Foreign Direct Investment

[hithakar chouta]

On 7th June 2018, RBI has issued Circular (“RBI Circular”) to lay down the roadmap for implementation of the reporting of Foreign Investment through Single Master Form (SMF).

The highlights of the RBI Circular are :                                                                                                                                     

 1. SMF would provide a facility for reporting total foreign investment by a non-resident in an Indian entity viz Company, Limited Liability Partnership (LLP) and other investment vehicles viz Real Estate Investment Trusts (REITs) / Infrastructure Investment Trusts (InvIts) / Alternative Investment Funds (AIFs).

2. SMF would subsume various forms for the reporting of foreign investment in India.

3. Prior to implementation of SMF, RBI would provide an online interface to existing Indian entities having foreign investment for filing information on total foreign investment  through Entity Master Form (“EMF”):

-      Time available for filing in data in the interface window is 15 days;

-      The window opens from 28 June 2018 and closes on 12 July 2018

  4.   Indian entities not filing Entity Master Form (“EMF”):

-      Will not be able to receive foreign investment (including indirect foreign investment); and

-      Will be considered as non-compliant with Foreign Exchange Management Act, 1999 and regulations made thereunder exposing them to penal consequences.

All direct and indirect foreign investment in Indian entities would be required to be reported to RBI.