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FAQs
- NRI INVESTMENT IN SHARES & SECURITIES
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Government
Securities / Units |
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Can
NRIs invest their funds in Government securities
or Units of Unit Trust of India(UTI)? |
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Yes.
NRIs are freely permitted to invest their
funds in Government securities or Units
of UTI through authorised dealers. Units
can also be purchased directly from UTI.
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Can
NRIs make investments in National Savings
Certificates issued by Post Offices in India?
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Yes.
Investments in National Savings Certificates
can be made by NRIs subject to the terms
and conditions applicable to the sale/issue
of such certificates. However, NRIs are
not permitted to invest in bearer securities
like Indira Vikas Patra/Kisan Vikas Patra.
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Can
Government securities/units be freely transferred
or sold? |
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Yes,
provided the transfers/sales are arranged
through an authories dealer. Units can,
however, be repurchased directly by UTI.
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Are
sale/maturity proceeds of Government securities/Units/National
Savings Certificates allowed to be repatriated
abroad? |
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If
such securities were purchased out of funds
remitted from abroad or out of NRE/FCNR
accounts, sale/maturity proceeds can be
repatriated. Sale/maturity proceeds of securities
purchased out of funds in NRO accounts can
only be credited to NRO accounts and cannot
be remitted abroad. Interest earned during
the financial year 1994- 95 and onwards
can, however, be remitted to the extent
permitted by Reserve Bank. (See Answers
to Questions Below) |
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Company
Shares / Debentures |
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Can
NRI's invest in companies in India? |
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NRIs
are permitted to make direct investments
in proprietary/partnership concerns in India
as also in shares/debentures of Indian companies.
They are also permitted to make portfolio
investments i.e. purchase of shares/debentures
of Indian companies through stock exchanges
in India. These facilities are granted both
on repatriation and non repatriation basis.
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Direct Investment without Repatriation Benefits |
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Is
permission of Reserve Bank required for
NRIs to invest in proprietary/partnership
concerns on non- repatriation
basis? |
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No.
Reserve Bank has granted general permission
to non- resident individuals of Indian nationality/origin
to invest by way of capital contribution
in any proprietary or partnership concern
in India on non- repatriation basis provided
the investee concern is not engaged in any
agricultural/plantation activity or real
estate business. This facility is, however,
not available to OCBs. |
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Is
permission of Reserve Bank required for
making investments in new issues of Indian
companies on non - repatriation
basis? |
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No.
Indian companies have been granted general
permission to accept investments on non-repatriation
basis, in shares/convertible debentures
by way of new/rights/bonus issue provided
the investee company is not engaged in agricultural
/plantation activity or real estate business(excluding
real estate development i.e. development
of property and construction of houses).
or chit fund or is not a Nidhi company.
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Are
any formalities required to be completed
by NRIs for getting the benefit of the above
general permission?
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No.
However, the firms/companies concerned are
required to file declarations with Reserve
Bank in form DIN giving particulars of the
investments made. within ninety days from
the date of the investment. |
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Can
NRI individuals make investments in domestic
public/private sector Mutual Funds or Money
Market Mutual Funds floated
by commercial banks and public/private sector
financial institution on non/repatriation
basis? |
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Yes.
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Can
Overseas Corporate Bodies make similar investments
in mutual funds on non-repatriation basis?
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OCBs
can make such investments only in domestic
public/ private sector Mutual Funds. They
can also make investments in Money Market
Mutual Funds. |
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Can
NRIs make investments in non-convertible
debentures of Indian companies? |
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Yes.
Applications for necessary permission should
be made to Reserve Bank (Central Office)
by the concerned Indian Company in form
ISD. |
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Can
NRIs purchase existing shares/debentures
of Indian companies by private arrangement?
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Yes.
Reserve Bank permits NRIs , on application
in form FNC 7, to purchase shares/debentures
of existing Indian companies on non-repatriation
basis. An undertaking about non-repatriation
is to be given in form NRU. |
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Is
it necessary for a resident, holding securities
in Indian companies, to secure any approval
from Reserve Bank on his becoming
a non-resident for holding such securities?
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No.
Reserve Bank has granted general permission
to companies in India to enter the overseas
addresses of the shareholders in their books
in such cases provided the companies obtain
undertakings from the holders that they
will not seek repatriation of any income
or sale proceeds of the security. |
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Is
income/interest earned on investments/deposits
held in India by NRIs on non-repatriation
basis allowed to be
repatriated? |
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What
is the procedure to be followed for seeking
repatriation in such cases? |
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NRIs
should designate a branch of an authorised
dealer through whom the remittance of income
is to be made and make an application in
form RCI to the designated branch giving
details of incomes earned during the previous
financial year alongwith a Chartered Accountant's
Certificate. The designated branch will
allow the remittance of net amount (i.e.
after payment of tax) or credit it to NRE/FCNR
account of the applicant. |
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Are
temporary overdrawings permitted in NRO
Savings Bank account? |
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Yes.
