AZB & Partners

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India FDI screening and approvals: legislation, review bodies, sectoral caps, filing timelines, penalties, and recent changes (PN3 2020, NSWS, PN1 2024)
PRACTICE NOTES
1. What is the applicable legislation? The laws governing FDI comprise the Foreign Exchange Management Act, 1999 (FEMA), and the Foreign Direct Investment Policy, 2020, as amended from time to time (FDI Policy), read together with the Foreign Exchange Management (Non-Debt Instruments) Rules, 2019, as amended from time to time (NDI Rules), forming the applicable framework. 2. Which government or other body (or bodies) reviews foreign investments? Under Indian exchange control regulations, two routes are available for an overseas investor, depending on the sector in which the investment is proposed to be made: automatic route—investments under this route do not need approval from the designated Government department, though sector-specific conditions may apply and be attached to them approval route—investments under this route require prior approval from the designated Government department and may include sector-specific conditions attached to the
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