Following our last week
discussion, we would like to focus this week on investment opportunities
available to NRIs. An NRI enjoys the following benefits for investment in India.
NRI investments are governed
under the Foreign Exchange Management Act, 1999 (FEMA), regulations specified
by the Securities and Exchange Board of India (SEBI), the Foreign Direct
Investment policy of the ministry of commerce (the FDI Policy).
To invest in India, NRI may need
permission from RBI for certain products and some are already allowed by RBI,
through the automatic route.
Different areas to invest
in India
·
Investment
in Shares & Debentures
a. Under RBI and FEMA, Non-Resident
Indians (NRIs) is permitted to invest in the capital markets in India through
the Portfolio Investment Scheme design (PIS). Under this Scheme, NRIs can
acquire shares/debentures of Indian companies through the stock markets in
India.
b. It also allows full
benefits of repatriation of capital and income thereon.
c. These investments are permitted through designated branches of
authorized dealers seeking prior approval of RBI.
d. Even a local resident or authorized stock broker can be authorized
by NRI to carry on transactions on their behalf.
e. There is a general ceiling of 5% of paid-up share capital of the
company/paid-up value of each series of convertible debentures for purchase)
for total investment by NRI/OCB. The overall ceiling can be raised to 24% if
the company concerned passes a resolution to that effect in its general body
meeting. On individual basis, NRIs/OCBs can make investment upto 1% of the
paid-up share capital/each series of convertible debentures.
f. Investment in new/rights / bonus issue doesn’t not require
permission from RBI except for few exception on non repatriation basis.
·
Investment in Government
securities
– The investment has to be routed through the authorized dealer (discussed
above). In some cases, investment in Unit Trust Of India can be directed
directly to the entity. Investment proceeds can only be repatriated back abroad
if the funds invested were parked in the NRE account. Otherwise the proceeds
can only be credited in NRO accounts and not remitted outside.
·
Investment in National
Saving Certificates issued by Post offices – the rules regarding the lock in
and purchase /sell for the certificate are same as resident Indian.
· Investment in Company
deposits –
Investment in company deposits on repatriation basis is allowed with a minimum
tenure of three years.
· Investment in Commercial Papers
& Treasury Bills on non repatriation basis
· Investment
in mutual Funds – it is allowed on repatriation basis in lines similar to
stocks / debentures under the Portfolio Scheme.
·
Investment in Real Estate
a) Any Indian citizen
outside India doesn’t require any permission from RBI to purchase property in
India except agricultural land.
b) Any Indian citizen
outside India doesn’t require any permission from RBI to transfer any property
to other citizen of India except agricultural land.
c) Beyond the above, the
rules for Person of Indian Origin and property, land received as gift or transferred
as gift are different
To know more about in detail about the process to invest in any of the above or more clarification email us at saarthifp@gmail.com
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