FDI under Automatic Route

Our assistance for FDI under Automatic Route

Foreign direct investment can be considered an investment made by an individual or any business entity owned by an individual or entity in a foreign country in a business entity established in India. FDI under automatic route is essential to drive growth in various sectors. However, specific critical sectors are needed as per government regulations. Hence, the Government has introduced two routes for FDI: the approval route and the Automatic Route. We at Enterslice are here to manage your businesses lying in the category of FDI under automatic route with our team of expert FDI consultants to manage your business affairs as per the government regulations.

Business Insight for your FDI under Automatic Route

Under the Automatic Route, foreign direct investment is allowed in all the sectors and activities covered by the Consolidated Foreign Direct Investment Policy. Another benefit of the automatic route is that foreign investors only need to notify the Reserve Bank of India 30 days after bringing in their funds and 30 days after issuing shares. Most of the FDI is currently allowed under the automatic route. Under the automatic route, foreign investors or Indian companies do not need to apply for approval from the RBI as per government regulations. Under all the approval procedures, FDI will be allowed in all the economic and industrial branches covered by the consolidated Provisions. Another advantage of the automated route is that international investors only need to report to the RBI within 30 days of bringing in their money and 30 days after issuing shares.

Characteristics for FDI under Automatic Route

FDI under automatic route does not require prior approval from the Reserve Bank of India or the Indian company. Under the approval route of FDI, foreign direct investment is allowed in all the sectors and activities specified in the Consolidated Foreign Direct Investment Policy. Another characteristic of automatic route FDI is that foreign investors do not need to inform the RBI within 30 days of bringing the investment into the country and within 30 days of issuing shares. Most FDI is currently allowed under automatic route.

FDI Routes: Automatic or Approval?

At Enterslice, we are dealing with the foreign direct investment scheme launched by the Government. Here, we have a team of experts for your business that lies under the category of FDI under automatic route to manage your business affairs per government regulations. There has been a broad categorization which has made for attracting the FDI as per the government regulation in two ways:

1. FDI under Automatic Route

Under the following terms and conditions of the FDI under automatic route for magnetizing foreign direct investment without any prior approval or permission of the Government or any other apex body regulating FDI like the Reserve Bank of India.

2. FDI under Approval Route

The following terms and conditions apply to FDI under the approval route, where foreign direct investment is subjected to prior approval or permission by the Government or permission of the Government or any other apex body regulating FDI like the Reserve Bank of India. The approval route also ensures that the involvement of critical sectors where foreign parties are involved is properly regulated.

Advantages of Our Services for FDI under Automatic Route

We are ready to provide you with the best team that will handle your business related to the FDI under automatic route without any complication. Here are some of the key advantages of our services for FDI under Automatic Route has to be taken into consideration and attention by you mentioned below:

1. Fast Processing

We are well versed in the fact that the FDI under automatic route makes the investment process more accessible by removing the need for government approval, and also, our clarified approach allows investors to make quick investment decisions without being stuck in red tape. This type of efficiency appeals to investors who want to be agile and responsive in their investment processes.

2. Enhanced Customer Confidence

We already know that FDI under the automatic route does not require prior permission or approval, which indicates a commitment to transparency and openness in the investment landscape. Our services enhance our customers' trust by implying less government intervention and greater certainty regarding investment rules. We also feel more confident in the stability and certainty of the investment environment, which can lead to higher investment inflows.

3. Investor Adaptability Edge

Our FDI under Automatic route consultancy allows investors to initiate and carry out investment transactions without waiting for government regulators' approval. With our flexible approach, investors take advantage of investment opportunities quickly, reacting to market conditions and changes in economic conditions. This also gives investors more control over their investment processes and allows them to improve their investment portfolios.

4. Simplified Administrative Tasks

Our FDI under automatic route consultancy eliminates the need for prior approval, reducing the administrative burden for investors and regulators. They are no longer required to seek regulatory approval for their investment proposal, while regulators can focus more on monitoring and oversight of investments for regulatory compliance. This reduces administrative overhead, improving the overall effectiveness of the investment ecosystem and creating an environment more conducive to investment activity.

5. International Practices Alignment

Many countries worldwide have adopted our FDI under automatic route consultancy to attract foreign investment and drive economic growth. By providing similar provisions, you can align your services with global standards and best practices, making them more credible and attractive to foreign investors. Aligning with global standards improves your services' reputation and facilitates international investment flows and collaborations, setting your services up for long-term growth and success worldwide.

