India is one of the most progressive countries in the world which possesses immense human potential and a huge market comprising of 1.2 billion people. India is a preferred destination for investment from NRIs, Foreign Nationals and Foreign Companies due to its booming economy and wealth of resources. India is among the fastest growing economies in the world, slated for tremendous growth over the coming decades with plenty of business opportunities. Looking at the huge market in India and the immense potential which lies here, there has been a huge amount of Foreign Direct Investments into the country and trends reveal that every year the FDI inflow in India is increasing due to the numerous foreign businesses starting their operations in the country.
Investment and acquisition of equity shares of a Company can be broadly divided into two categories:
The automatic route requires no requirement of any prior regulatory approval for investment in equity shares of an Indian business and only post facto filing/intimation with the Reserve Bank of India within 30 days of receipt of investment money in India and filing of prescribed documents and particulars of allotment of shares within 30 days of allotment of shares to foreign investors. Foreign Direct Investment of upto 100% is allowed under the automatic route in most activities/sectors in India.
A Foreign Company can commence operations in India through:
Such offices can undertake any permitted activities. Companies have to register themselves with Registrar of Companies (ROC) within 30 days of setting up a place of business in India. At the time of making an investment in India or setting up an Indian office, the foreign company needs to comply with the Foreign Exchange Management Act (FEMA). FEMA also requires foreign companies in India to comply with certain procedural and filing requirements on a periodic basis when they conduct operations in India.
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