Authorised dealers may allow such overdrawings
up to Rs. 1,000/- subject to the condition
that the overdrawings together with the
interest payable thereon are cleared within
a period of two weeks. |
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Direct
Investment with Repatriation Benefits |
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What
are the schemes available to NRIs for direct
investments in India with repatriation benefits?
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NRIs
can make investments in new issues of shares/convertible
debentures of Indian companies under direct
investment schemes such as 24% scheme/40%
scheme/100% scheme. They can also invest
in the schemes of domestic Mutual Funds
floated by public/private sector institutions/companies
and bonds issued by public sector undertakings,
Non-resident investors are not required
to apply for permission to invest but the
company concerned will have to obtain permission
from Reserve Bank. |
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What
is 24% Scheme? |
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Under
the 24% scheme, Indian companies engaged
or proposing to engage in any activity including
finance, hire purchase, leasing, trading
or other services, establishment of schools/colleges.
etc.(except agricultural/plantation activities)
are allowed by Reserve Bank to issue shares/debentures
to NRIs with repatriation benefits to the
extent of 24% of the new issue. |
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What
is 40% Scheme? |
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Under
the 40% Scheme, Indian companies engaged
or proposing to engage in the following
activities are allowed by Reserve Bank to
issue shares/debentures to NRIs with repatriation
benefits to the extent of 40% of the new
issue. |
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Industrial and Manufacturing units |
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Hotels with 3,
4 or 5 star category |
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Hospitals and
diagnostic centres |
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Shipping companies
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Development
of computer software |
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Oil exploration
services |
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Is
remittance of interest/dividend to NRI investors
freely allowed under the 24% /40% Scheme?
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Yes.
There is no ceiling or restriction on the
amount of remittable dividend. Remittance
of interest/dividend to NRI investors will
be allowed by authorised dealers under the
posers delegated to them. |
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What
are the specified industries under the 100%
Scheme? |
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Under
100% Scheme, NRIs are permitted to invest
in high priority industries listed in Annexure
III to the Statement on Industrial Policy
dated 24th July 1991 of the Government of
India up to 100% of the new issue. |
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Is
dividend/interest earned in respect of investment
made under the 100% Scheme freely remittable
to the NRIs abroad? |
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Dividend/interest
can be remitted freely except in the case
of consumer goods industries where the outflow
on account of dividend is required to be
balanced by export earnings of the company
either in the year of declaration of dividend
or in the years prior to the declaration
of dividend, This requirement is enforced
for a period of seven years from the commencement
of commercial production. |
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How
does an NRI obtain permission of Reserve
Bank for investment under the 24% or 40%
or 100% Scheme? |
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The
NRI investor need not apply to Reserve Bank.
Application for necessary permission under
the schemes should be made by the Indian
company/firm to the Central Office of Reserve
Bank in Mumbai in form ISD/ISD(R). |
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Besides
the 24%, 40% and 100% Schemes is there any
other scheme for investment by NRIs in the
equity of Indian companies?
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Yes.
NRIs are permitted to undertake revival
of sick industrial units by making bulk
investment in them to the extent of 100
per cent either by way of purchase of existing
equity shares or in the form of subscription
to new equity issues. |
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Is
the capital brought into India for revival
of a sick Industrial unit allowed to be
repatriated? |
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Yes.
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How
can an NRI obtain permission of Reserve
Bank for investment in a sick industrial
unit? |
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Application
for necessary permission should be made
by the Indian company to the Central Office
of Reserve Bank in Mumbai in form RSU. |
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Under
the existing Industrial Policy, investment
by foreign collaborators upto 51% of the
equity is allowed by Reserve
Bank on repatriation basis in certain high
priority industries. Can NRIs take up the
balance 49% equity in
such cases on repatriation basis?
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Yes.
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Can
NRIs make investments in companies engaged
in real estate development in India? |
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Yes.
Investment upto 100% in the new issue of
equity shares/convertible debentures of
Indian companies engaged in the followed
areas is allowed- |
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Development of serviced plots and construction
of built up residential premises; |
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Real estate covering
construction of residential and commercial
premises including business centres
and offices; |
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Development of
township; |
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City and region
level urban infrastructure facilities
including roads and bridges; |
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Manufacture
of building material; |
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Financing of
housing development. |
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What
is the procedure for obtaining Reserve Bank
permission in this regard?
