NRI Investment without Repatriation benefits

  1. Is permission of Reserve Bank required for NRIs to invest in proprietary/partnership concerns on non- repatriation basis?
  2. Is permission of Reserve Bank required for making investments in new issues of Indian companies on non- repatriation basis?
  3. Are any formalities required to be completed by NRIs for getting the benefit of the above general permission?
  4. 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?
  5. Can Overseas Corporate Bodies make similar investments in mutual funds on non-repatriation basis?
  6. Can NRIs make investments in non-convertible debentures of Indian companies?
  7. Can NRIs purchase existing shares/debentures of Indian companies by private arrangement?
  8. 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?
  9. Is income/interest earned on investments/deposits held in India by NRIs on non-repatriation basis allowed to be repatriated?
  10. What is the procedure to be followed for seeking repatriation in such cases?

 

Ans.I

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 investor concern is not engaged in any agricultural/plantation activity or real estate business. This facility is however not available to OCBs.


Top

Ans.II

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 investor 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.

Top

Ans.III

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.

Top

Ans.IV

Yes.

Top

Ans.V

OCBs can make such investments only in domestic public / private sector Mutual Funds. They can also make investments in Money Market Mutual Funds.

Top

Ans.VI

Yes. Applications for necessary permission should be made to Reserve Bank (Central Office) by the concerned Indian Company in form ISD,

Top

Ans.VII

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.

Top

Ans.VIII

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.

Top

Ans.IX

Yes. Income/interest accruing during the financial year 1994-95 and onwards on bank deposits and investments held by NRIs with non-repatriation benefits will be eligible for repatriation as under:

  1. Up to U.S. $ 1,000 or its equivalent in full and one-third of the balance income earned during the financial year 1994-95;
  2. Up to U.S. $ 1,000 or its equivalent in full and two third of the balance income earned during the financial year 1995-96;
  3. The entire income earned during the financial year 1996-97 and onwards.
  4. The entire income earned during the financial year 1996-97 and onwards.

Note : The investment/principal amount of deposits made/held on non-repatriation basis will, however, not be allowed to be repatriated abroad.

Top

Ans.X

NRIs should designate a branch of an authorized 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.

Top