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What is the procedure for investment by NRI in a start up


16-May-2023 (In Startup Law)
I own an online marketplace company registered in dehradun as a Pvt Ltd firm A Nri friend of mine is interested in investing upto 20lacs in my firm Do I or my nri friend has to pay any taxes and what are the legal procedures for him to invest iny company n for me as a company to take his investments
Answers (3)

Answer #1
944 votes
Consult a CA. He will guide through the clearance and other steps at RBI/Bank level. NRI will require to enter into certain SPAs and they will be filed with ROC. You may consult a corporate lawyer based in DDN. Alternatively, CA will guide you through this process as well. Lastly, for Tax, it will not be high. Miniscule payment will be involved.
Answer #2
987 votes
Hi! The NRI has to adhere with the fdi policy vis-A-vis the investment. This includes, he will have to adhere with sectoral caps, Invest thru nre/nro/fcnr Account. What is the key business of your company? Once the investment comes in, there is certain Rbi reporting that you will have to do within certain timelines. What country is the NRI from- is he from Bangladesh, Nepal or Pakistan? How do unsay that the investor is a NRI? Does he have a pio card?

I have been advising various India based companies with foreign investments and NRI investments. Let me have responses to a few questions that inhale raised here and we can take it forward From there.

Tnx
Answer #3
947 votes
Under current startup scheme Indian government has decided that non-repatriable investments by NRIs, OCIs and PIOs will be treated as domestic investments and will not be subject to foreign direct investment caps. Investments by NRIs under under Schedule 4 of FEMA regulations will be deemed to be domestic investment at par with the investment made by residents. For understanding legal compliance and other requirement we need to understand and required details of your business model , MoU and sector you are going to work in, for record for e commerce startup govt has already approved 100% FDI. For details please write us or take appointment with lawrato to meet us.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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