Foreign Direct Investment (FDI)

Foreign Direct Investment (FDI)

“Welcome to the Gateway of Growth: Investing in India”

India is a thriving mosaic of diversity and progress and stands as one of the world’s fastest-growing economies, with a population exceeding 1.4 billion. As we enter the dynamic year 2024-25, India’s GDP is poised to surpass $4 trillion, securing its position as the fifth-largest economy globally. The country’s remarkable growth, anticipated at 6.5% this year, outpaces even China, setting the stage for India to become the world’s third-largest economy by 2027, according to IMF projections.

Fuelling this economic ascent are strategic reforms, transforming India into an investment haven. Recent initiatives include liberalizing foreign investment restrictions, modernizing labor and bankruptcy laws, and implementing a national Goods and Services Tax; these actions and commitment to self-dependency positioned India as a promising destination for global investors.

Investment Climate: A Golden Opportunity

India’s investment climate has significantly improved since the economic reforms of 1991. In the fiscal year 2022, India attracted a record foreign inflow of US$83.6 billion, a testament to its attractiveness to investors. The country now stands proudly among the top 100 in the Ease of Doing Business index.

Over the last 23 years, total FDI inflows has reached $953.143 billion, with the previous 9 years accounting for nearly 65% of this figure.

Foreign Direct Investment in India

Sectors and States: A Tapestry of Opportunities

Diving into the specifics, these sectors and states are leading in attracting FDI Equity Inflows, collectively shaping India’s economic landscape.

Embark on a journey of opportunity, growth, and success. Explore the Gateway of Growth – Invest in India.

Foreign Direct Investment in India

Why Invest in India?

India, a key player on the global economic stage, takes the lead in a spectrum of industries, ranging from cutting-edge information technology to the vibrant sectors of agriculture and manufacturing. Securing a remarkable fifth position in the world’s GDP rankings, India’s economic landscape is adorned with a broad domestic market, a tech-savvy workforce, and a thriving middle class.

Adding depth to this dynamic scenario is India’s distinctive demographics, marked by a youthful median age of 28.2 years. Exhibiting resilience in the face of global challenges, the Indian economy consistently outperforms major emerging markets, standing as a testament to its enduring strength. Navigating the post-pandemic recovery, India’s narrative unfolds with a sizable consumer base, escalating urban incomes, and the dreams of a young populace, shaping a robust and promising economic trajectory.

In this context, let’s explore the key reasons that firmly establish India as a premier destination for investment and business growth.

TypesComments
Ease of Doing BusinessOngoing efforts to improve the ease of doing business for foreign investors.
Favorable FDI EnvironmentMost sectors are open for foreign investments.
Growing EconomyStrong and consistent GDP growth, competing globally and regionally.
Incentives for Doing BusinessVarious incentives available based on economic activity, industry, location, and firm size.
Infrastructure DevelopmentNationwide policies focused on constructing, refurbishing, strengthening, and expanding infrastructure.
Integration with Legal FrameworksWTO member and signatory of major worldwide Intellectual Property Protection conventions, protocols, and agreements.
Large, Young Labor ForceOver 1 billion young workers aged 15 to 64, India boasts a significant workforce.
Largest MarketplaceLargest marketplace globally with a population surpassing 1.4 billion.
Network of FTAs and DTAsSignatory of over 54 Free Trade Agreements and one of the largest networks of tax treaties.
Network of SEZsMultiple Special Economic Zones (SEZs) offering competitive infrastructure, duty-free exports, and tax incentives.
RemittancesPermitted net of taxes depending on the type of business setup.
Strategic LocationA strategic manufacturing destination and a major investment hub in South Asia.
Strategic LocationWell-connected to central, west, southeast, and east Asian countries.
TaxationRecent changes in the tax regime have aimed at reducing rates and simplifying processes.
Winding UpFeasible business winding up options (subject to compliance status).

Routes of FDI Investments

Understanding the avenues through which foreign direct investment flows into India is crucial. Here are the key routes:

Foreign Direct Investment in India

Automatic Route

The non-resident or the Indian company does not require any approval from RBI or the Indian government for the investment under the automatic route.

#non-resident include foreign entities / foreign individuals

Government Route

Prior to investing in India, approval is required from the RBI or Indian Government through the Government Route. Proposals for foreign direct investment under the Government route are reviewed by the relevant Administrative Ministry/ Department.