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Applications
for the purpose should be made by the concerned
Indian company to the Central Office of
Reserve Bank in Mumbai in form ISD(R). |
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Will
repatriation of the original investment
and/or dividend income be freely permitted?
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Yes.
Repatriation of original investment will
be permitted after a lock-in period of three
years from the date of issue of the equity
shares/convertible debentures. In addition,
OCBs will be permitted to repatriate net
profit (upto 16 per cent) arising from the
sale of such investment after the lick-in
period of three year. Annual dividend/interest
on equity shares/debentures can, however,
be freely remitted subject to payment of
tax. |
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Are
investments in Air Taxi operations permitted
to be made by NRIs? |
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Yes.
Investments upto 100% equity participation
for carrying on Air Taxi operations are
permitted in terms of the guidelines issued
by the Director General of Civil Aviation
for Air Taxi operations. Applications for
the purpose should be made to Reserve Bank
(Central Office) in form ISD(R) by the concerned
Indian company. |
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Are
there any restrictions on repatriation of
the investment made under this scheme or
income earned thereon? |
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No.
However, repatriation of the investment
and /or remittance of dividend will be permitted
only after the expiry of five years of operation
and only out of accumulated net foreign
exchange earnings. |
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Can
NRIs invest in non-convertible debentures
on repatriation basis? |
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Yes.
Applications for necessary permission should
be made to Reserve Bank (Central Office)
by the concerned Indian company in form
ISD. |
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What
is the procedure to be followed for making
investment in the schemes of domestic Mutual
Funds or public sector bonds
with repatriation benefits? |
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The
concerned Fund/Public Sector Undertaking
should obtain necessary permission from
Reserve Bank for issue of units/bonds to
NRIs. Applications for the purpose are required
to be made to the Central Office of Reserve
Bank in form ISD(R). |
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Can
NRIs invest in 100% Export Oriented Units
on repatriation basis? |
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Yes.
NRIs will be permitted to invest up to 100%
in 100% Export Oriented Units subject to
obtaining approval from the Government of
India ,Ministry of Industries (SIA) for
setting up the EOU. In the case of units
located in Export Processing Zones, approval
from the Development Commissioner of the
concerned zone is required to be obtained.
Thereafter an application should be made
to the concerned regional office of Reserve
Bank in form ISD alongwith copy of Government
approval for necessary clearance under FERA
1973. |
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Can
NRIs acquire shares disinvested by Government
of India in Public Sector Enterprises (PSEs)
by inviting sealed tenders?
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Yes.
Reserve Bank has granted general permission
to NRIs to acquire shares of PSEs on their
bids being successful provided the holding
of a single NRI investor does not exceed
one per cent of the paid up capital of the
PSE concerned , the purchase consideration
/bid money is paid by way of remittance
from abroad or by debit to his NRE/FCNR
accounts. |
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What
is the procedure for issue of rights entitlement
to NRIs? |
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The
concerned company should approach Reserve
Bank for issue of rights entitlement to
NRIs in the prescribed form if on repatriation
basis. However, rights entitlement on non-repatriation
basis would be covered by the general permission
(Please see Answer to Question No. 52 and
53). |
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What
is the procedure required to be followed
by NRIs for renunciation of rights entitlement?
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NRIs
can make an application to Reserve Bank
by a letter detailing therein the folio
number of the shares held and the manner
in which the rights are being sold. |
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What
is the procedure for issue of bonus shares?
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The
concerned Indian company should approach
Reserve Bank for issue of bonus shares to
NRIs if the original investment is on repatriation
basis. Issue of bonus shares in respect
of investment on non-repatriation basis
is covered by general permission (Please
also see Answer to Question No. 52). |
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Can
NRIs obtain loans abroad against the collateral
of share/debentures of Indian companies?
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Yes.
Authorised dealer have been permitted to
grant loans/overdrafts abroad to NRIs through
their overseas branches and correspondents
against collateral of the shares/debentures
of Indian companies held by them, provided
the concerned shares/debentures were acquired
on repatriation basis. |
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Can
sale proceeds of the shares/debentures be
remitted abroad for liquidation of outstanding
against such loans/overdrafts? |
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Yes,
subject to payment of Income tax, Capital
Gains tax etc. payable, if any. |
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Portfolio Investment
Scheme |
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What
is the Portfolio Investment Scheme? |
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Under
this scheme, NRIs are permitted to acquire
shares /debentures of Indian companies or
units of domestic Mutual Funds through the
stock exchange/s in India. |
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What
is the procedure for making applications?
