Tuesday, October 4, 2011

Foreign Direct Investment (FDI in LLP



Foreign Direct Investment (FDI) is permitted in Limited Liability Partnership (LLP), subject to following conditions.

a.    FDI is allowed with the approval of Foreign Investment Promotion Board  (FIPB) in LLP’s operating in sectors/activities where 100% FDI is allowed, through the automatic route. LLPs with FDI will not be allowed to operate in agricultural/plantation activity,print media or real estate business.

b.   An Indian company, having FDI, will be permitted to make downstreaminvestment in an LLP only if both-the company, as well as the LLP- are operatingin sectors where 100% FDI is allowed, through the automatic route.

c.    Foreign Capital participation in the capital structure of LLPs will be allowed only by way of cash consideration, received by inward remittance, through normal banking channels..


d.   Investment in LLPs by Foreign Institutional Investors (FIls) and Foreign VentureCapital Investors (FVCIs) will not be permitted.

e.    LLPs will not be permitted to avail External Commercial Borrowings (ECBs).

f.     LLPs with FDI will not be allowed to make any downstream investments.


An Indian company, having FDI, will be permitted to make downstream investment in an LLP only if both-the company, as well as the LLP- are operating in sectors where 100% FDI is allowed, through the automatic route. A company with FDI can be converted  toan LLP, with the prior approval of FIPB.


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