Differences Between Automatic and Approval Routes in FDI

We have concise the differences between both the routes involved in foreign direct investment based on specific parameters discussed below:

1. Definition

An Indian company or non-resident can apply for FDI under the automatic route without any permission or approval from a government body such as the RBI for the sectors discussed below. However, for any Indian company or non-resident to apply for FDI under the approval route, permission or approval from the Government or RBI is mandatory.

2. Purpose

The main purpose of FDI under the automatic route is to serve our customers with quick and fast processing of FDI in India by mitigating the load of regulatory compliances, whereas the FDI under the approval route is to make sure FDI aligns with the national interest as per the regulatory standards in sensitized sectors.

3. Sectors

The sectors covered for FDI under the automatic route are those industries for which 100% FDI is allowed without prior approval. In contrast, the sectors covered for FDI under the automatic route are very sensitive, such as defence, media, telecom, insurance, etc. 

Necessary Papers for your FDI under Automatic Route

In India, it can be observed that the FDI under the automatic route is meant for non-resident or other entities that do not require any approval before the Reserve Bank of India or under the Government of India to invest in Indian businesses or any other entities. However, some of the customers are required to suffice certain documentation and reporting requirements. Here are the necessary papers or documents which are typically needed for the FDI under automatic route as per the government regulations:

1. Foreign Currency Gross Provisional Return

This form must be sent to the authorized dealer bank no later than 30 days after the issue of shares in the case of FDI share allotment to third-country nationals under the FDI scheme as per the government regulations.

2. Board Resolution

The board resolution is also required for any foreign company, business investment, or non-resident to pass.

3. Certificate of Valuation

The certificate of valuation for FDI under automatic route is also required from the certified chartered accountant or any of the SEBI registered merchant bankers, which provides the fair value of shares as proposed to be issued in the meantime.

4. Documents related to KYC & PAN

Any KYC documents for foreign investors, such as a copy of your passport, proof of address, etc. Income Tax Department registration and Permanent Account Number for the tax appropriation for FDI under automatic route.

5. MoA & AoA

Certified copies of the memorandum of association and articles of association of any foreign investor companies for FDI under Automatic route. 

6. Bank Certificate

The bank must send a letter about the remittance of funds from abroad for investment in FDI under Automatic Route.

7. Compliance Certificate & Other filings

A compliance certificate issued by a company secretary or chartered accountant attesting that all relevant laws and regulations regarding FDI under automatic route have been followed. Other filings or approvals may be required depending on the industry in which the investment will be made.

Sectors Open to Foreign Direct Investment in India

There are various sectors open to foreign direct investment in India through the automatic route and the approval route, depending on the needs of your business. We are here to assist you with our expert team in providing you with the best FDI consultancy through the automatic route. There are sectors with 100 % permissibility for the FDI under automatic route as per the government regulations:

1. 100% Automatic Route map-reading

Agriculture Plantation Mining and Exploration of metals and non-metallic ores Mining – Coal & Lignite Manufacturing Broadcast carriage services related to Teleports or DTH/Cable Networks/Mobile TV/HITS). Broadcast content service up-linking/down-linking of non-news & current affairs TV channels. Airports – greenfield Airports – brownfield Air transport service - non-scheduled Air transport service – helicopter services or seaplane services. Other services under the civil aviation sector include Ground Handling Services and other services within the civil aviation sector. Maintaining and Repairing organizations. Flying training institutes and technical training institutions. Construction Development. Industrial parks for new and existing. Wholesale E-Commerce Activities. SBRT Duty-Free Shops Railroad Infrastructure Asset Reconstruction Companies Credit Information Companies Intermediaries or Insurance Intermediaries. White Label ATM Operations Other financial services. Pharmaceuticals for the greenfield Petroleum & Natural Gas Exploration activities of oil & natural gas fields for which FDI is permitted. Also, we have made it in pointers for your better understanding, as mentioned below:

• For Animal Husbandry & Agriculture
• For Hospitality & Tourism
• For Air transport services
• For Thermal Power Technology
• For Garments and textiles
• For Asset Construction Businesses
• For Food Processing
• For Automobile Sector
• For Biotechnology
• For Railway Infrastructure
• For Shipping and ports
• For Broadcast Content Services
• For Sector Related to plantation
• For Capital goods
• For Biomedical & pharmaceuticals
• For Lignite & coal
• For Exploration & mining
• For Construction development
• For Leather & credit information companies
• For Duty-free shops
• For Industrial parks
• For E-commerce activates
• For Healthcare Industry
• For Jewellery & gems
• For Electronic Systems