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The
application is to be submitted to Reserve
Bank through a designated branch of a bank
in India in one of the prescribed forms,
i.e. NRC/NRI/RPC/RPI. |
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What
is a designated branch? |
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Reserve
Bank has authorised a few branches of each
bank to conduct the business under Portfolio
Investment Scheme on behalf of NRIs . These
branches are the main branches of major
commercial banks located close to the stock
exchange/s. NRIs will have to route their
applications through any of the designated
bank branches who have authorisation from
Reserve Bank. |
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Whether
NRI can apply through more than one designated
branch? |
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No.
Each NRI has to select one branch for this
purpose for investment on repatriation/
non-repatriation basis. |
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Is
it necessary to maintain a bank account
with the designated branch through whom
the application is made? |
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It
is advisable to maintain a bank account
with the designated branch for administrative
convenience. |
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What
is the validity period of Reserve Bank approval
for the purchase of shares/debentures of
Indian companies or units of domestic Mutual
Funds? |
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Reserve
Bank approval is valid for a period of five
years from the date of issue. This can be
renewed further by making a request by means
of a simple letter. |
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Is
there any ceiling on the investment under
the Portfolio Investment Scheme? |
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There
is an overall ceiling of 5% of paid- up
equity share capital of the company/paid-up
value of each series of convertible debentures
for purchase by NRIs /OCBs. The overall
ceiling can be raised to 30% if the company
concerned passes a special resolution to
that effect in its general body meeting
and a board resolution. Individually, NRIs/OCBs
can make investment upto 1% of the paid-up
equity share capital/each series of convertible
debentures. However, there is no ceiling
on investment in domestic Mutual Funds.
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Company
Deposits |
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Can
NRIs keep deposits with companies in India
with repatriation benefits? |
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Yes.
NRIs are permitted to keep deposits with
public limited companies in India for a
minimum period of three years subject to
certain ceilings/conditions. Application
for the purpose is required to be made by
the company receiving the deposits through
an authorised dealer. |
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Do
NRIs need permission of reserve Bank for
placing funds in fixed deposits with firms/companies
on non- repatriation basis?
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Yes.
Permission for placement of funds in fixed
deposits with firms/companies in India is
granted by Reserve Bank on application by
the depositor or the deposit accepting firm/company,
on non-repatriation basis, subject to certain
ceilings/conditions. |
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Are
NRIs permitted to invest in Commercial Paper(CP)
issued by Indian companies? |
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Yes.General
permission has been granted by Reserve Bank
to Indian companies to issue CP to NRI individuals
subject to the conditions that the amount
invested will not be repatriated outside
India and the CP will not be transferable.
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Sale
/ Transfer of Shares / Securities |
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Is
permission of Reserve Bank required for
sale/transfer of Government securities/units?
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No.
Authorised dealers have been permitted to
undertake sale of Government securities/units
on behalf of NRIs without prior approval
of Reserve Bank. Sale/maturity proceeds
can be remitted abroad if the original investment
was made out of funds remitted from abroad
or funds in NRE/FCNR accounts. Otherwise,
they will have to be credited to NRO account
of the holder. |
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Is
permission of Reserve Bank required by NRIs
for sale/transfer of shares/debentures of
Indian companies to other NRIs?
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No.
Transfer of shares/debentures of Indian
companies by NRIs to other non-residents
does not require permission of Reserve Bank.
However, the transferee NRI would need permission
for purchase of such shares for which an
application is required to be made to Reserve
Bank in form FNC 7. |
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Can
NRIs transfer/sell their shares/ debentures/bonds
held on non-repatriation basis to residents
freely? |
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Yes.
General exemption has been granted by Reserve
Bank for transfer/sale of shares/debentures/bonds
by NRIs/OCBs through stock exchanges if
such transfers are made in favour of an
Indian citizen or a person of Indian origin
or a company incorporated in India and sale
proceeds thereof are credited to NRO account.
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What
is the procedure for sale/transfer of shares/debentures/bonds
held by NRIs with repatriation benefits?
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In
the case of shares /debentures /bonds acquired
by NRIs through stock exchanges under the
Portfolio Investment Scheme, general exemption
has been granted for transfer through stock
exchanges provided the sale is arranged
through the same designated branch through
whom they were purchased. In other cases,
applications for necessary permission is
required to be made to Reserve Bank in form
TS 4. |
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What
is the procedure to be followed by NRIs
for sale/transfer of shares /debentures
to residents by private arrangements?
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NRIs
are required to submit application in form
TS 1 to Reserve Bank for sale of shares/debentures
by private arrangements. |
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Can
shares/debentures be given away as gifts
to relatives? |
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Yes.
Reserve Bank has granted general permission
to NRIs to transfer, by way of gift, shares,
bonds and debentures of Indian companies
held by them with Reserve Bank's permission
to their resident close relative/s. |
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