtaining any prior permission of the FIPB subject to prescribed parameters/guidelines. If the acquisition of shares directly or indirectly results in the acquisition of acompany listed on the stock exchange, it would require the approval of the SecurityExchange Board of India.
New investment by an existing collaborator in India
A foreign investor with an existing venture or collaboration (technical and financial) withan Indian partner in particular field proposes to invest in another area, such type of additional investment is subject to a prior approval from the FIPB, wherein both theparties are required to participate to demonstrate that the new venture does notprejudice the old one.
General Permission of RBI under FEMA
Indian companies having foreign investment approval through FIPB route do not requireany further clearance from RBI for receiving inward remittance and issue of shares tothe foreign investors. The companies are required to notify the concerned Regional officeof the RBI of receipt of inward remittances within 30 days of such receipt and within 30days of issue of shares to the foreign investors or NRIs.
Participation by International Financial Institutions
Equity participation by international financial institutions such as ADB, IFC, CDC, DEG,etc., in domestic companies is permitted through automatic route, subject to SEBI/RBIregulations and sector specific cap on FDI.
FDI In Small Scale Sector (SSI) Units
A small-scale unit cannot have more than 24 per cent equity in its paid up capital fromany industrial undertaking, either foreign or domestic. If the equity from anothercompany (including foreign equity) exceeds 24 per cent, even if the investment in plantand machinery in the unit does not exceed Rs 10 million, the unit looses its small-scale
 
status and shall require an industrial license to manufacture items reserved for small-scale sector.
See also
Sector wise Regulation in Foreign Investment
i) Automatic route for specified activities subject to Sectoral cap and conditions.
SectorsCap
Airports
Existing
Greenfie74%100%Air Transport Services
Non Resident Indians
Other100%49%
Alcohol distillation and brewing 100%Banking (Private Sector) 74%Coal and Lignite mining (specified) 100%Coffee, Rubber processing and warehousing 100%Construction and Development (Specified projects) 100%Floriculture, Horticulture and Animal Husbandry 100%Specified Hazardous chemicals 100%Industrial Explosives Manufacturing 100%Insurance 26%Mining (Precious metals, Diamonds and stones) 100%Non banking finance companies ( conditional) 100%
Petroleum and Natural gas
Refining (private companies)
Other areas
100%100%
Power generation, transmission, distribution 100%Trading
Wholesale cash and carry
100%100%

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