India eases foreign direct investment rules for land-border countries, allows 10% non-controlling stakes

Change
India amended Press Note 3 to permit investments where up to 10% of beneficial ownership is held on a non-controlling basis by entities from countries sharing a land border, allow such stakes under the automatic route, and require reporting to the Department for Promotion of Industry and Internal Trade (DPIIT) while retaining majority-resident-Indian control requirements in specified cases.
India eases foreign direct investment rules for land-border countries, allows 10% non-controlling stakes
Why it matters
The change creates a new pre-closing compliance requirement: Indian investee entities must compile and submit beneficial-ownership information to DPIIT before qualifying for the streamlined automatic route. Proposals in designated sensitive manufacturing sectors will face a government decision process with a binding 60-day processing window and will only be eligible for streamlined treatment if majority ownership and control remain with resident Indian citizens or resident Indian entities.
Implications
  • Investee entity compliance teams at Indian targets must collect and submit full beneficial-ownership records for any incoming capital linked to land-border countries to the Department for Promotion of Industry and Internal Trade (DPIIT) before relying on the automatic route.
  • Foreign direct investors domiciled in countries sharing a land border with India must structure and document their holdings to remain at or below 10% non-controlling beneficial ownership if they want automatic-route treatment.

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Source

The Hindu

Topics

Governance Trade & Tariffs Economy Manufacturing

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