NRI · Foreign National · Foreign Company
Investing in India
from abroad, without the FEMA landmines.
India allows 100% foreign ownership in most sectors — but the path is littered with rules nobody tells you about: which entities are blocked for non-residents, which bank account type decides whether your money can ever leave, and a 30-day RBI filing that most founders discover only when the penalty notice arrives. This guide covers the whole path, cited to FEMA and the Companies Act.
Start with who you are
I'm an NRI
Indian citizen living abroad (182+ days outside India)
- ▸Pvt Ltd under 100% automatic route in most sectors
- ▸OPC allowed since 2021 (Indian citizens only)
- ▸NRE account = fully repatriable capital
I'm a foreign national
No Indian citizenship or OCI status
- ▸Wholly-owned subsidiary (Pvt Ltd) is the standard route
- ▸OPC and proprietorship are blocked
- ▸One Indian-resident director is mandatory — §149(3), Companies Act 2013
We're a foreign company
An established business entering the Indian market
- ▸Choose between subsidiary, branch, liaison, or project office
- ▸Branch/liaison offices need RBI approval via an AD bank
- ▸A subsidiary gives the most operational freedom
The path, end to end
Six steps from ‘I want to invest in India’ to money legally in — and out.
Pick the vehicle
For 9 out of 10 non-resident founders the answer is a Private Limited Company — it is FDI-eligible under the automatic route in most sectors, gives limited liability, and is what every investor and bank expects. LLPs work only in sectors with no FDI performance conditions. Proprietorships and general partnerships are effectively blocked for non-residents.
See every structure scored for non-residents →Check your FDI route and sectoral cap
Most sectors allow 100% foreign investment with no approval (the 'automatic route'). Some — defence, telecom, insurance, print media — carry caps or need government sign-off. Investors from countries sharing a land border with India need prior approval under Press Note 3 (2020) regardless of sector.
Run the FDI route checker →Get the money in legally
NRIs invest through an NRE account (fully repatriable — money and gains can go back abroad) or an NRO account (repatriation capped at USD 1M per financial year). Foreign nationals and companies remit directly from an overseas bank account as FDI inward remittance through an AD (Authorised Dealer) bank.
Incorporate
Incorporation runs through the MCA's SPICe+ form like any Indian company. Non-resident directors need a DIN and apostilled/notarised ID documents. At least one director must have stayed in India 182+ days in the previous calendar year — §149(3), Companies Act 2013. A nominee or professional resident director satisfies this.
See registration costs and timelines →File the FEMA paperwork — this is where people fail
After shares are allotted to a foreign investor, the company must report it on the RBI FIRMS portal via the Single Master Form (FC-GPR) within 30 days of allotment. Late filings attract compounding penalties that grow with the delay. This step is missed constantly because it happens after incorporation, when founders think they're done.
Plan repatriation from day one
Dividends are freely repatriable after dividend distribution tax obligations are met. Sale proceeds of shares go back abroad through the AD bank with a CA-certified valuation. NRO-route funds face the USD 1M/year ceiling and need Form 15CA/CB certification. Structure the money-in correctly and the money-out is easy; do it backwards and you're stuck.
Cross-border
Where are you investing from?
One route, one direction: money leaves your country and lands in an Indian company account. Pick where you are and the line follows you.
The map shows a single route from the United States to India. Money moves one way: inwards, through a bank authorised to deal in foreign exchange.
- 01
Choose the vehicle
Structures scored for non-residents → - 02
Check the route
FDI route checker → - 03
Get the money in
NRE, NRO and inward remittance →
NRI Investment & Repatriation
The FEMA rules your advisor abroad won’t know.
Which structures you can actually use, which accounts to hold money in, and how to get profits back out of India without a FEMA violation.
Press Note 3 (2020): Bordering country screening
Any FDI from or beneficially owned by entities in China, Pakistan, Bangladesh, Nepal, Myanmar, Bhutan, or Afghanistan requires mandatory prior government approval — regardless of sector, route, or investment size. This applies even if the investor is a citizen of these countries holding a third-country passport.
Harini knows FEMA
Cross-border is our home turf
Talk to a CA who does FEMA filings every week.
Free 20-minute consultation on your structure, FDI route, and repatriation plan — before you wire a single rupee.
Book a free consultation →