Construction development: Township, Built-up infrastructure
100% FDI is allowed under the automatic route in the following:
Construction-development projects (including but not restricted to) – Housing,
– Commercial premises
– Resorts
– Educational institutions
– Recreational facilities
– City and regional level infrastructure, and
– Townships
Who can invest in India?
- A non-resident entity
- A citizen of Pakistan & Bangladesh or an entity incorporated there can invest only under the government route
Who can get investment?
- An Indian Company
- Partnership / Proprietorship Firm by NRI/PIO
▫ Repatriation Basis – Approval Route
Non – Repatriation Basis – Automatic
- Partnership/Proprietorship Firm by NR (Foreigner)
▫Repatriation – Approval Route
▫Non Repatriation Basis – Approval Route
Investment will be subject to following conditions:
- Minimum area to be developed
– In case of development of serviced housing plots, a minimum land area of 10 hectares
– In case of construction-development projects, a minimum built-up area of 50,000 sq.mts
– In case of combination projects, any one of the above two conditions would suffice
- Minimum capitalisation
– US$ 10 million for a wholly-owned subsidiary
– US$ 5 million for a JV with an Indian partner
- 3. Lock In period
Original investment i.e. the entire amount brought in as FDI with a minimum three-year lock-in from the date of receipt of each FDI installment or from the date of completion of minimum capitalisation, whichever is later.
Investment will be subject to following conditions:
- At least 50% of each projects must be developed within a period of five years from the date of obtaining all statutory clearances.
- Investor / Investee will be responsible for the necessary approvals from all the Statutory / Government Bodies.
Exemptions to Conditions…
- Investment by NRIs is not subject to the conditions (1 to 4) as are applicable in the case of construction development projects.
- Investment in SEZs, hotels, hospitals, industrial parks (satisfying prescribed conditions), the education sector and old-age homes is also exempt from the conditions (1 to4).
Instruments for receiving FDI
Foreign investment is reckoned as FDI only if the investment is made in:
- Equity shares
- Fully and mandatorily convertible preference shares
- Fully and mandatorily convertible debentures
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