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Centre Changes Overseas Investment Rules

Updated: Apr 16

FM's New Investment Rules

On Monday, the Finance Ministry announced new rules for Indian residents looking to invest overseas. The existing Overseas Investments and Acquisition and Transfer of Immovable Property Outside India Regulations, 2015 have been incorporated into the Foreign Exchange Management (Overseas Investment) Rules, 2022. The move is expected to bring more clarity and transparency to the overseas investment process.



NOC Required for Overseas Financial Commitments.

Under the new rules, any Indian resident with an account that appears to be non-performing, is a wilful defaulter by any bank, or is under investigation by an Indian financial regulator or investigative agency, will have to obtain a "no objection certificate" before making any overseas financial commitment. The certificate is aimed at keeping a keen eye on defaulters and preventing them from fleeing the country after accumulating debt.


The "no objection certificate" will have to be obtained from the concerned authority before any transaction takes place. In addition, the rules will apply to all types of overseas financial commitments, including equity investments, loans, and guarantees.


The introduction of the "no objection certificate" is expected to have a significant impact on Indian residents looking to invest overseas. The rule will not only help the Indian government keep track of defaulters but will also ensure that individuals with a questionable financial history are prevented from engaging in overseas investments.


Revised Overseas Investment Rules Provide Clarity and Simplify the Process

In addition to the "no objection certificate" requirement, the revised overseas investment rules also provide much-needed clarity regarding Indian entities' debt and financial commitments to foreign companies. The new rules make it clear that Indian residents are allowed to invest in equity instruments, debt securities, and mutual funds in foreign companies.


The revised guidelines simplify the investment process for Indian businesses and individuals abroad. The new rules allow Indian residents to open and maintain bank accounts outside India, as well as make remittances for permissible transactions. The guidelines also provide clarity regarding the repatriation of investments, profits, and income from investments made

overseas.


Impact of the New Rules on Indian Businesses and Individuals

The new rules are expected to have a significant impact on Indian businesses and individuals looking to invest overseas. The revised guidelines provide greater clarity and transparency, making it easier for Indian residents to invest abroad. The "no objection certificate" requirement is expected to help prevent defaulters from fleeing the country and accumulating debt overseas.


However, some experts have expressed concerns that the new rules may make it more difficult for legitimate investors to invest overseas. The requirement to obtain a "no objection certificate" may create additional bureaucratic hurdles for investors, potentially slowing down the investment process.


The introduction of the new overseas investment rules is a significant step towards making the investment process more transparent and easier for Indian residents. The "no objection certificate" requirement is expected to help prevent defaulters from fleeing the country after accumulating debt, while the revised guidelines provide clarity and simplify the investment process.


However, it remains to be seen how the new rules will impact the investment landscape in India. While the rules are expected to bring greater transparency, they may also create additional bureaucratic hurdles for investors. Ultimately, only time will tell how the new rules will shape the future of overseas investment for Indian residents.

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