Automatic Route and / or Government Route

Investment through FDI in some sectors is allowed up to a certain limit through an automatic route. As soon as the upper limit is triggered, the same will require prior approval from the government.

Sector Specific Condition For FDI

SectorAutomatic RouteGovernment Route
Air Transport Services (non-scheduled and other services under civil aviation sector)
100%
Airports (Greenfield & Brownfield)
100%
Auto components
100%
Automobiles
100%
Biotechnology (Greenfield)
100%
Broadcast Content Services (Up-linking of Non-‘News & Current Affairs’ TV Channels/ Down-linking of TV Channels)
100%
Broadcasting Carriage Services
100%
Capital Goods
100%
Cash & Carry Wholesale Trading/Wholesale Trading (including sourcing from MSEs)
100%
Chemicals
100%
Coal & Lignite
100%
Construction Development: Townships, Housing, Built-up Infrastructure
100%
Construction of Hospitals
100%
Duty Free Shops
100%
E-commerce activities
100%
Electronic Systems
100%
Food Processing
100%
Healthcare (Greenfield)
100%
Insurance
100%
Insurance Intermediaries
100%
IT and BPM
100%
Leather
100%
Medical Devices
100%
Mining and Exploration of metal and non-metal ores
100%
Other services under Civil Aviation sector (Maintenance and Repair organizations; flying training institutes; and technical training institutions.)
100%
Petroleum & Natural Gas
100%
Petroleum Refining (by PSUs)
49%
Pharmaceuticals (Greenfield)
100%
Ports and Shipping
100%
Railway Infrastructure
100%
Renewable Energy
100%
Roads & Highways
100%
Single Brand Product Retail Trading
100%
Telecom Services
100%
Textiles & Garments
100%
Thermal Power
100%
Tourism & Hospitality
100%
Broadcasting Content Services
49%
Digital Media
Upto 26%
Food Products Retail Trading
100%
Mining and mineral separation of titanium bearing minerals and ores, its value addition and integrated activities
100%
Multi Brand Retail Trading
51%
Print Media (Publication/ printing of scientific and technical magazines/specialty journals/periodicals and facsimile edition of foreign newspapers)
100%
Print Media (Publishing of newspaper, periodicals and Indian editions of foreign magazines dealing with news and current affairs)
26%
Air Transport Services (Scheduled air transport services, regional air transport services)
Upto 49%Above 49%
Biotechnology (Brownfield)
Upto 74%Above 74%
Defence
Upto 74%Above 74%
Healthcare (Brownfield)
Upto 74%Above 74%
Pharmaceuticals (Brownfield)
Upto 74%Above 74%

Prohibited Sectors

Lottery Business including Government/private lottery, online lotteries, etc.*

Chit Funds

Gambling and Betting including casinos*

Trading in Transferable Development Rights (TDR)

Nidhi Company

Manufacturing of cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes

Real Estate Business or Construction of farm houses**

Sectors not open to private sector investment- atomic energy, railway operations (other than permitted activities mentioned under the Consolidated FDI policy)

Foreign technology collaboration in any form, including licensing for franchise, trademark, brand name, and management contracts, is also prohibited for Lottery Business, Gambling, and Betting activities.

For a detailed study on sector-wise FDI norms, please refer to Consolidated FDI Policy 2020

Type of InvestorComments
Non-Resident EntityEntities not residing in India
NRIs in Nepal and Bhutan, Citizens of Nepal and BhutanNRIs residing in Nepal and Bhutan, as well as citizens of these countries
Company, Trust, and Partnership Firm Incorporated Outside India Owned and Controlled by NRIsEntities like companies, trusts, and partnership firms incorporated outside India but owned and controlled by NRIs
Foreign Portfolio Investors (FPI)FPIs are eligible for FDI
Registered FPIs and NRIsBoth registered FPIs and NRIs are eligible for FDI
Foreign Venture Capital Investor (FVCI)FVCIs are recognized as eligible investors in the FDI framework
NRI or OCI Subscribing to National Pension System (NPS)NRIs or Overseas Citizens of India (OCI) subscribing to the National Pension System governed by the Pension Fund Regulatory and Development Authority (PFRDA)
Type of Investee EntityEligibility
Indian CompanyIndian companies can issue capital against FDI
Partnership Firm/Proprietary ConcernNRIs can invest in the capital of a firm or proprietary concern in India on a non-repatriation basis, subject to specified conditions under the Consolidated FDI Policy 2020
TrustsInvestment by a person residing outside India is not permitted in trusts, except in those registered and regulated by SEBI as ‘VCF’ (Venture Capital Fund) and ‘Investment vehicle’
Limited Liability Partnerships (LLPs)Foreign investment in LLPs is permitted, subject to conditions specified under the Consolidated FDI Policy 2020
Investment VehicleEntities designated as ‘investment vehicle’ and registered under relevant regulations framed by SEBI or any other relevant authority are eligible
Start-up CompaniesStart-ups can issue equity, equity-linked instruments, convertible notes, etc., to individuals residing outside India, subject to specified conditions

