Professional Documents
Culture Documents
Success in India
Success in India will depend on the correct estimation of the country's potential,
underestimation of its complexity or overestimation of its possibilities can lead to
failure. While calculating, due consideration should be given to the factor of the
inherent difficulties and uncertainties of functioning in the Indian system.Entering
India's marketplace requires a well-designed plan backed by serious thought and
careful research. For those who take the time and look to India as an opportunity for
long-term growth, not short-term profit- the trip will be well worth the effort.
Market potential
India is the fifth largest economy in the world (ranking above France, Italy, the
United Kingdom, and Russia) and has the third largest GDP in the entire continent of
Asia. It is also the second largest among emerging nations. (These indicators are
based on purchasing power parity.) India is also one of the few markets in the world
which offers high prospects for growth and earning potential in practically all areas of
business.Yet, despite the practically unlimited possibilities in India for overseas
businesses, the world's most populous democracy has, until fairly recently, failed to
get the kind of enthusiastic attention generated by other emerging economies such
as China.
Infrastructural hassles.
The rapid economic growth of the last few years has put heavy stress on India's
infrastructural facilities. The projections of further expansion in key areas could snap
the already strained lines of transportation unless massive programs of expansion
and modernization are put in place. Problems include power demand shortfall, port
traffic capacity mismatch, poor road conditions (only half of the country's roads are
surfaced), low telephone penetration (1.4% of population).
Indian Bureaucracy.
Although the Indian government is well aware of the need for reform and is pushing
ahead in this area, business still has to deal with an inefficient and sometimes still
slow-moving bureaucracy.
Diverse Market .
The Indian market is widely diverse. The country has 17 official languages, 6 major
religions, and ethnic diversity as wide as all of Europe. Thus, tastes and preferences
differ greatly among sections of consumers.
Use of GDRs
The proceeds of the GDRs can be used for financing capital goods imports, capital
expenditure including domestic purchase/installation of plant, equipment and
building and investment in software development, prepayment or scheduled
repayment of earlier external borrowings, and equity investment in JV/WOSs in
India.
Restrictions
However, investment in stock markets and real estate will not be permitted.
Companies may retain the proceeds abroad or may remit funds into India in
anticiption of the use of funds for approved end uses. Any investment from a foreign
firm into India requires the prior approval of the Government of India.
FII investments
FII net investment declined to dols 1.5 billion for IFY 1997-98, compared to dols 2.2
billion in 1996-97. The trend reversed itself in February and March 1998, reflecting
the renewed stability of the rupee and relatively attractive valuations on Indian stock
markets.
Forbidden Territories:
FDI is not permitted in the following industrial sectors:
Use of GDRs
The proceeds of the GDRs can be used for financing capital goods imports, capital
expenditure including domestic purchase/installation of plant, equipment and building and
investment in software development, prepayment or scheduled repayment of earlier
external borrowings, and equity investment in JV/WOSs in India.
Restrictions
However, investment in stock markets and real estate will not be permitted. Companies
may retain the proceeds abroad or may remit funds into India in anticiption of the use of
funds for approved end uses. Any investment from a foreign firm into India requires the prior
approval of the Government of India.
After obtaining the necessary approval from the Government, the Indian company should
submit an application to the General Manager, Foreign Investment Division, Exchange
Control Department, Reserve Bank of India, Central Office, Mumbai - 400 001 enclosing
a copy of the application made to the Government and the in-principle/final approval
granted by the Government, for necessary permission for issue/acquisition of shares to/by
non-residents, remittance of issue expenses, opening of foreign currency accounts, etc.
a. such shares were released by the Indian custodian of a GDR/ADR issue against
surrender of GDRs/ADRs by the non-resident concerned and
b. the sale is made on a stock exchange or the shares are offered for sale in terms of
an offer made under the Securities and Exchange Board of India (Substantial
Acquisition of Shares and Takeover) Regulations, 1997.