2. Ultimate Autonomous Navigation Solution

• For Construction Companies in the Securities Market, up to 49%
• For Insurance Market, up to 49%
• For Pensions up to 49%
• For Petroleum Refining by PSUs, up to 49%
• For Power Exchanges, up to 49%

3. Up to 100% FDI Policy permissible under both

• For Airport transport services with the scheduled air transport service, domestic scheduled passenger airline, or other regional transport services, up to 49% Automatic can go up to 100% under automatic route for NRI and more than 49% for the Government.
• Up to 49% of private sector banking is automatic banking, and above 49% is government banking.
• For brownfield biotechnology, up to 74% is for automatic & above 74% for Government.
• Up to 74% of private sector agencies' budgets are for automatic services, and above 74% are for government services.
• For telecom services, up to 49% is for automatic & above 49% is for Government.

4. Forbidden Sector Under FDI Entry Route

Investment backing to the people or a resident outside India is forbidden by both the FDI under the automatic route for the FDI inflow as well as under FDI under the approval route in the following sectors mentioned below:

• Lottery businesses include government, private, and online lotteries.
• Betting and gambling, which also includes casinos.
• Related to chit funds for the investment made by the NRIs and other OCIs on a non-displacement basis
• Nidhi Company for the mutual funds company
• Trading for transferable development rights
• Real Estate Business or construction of farmhouses
• Mass production of cigarettes, cigars, cheroots of tobacco, or any tobacco substitutes. To forbid the manufacturing of the products mentioned and also for the foreign investment in other activities related to these products, including wholesale cash and carrying out retail trading, etc., that will be governed by the prohibited sectoral has been laid down in the R-16 of the FEMA 20 (R).
• For activities or sectors not open to private sector investment, namely, atomic energy and railway operations.
• For foreign technology alliances with any form that includes the licensing for trademarks, franchises, brand names, trademarks, or contract management, which has been prohibited for gambling, lottery business, and other betting activities.

Recent Government Approval for FDI under Automatic Route

Recently, the Union cabinet came up with the approved FDI policy amendment for the space sector. The policy will now allow up to 100% FDI through 3 categories of liberalized access routes. According to a government statement, the policy will allow FDI to be carried out automatically to manufacture satellites, ground segments, and user segments. For FDI under automatic route, up to 74% of FDI will be allowed to manufacture and operate an entire satellite. You can also notice that the FDI beyond the automatic route will be subject to government approval. Foreign investment in the manufacturing and operating of satellites is only allowed with government approval to abide by government regulations for the amended policy.

The experts also observed that investing in satellites requires a certain level of oversight. Satellites funded by non-European nations can be used for activities they were not designed for, like spying, but still have a backup system that can turn them off. When it comes to launch vehicles, experts said high investments may not only allow other companies to access the technology but also turn it into a rocket workshop.

Solving FDI Challenges via Automatic Route

There are specific challenges in dealing with the FDI under the automatic route in case of ease compared to the government route, for which prior approval is necessary. Here are some of the key challenges in dealing with the FDI under the automatic route as per the government regulation:

1. Regulatory Compliance for FDI

Even though the automatic route does not require approval for FDI, there are still many regulatory and compliance rules and regulations that companies need to follow. These rules and regulations can be complicated and time-consuming. We are here to manage your business affairs related to FDI under an automatic route and abide by government regulations.

2. Difficulty in Taxation & TP

The transactions related to the FDI under the automatic route often involve complicated tax situations and transfer pricing. To apply for any compliance with tax rules and regulations, both at home and abroad, is crucial to avoid fines and litigation with tax authorities. We are here to handle any difficulty managing taxation and transfer pricing protection for your business.

3. Fluctuation of Currency

Foreign direct investment under automatic route involves currency exchange, so companies are exposed to currency volatility risks. These risks can be mitigated through captioning or other financial tools. We are here to overcome the challenge of currency fluctuation while your business operates in India or abroad.

4. Relationship Partner

In some instances, FDI under the automatic route may include partnerships with local communities. Developing and sustaining relationships with local communities while keeping in line with business goals and regulations can be difficult. We are here to manage a cordial relationship with your relationship partner to manage your business affairs.

5. IP protection

Handling your business affairs for FDI under the automatic route by protecting intellectual property can be a significant concern. Complying with IPR legislation and protecting patented technology and knowledge from unauthorized exploitation or infringement can be difficult in foreign jurisdictions.