For information on the registration process of Indian Companies, LLPs, or Trusts, you can Click Here.

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    How Mercurius Can Help

    We offer comprehensive support for foreign investors:

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    01.

    Identifying potential investment areas.

    02.

    Formulating investment strategies.

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    Liaising with potential Investee Entities.

    04.

    Setting up an Indian entity.

    05.

    Obtaining regulatory approvals for investment.

    06.

    Managing regulatory compliances.

    FAQs

    Foreign Direct Investment (FDI) refers to an investment made by an entity/individual or company directly into a business or assets in another country to establish a lasting interest or control.
    Example: when a multinational corporation (MNC) acquires shares in an Indian entity or establishes a subsidiary in India, it constitutes FDI.

    In India, FDI can be made through two routes-

    • Automatic Route – No prior government approval needed; the investor must inform the Reserve Bank of India (RBI) within a set time.
    • Government Route – Prior approval from the Government of India is required for certain sensitive sectors (like defense, telecom, media, mining of certain minerals, public sector banks, etc.).
    Once approved, the foreign investor can bring capital, technology, or management expertise, and in return, they get ownership and control in the Indian company.

    Foreign individuals and entities from most countries can invest in India under the FDI policy, but there are some restrictions and a separate approval process for countries sharing a land border with India (Bangladesh, China, Pakistan, Nepal, Myanmar, Bhutan and Afghanistan) Eligible investors include non-resident entities, foreign companies, NRIs (Non-Resident Indians), overseas citizens of India (OCIs), Foreign Portfolio Investors (FPIs), and venture capital Investors, among others, subject to conditions laid out in the FDI policy. To know more about eligibility criteria, you can contact our professional.

    To apply for Foreign Direct Investment (FDI) in India, you need to follow specific procedures based on whether your investment falls under the automatic route or the government approval route.
    In general, you need to go through the following steps:

    • Choose the business structure
    • Check sectoral cap and FDI policy
    • Open a bank account in India
    • Bring in Foreign Investment
    • Reporting to RBI
    • Compliance with FEMA and Company Law
    • Post Investment Approvals

    Yes, there are specific caps on Foreign Direct Investment (FDI) in various sectors in India. These limits are designed to protect domestic industries and ensure that foreign investment aligns with national interests. You can refer “ Sector Specific Condition For FDI” above and contact us for more details.

    Yes. Certain sectors are completely off-limits or have prohibitions, such as gambling, lotteries, chit funds, and real estate businesses involving farmhouses, Nidhi companies, trading in transferable development rights, manufacturing of tobacco and tobacco substitutes. Additionally, atomic energy and certain areas of railway transport not open to the private sector are also restricted.

    Some benefits include a large and young consumer market, favorable reforms & incentives (tax breaks, SEZs, etc.), improved ease of doing business, growing infrastructure, strategic location, and access to free trade agreements which many people are still unaware.

    Yes, generally profits, dividends, and capital are repatriable subject to compliance with FEMA regulations and paying any applicable taxes.

    • FPI (Foreign Portfolio Investment): When foreign investors invest in financial assets like stocks, bonds, or mutual funds in India without gaining control over the business. It is usually short-term and more liquid than FDI.
    • FDI (Foreign Direct Investment): When a foreign investor puts money directly into a business in India to gain ownership and control, such as setting up a factory, acquiring a company, or holding a significant stake. It is long-term in nature.

    We help investors with:

    • Choosing the right investment route (automatic/government)
    • Entity setup and structuring
    • Obtaining approvals and licenses
    • Ensuring compliance with RBI, MCA, FEMA and sectoral regulations
    • Ongoing advisory for smooth business operations

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