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Foreign Direct Investment Policy India
FDI POLICY
Foreign Direct Investment Policy India

India started taking strong initiatives to open new sectors for Foreign Direct Investment (FDI) after year 2000 and since 2004 they have shown their promises time to time. June 2004 onwards, India has taken a strong initiative and further taken major steps to attract the FDI in country.

FDI in domestic airlines increased from 40% to 49%. Automatic route allowed.
FDI up to 100% allowed under the automatic route in development of townships, housing, built up infrastructure and construction development projects.
Foreign investment limit in Telecom services increased to 74%.
FDI and portfolio investment up to 20% allowed in FM Broadcasting. Hitherto only Portfolio investment was allowed.
Transfer of shares allowed on automatic route in most cases.
Fresh guidelines for investment with previous joint ventures.
A WTO (TRIPs) IPR regime compliant in position since 2005 – Patents Act amended to provide for product patent in Surat, and agro-chemicals also.
Fresh guidelines on FDI up to 100% allowed with prior approval of the government for up linking a non news & current affairs TV channel has been notified in press note 1 (2006 Series)
FDI up to 100% allowed on the automatic route for integrated townships, housing, construction development projects and built-up infrastructure subject to minimum capitalisation and area development Press Note 2 (2006 Series).
Investment made by NRI in convertible currency made repatriable.
Foreign  investment including FDI, FII , ADR, GDR, proportionate equity in investing companies up to 74% allowed Press Note 5 (2005 Series).
FDI and FII investment of up to 20% allowed in FM Broadcasting. So far only 20% portfolio investment was allowed. Press Note 6 (2005 Series).

Government soon has extended the policy in 2006 and has taken a step forward

FDI up to 100% allowed under the ‘Automatic Route’ in all activities except
Ø
Sectors attracting compulsory licensing
Ø
Transfer of shares to non-residents (foreign investors) In Financial Services, or Where the SEBI Takeovers Regulation is attracted
Ø
Investor having existing venture in same field
Ø
Sector specific equity/route  limit prescribed  under sectoral policy
Ø
Investments made by foreign investors are given treatment similar to domestic investors
Ø
Very soon retail sector will be developed & FDI inflow is expected to come in the  retail sector.

Main Sectors with FDI Equity / Route Limit

FDI equity limit - Automatic route
FDI  requiring prior approval
Insurance – 26%
Defence production – 26%
Domestic airlines – 49%
FM Broadcasting - foreign equity 20%
Telecom services- Foreign equity 74%
News and current affairs- 26%
Private sector banks- 74%
Broadcasting- cable, DTH, up-linking – foreign equity 49%
Mining of diamonds and precious stones- 100%
Trading- wholesale cash and carry, export trading, etc., 100%
Exploration and mining of coal and lignite for captive consumption- 74%
Tea plantation – 100%
  Development of airports- 100%
  Courier services- 100%

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