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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