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Can a private limited company raise foreign investment?

1. Eligibility to Receive Foreign Investment

  • A private limited company can raise foreign direct investment (FDI)
  • Allowed under automatic route in most sectors, meaning no prior government approval is needed
  • Some sectors may require prior government approval or are prohibited for FDI

2. Compliance with FEMA and RBI Regulations

  • Must comply with Foreign Exchange Management Act (FEMA), 1999
  • Report foreign investment to the Reserve Bank of India (RBI) through prescribed forms
  • Maintain records of inward remittance and issue of shares within regulatory timelines

3. Modes of Investment

  • Foreign investment can be in the form of equity shares, convertible debentures, or preference shares
  • Investments can come from foreign individuals, companies, or institutional investors
  • Share valuation must follow RBI-prescribed pricing guidelines

4. Reporting Requirements

  • File Form FC-GPR with RBI within 30 days of allotting shares to foreign investors
  • Submit advance reporting form within 30 days of receiving the investment
  • Maintain compliance with KYC norms, FIRC (Foreign Inward Remittance Certificate), and share certificate issuance

5. Sectoral Conditions and Limits

  • FDI limits and conditions vary by industry (e.g., 100% FDI allowed in IT, up to 49% in defense)
  • Some sectors are fully open, while others are capped or restricted
  • Must ensure investment does not violate sector-specific laws or caps

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