Authorized dealers may allow remittance of sale proceeds of such underlying shares on
verification of the following documents:-
a. Release Order in original from the Domestic Custodian bank of the GDR/ADR
issue.
b. Sale note from a SEBI registered broker/merchant banker showing the number of
shares transferred and the amount of sale proceeds.
c. An undertaking/Accountant's certificate regarding payment of Income-tax
Authorized dealers may also allow the non-resident transferor to keep the above
mentioned shares in their safe custody till the sale of the shares is effected and to open a
non-resident non-interest bearing account to collect the sale proceeds of the shares. A
statement giving details, such as the name of the company whose shares have been sold,
number of shares sold and the amount remitted should be submitted to the General
Manager, Foreign Investment Division, Exchange Control Department, Reserve Bank of
India, Central Office, Mumbai 400 001 within a period of 7 days from the date of
effecting the remittance.
The above general permission will be applicable for transfer of shares underlying
GDRs/ADRs through stock exchange or under an offer made under the Securities and
Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations
1997. All other cases including transfer of shares, on conversion of FCCBs into shares in
favour of residents, will require approval of Reserve Bank.
The Reserve Bank has granted general exemption vide its Notification
No.F.E.R.A.193/99-RB dated 16th March 1999 permitting
a. The foreign currency deposits would carry interest at a rate not exceeding LIBOR
for the respective period for which the deposit is accepted.
f. The deposits can be converted into Indian rupees only as and when expenditure
for approved end uses (including upto a maximum of 15% of the proceeds
earmarked for general corporate restructuring) are incurred by the Indian
company.
Other policy changes have been introduced to encourage foreign direct and foreign
institutional investment.
For instance, the Securities and Exchange Board of India (SEBI) recently formulated
guidelines to facilitate the operations of foreign brokers in India on behalf of
registered Foreign Institutional Investors (FII's). These brokers can now open foreign
currency-denominated or rupee accounts for crediting inward remittances,
commissions and brokerage fees.
Relaxation
The condition of dividend balancing (offsetting the outflow of foreign exchange for
dividend payments against export earnings) has been eliminated for all but 22
consumer goods industries. A 5-year tax holiday is extended to enterprises engaged
in development of infrastructural facilities. Even without a registered office in India,
foreign companies are allowed to start multimodal transport services in India.
The Reserve Bank of India (RBI) now permits 100 percent foreign investment in the
construction of roads/bridges. The peak custom duty rate was reduced to 50 percent
from 65 percent in the March 1995 budget. Import regime changes included
enhancement of the scope of Special Import License (SIL) programs, and the
expansion of freely importable items on the Open General License (OGL) list to
include some consumer goods.
Dispute Settlement
Currently, there are no investment disputes over expropriation or nationalization.
Government demands for penalty payments for alleged overcharging by
pharmaceutical companies during the 1980's could lead to de-facto expropriation of
some foreign drug companies' assets in India.
In pharmaceutical sector
A committee has been named to study these longstanding disputes, but the failure of
successive governments to produce a swift and transparent resolution has led to a
virtual standstill in foreign investment in India's pharmaceutical sector. Indian courts
provide adequate safeguards for the enforcement of property and contractual rights.
Case backlogs
However, case backlogs frequently lead to long procedural delays. India is not a
member of the International Center for the Settlement of Investment Disputes, nor
of the New York Convention of 1958. Commercial arbitration or other alternative
dispute resolution (ADR) methods are not yet popular ways of commercial dispute
settlement in India. The recent introduction in Parliament of a new Arbitration Bill
signals the importance now accorded to this matter by the GOI.
Investment in India - Foreign Direct Investment - Approval
Foreign direct investments in India are approved through two routes:
Automatic approval by RBI:
The Reserve Bank of India accords automatic approval within a period of two weeks (provided
certain parameters are met) to all proposals involving:
The lists are comprehensive and cover most industries of interest to foreign companies.
Investments in high-priority industries or for trading companies primarily engaged in exporting are
given almost automatic approval by the RBI.
FII investments
FII net investment declined to dols 1.5 billion for IFY 1997-98, compared to dols 2.2 billion in
1996-97. The trend reversed itself in February and March 1998, reflecting the renewed stability of
the rupee and relatively attractive valuations on Indian stock markets.