Outbound Investment procedure - Overseas Direct Investment by indian entity

The relevant application form for  foreign investment by an Indian company is ODI both in case of automatic route and approval route.

ODI form comprises of four parts:

Part I - which includes the following:
          Section A – Details of the Indian Party
          Section B – Details of Investment in New Project
          Section C - Details of Investment in Existing Project
          Section D – Funding for JV / WOS
          Section E – Declaration by the Indian Party
          Section F - Certificate by the Statutory Auditors of the Indian Party

Part II - Reporting of Remittances

Part III - Annual Performance Report (APR)

Part IV – Report on Closure / Disinvestment / Voluntary Liquidation / Winding up of JV / WOS.

AD Category - I bank which receives the ODI form takes the necessary action as under:

a) In cases of Automatic Route – Parts I and II of form ODI should be submitted to The Chief General Manager, Reserve Bank of India, Foreign Exchange Department, Overseas Investment Division, Amar Bldg. 3rd floor, Sir P. M. Road, Fort, Mumbai 400001.

b) In case of Approval Route – Part I of form ODI, along with the supporting documents, is required to be submitted after scrutiny and with specific recommendations by the designated AD Category - I bank, at the address mentioned above. In case the proposal is approved, Part I will be returned by the Reserve Bank to the AD Category - I bank.  After effecting the remittance, the AD Category – I bank should resubmit the same to the Reserve Bank along with Part II of form ODI.

With effect from July 03, 2014, the limit of Overseas Direct Investments (ODI)/ Financial Commitment (FC) to be undertaken by an Indian Party under the automatic route has been restored to the limit prevailing, as per the extant FEMA provisions, prior to August 14, 2013.(i.e., within 400% of the net worth as per the last audited balance sheet)



Sample APR

Sample Valuation Certificate