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Foreign Direct Investment (FDI)

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Foreign Direct Investment (FDI) in India — We Make It Seamless India is open for business. Is your investment structured to succeed?


With a $3.5 trillion economy, 1.4 billion consumers, and one of the world's most liberalized FDI regimes, India offers unmatched opportunity. But navigating RBI regulations, FEMA compliance, sector-specific caps, and multi-agency approvals requires expertise that only comes with experience. We are your end-to-end FDI partner — from entry strategy to ongoing compliance.

FDI Routes — Know Before You Invest

Understanding which route applies to your investment is the first and most critical step.

Automatic Route

No prior government approval needed. Foreign investment flows in directly — no waiting, no committee approvals. The most common and preferred route.

Sectors include: Manufacturing, IT/ITeS, E-commerce, Logistics, Hospitality, Construction, Most Services

Government Route

Prior approval from the relevant Ministry required. Investment cannot proceed until approval is granted. Timelines vary by sector and ministry.

Sectors include: Defence, Broadcasting, Print Media, Satellites, Banking (beyond threshold), Pharmaceuticals (brownfield beyond 74%), Multi-brand Retail

Not sure which route applies to you? Sector classification is nuanced — the same activity can fall under different routes depending on ownership structure, percentage of investment, and end use. We assess your specific case before a single rupee moves.

Our FDI Services

1. Entry Strategy & Structure Advisory

The right structure from day one saves years of pain.

  • Sector analysis and FDI eligibility assessment

  • Automatic vs. Government Route determination

  • Optimal entry vehicle — Subsidiary, Branch Office, Liaison Office, Project Office, or LLP

  • Shareholding structure for tax efficiency and future exits

  • Identifying applicable PLI / incentive schemes

2. Government Route Approvals

We navigate the approval maze, so you don't have to.

  • Preparation and filing of Foreign Investment Facilitation Portal (FIFP) applications

  • Coordination with DPIIT, RBI, Ministry of Finance, Ministry of Home Affairs, and sector-specific ministries

  • Drafting of supporting documents, business plans, and justifications

  • End-to-end follow-up until approval is in hand

3. RBI & FEMA Compliance

Every rupee that crosses the border must be reported. We make sure it is.

Foreign investments trigger mandatory RBI reporting at every stage:

Transaction

RBI Filing Required

Deadline

Foreign capital received

FC-GPR

30 days of allotment

Share transfer — foreign to Indian

FC-TRS

60 days

Share transfer — Indian to foreign

FC-TRS

60 days

Foreign investment in LLP

Form FDI-LLP

30 days

Downstream investment

Form DI

30 days

Annual reporting

Annual Performance Report (APR)

31st December

ECB / foreign loan

Form ECB

Prior filing / 7 days

FLA Return

Form FLA (via FLAIR portal)

15th July every year

We file every form, on time, every time — keeping your investment fully compliant with FEMA and RBI regulations.

4. Entity Incorporation

Your Indian presence, built from the ground up.

Once the entry structure is decided, we incorporate your Indian entity end to end:

  • Wholly Owned Subsidiary (WOS) — 100% foreign-owned Private Limited Company

  • Joint Venture Company — Indian + foreign partner shareholding

  • Branch Office — for foreign companies to conduct limited activities in India

  • Liaison Office — for market representation and communication only

  • Project Office — for specific project execution

  • LLP with FDI — for eligible sectors

Every entity type has specific RBI approval requirements, capital norms, and permitted activities. We assess, advise, and execute.

5. Transfer Pricing & Tax Structuring

Every transaction between your Indian entity and the foreign parent is under the taxman's lens.

  • Transfer pricing policy design and documentation

  • Arm's length pricing for inter-company services, royalties, loans, and management fees

  • Form 3CEB filing (mandatory audit for international transactions)

  • Advance Pricing Agreement (APA) assistance

  • DTAA benefit optimization

  • Thin capitalization and interest deduction planning

Transfer pricing is the single highest-risk area for Indian subsidiaries. The Indian Revenue Service actively scrutinizes inter-company transactions. Undocumented or mispriced transactions attract adjustments, interest, and penalties running into crores. We protect you with airtight documentation.

6. Repatriation of Profits & Capital

Getting your money back home — legally, efficiently, and tax-optimally.

  • Dividend repatriation — withholding tax compliance .

  • Royalty and fee repatriation — permissible limits and documentation

  • Capital repatriation on exit — buyback, liquidation, or share transfer structuring

  • Form 15CA / 15CB filing for all foreign remittances

  • RBI reporting for all outward remittances

7. FDI in Indian Startups & Unlisted Companies

Angel investors, VCs, and PE funds — we handle the full investment lifecycle.

  • CCPS / CCD structuring for venture investments

  • Valuation compliance — RBI mandated fair value pricing

  • Cap table management and shareholder agreements

  • Convertible note structuring for DPIIT-recognized startups

  • Secondary transactions — FC-TRS filings and pricing compliance

8. Exit Strategy & Disinvestment

Every investment needs a clear path out.

  • Share transfer to Indian buyer — FC-TRS compliance

  • Share transfer to another foreign entity — pricing and RBI reporting

  • Buyback of shares by Indian company

  • Liquidation and winding up of Indian subsidiary

  • Branch / Liaison / Project Office closure — RBI approval and final reporting

Our FDI Compliance Calendar

Miss one deadline — pay for it for years.

Obligation

Deadline

FC-GPR filing post capital receipt

30 days

FC-TRS filing post share transfer

60 days

Annual Performance Report (APR)

31st December every year

ECB reporting

Prior to drawdown / within 7 days

Downstream investment reporting

30 days

Income Tax Return with Transfer Pricing audit

31st October every year

Form 3CEB (Transfer Pricing audit report)

31st October every year

⚠️ The Cost of FDI Non-Compliance


FEMA violations are not just fines — they are existential risks.

Getting FDI compliance wrong has consequences that extend far beyond the Indian entity:

  • ⚖️ FEMA penalties — up to 3 times the transaction value for violations

  • 🚫 Compounding proceedings — mandatory if violations are discovered

  • 🏦 Repatriation blocked — profits and capital trapped in India

  • ❌ Investment invalidated — non-compliant FDI can be deemed illegal

  • 📉 Valuation disputes — under-priced or over-priced transactions attract tax adjustments

  • 🌐 Reputational damage — regulatory violations affect global parent credibility