edit project on fdi in india

7/27/2019 EDIt Project on Fdi in India

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1.Introduction and overview1.1What is Foreign Direct Investment?

Meaning:

These three letters stand for foreign direct investment. The simplest explanation of FDI would be a

direct investment by a corporation in a commercial venture in another country. A key to separating this

action from involvement in other ventures in a foreign country is that the business enterprise operates

completely outside the economy of the corporations home country. The investing corporation must

control 10 percent or more of the voting power of the new venture.

According to history the United States was the leader in the FDI activity dating back as far as the

end of World War II. Businesses from other nations have taken up the flag of FDI, including many who

were not in a financial position to do so just a few years ago.

The practice has grown significantly in the last couple of decades, to the point that FDI has

generated quite a bit of opposition from groups such as labor unions. These organizations have expressed

concern that investing at such a level in another country eliminates jobs. Legislation was introduced in the

early 1970s that would have put an end to the tax incentives of FDI. But members of the Nixon

administration, Congress and business interests rallied to make sure that this attack on their expansion

plans was not successful. One key to understanding FDI is to get a mental picture of the global scale ofcorporations able to make such investment. A carefully planned FDI can provide a huge new market for

the company, perhaps introducing products and services to an area where they have never been available.

Not only that, but such an investment may also be more profitable if construction costs and labor costs are

less in the host country.

The definition of FDI originally meant that the investing corporation gained a significant number

of shares (10 percent or more) of the new venture. In recent years, however, companies have been able to

make a foreign direct investment that is actually long-term management control as opposed to direct

investment in buildings and equipment.


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FDI growth has been a key factor in the international nature of business that many are familiar

with in the 21st century. This growth has been facilitated by changes in regulations both in the originating

country and in the country where the new installation is to be built. Corporations from some of the

countries that lead the worlds economy have found fertile soil for FDI in nations where commercial

development was limited, if it existed at all. The dollars invested in such developing-country projects

increased 40 times over in less than 30 years. The financial strength of the investing corporations has

sometimes meant failure for smaller competitors in the target country. One of the reasons is that foreign

direct investment in buildings and equipment still accounts for a vast majority of FDI activity.

Corporations from the originating country gain a significant financial foothold in the host country. Even

with this factor, host countries may welcome FDI because of the positive impact it has on the smaller

economy.

Foreign direct investment (FDI) is a measure of foreign ownership of productive assets, such as

factories, mines and land. Increasing foreign investment can be used as one measure of growing economic

globalization. Figure below shows net inflows of foreign direct investment as a percentage of gross

domestic product (GDP). The largest flows of foreign investment occur between the industrialized

countries (North America, Western Europe and Japan).But flows to non-industrialized countries are

increasing sharply. Foreign direct investment (FDI) refers to long term participation by country A into

country B.

It usually involves participation in management, joint-venture, transfer of technology and expertise.

There are two types of FDI: inward foreign direct investment and outward foreign direct investment,

resulting in a net FDI inflow (positive or negative) .Foreign direct investment reflects the objective of

obtaining a lasting interest by a resident entity in one economy (direct investor) in an entity resident in

an economy other than that of the investor (direct investment enterprise).The lasting interest implies

the existence of a long-term relationship between the direct investor and the enterprise and a significant

degree of influence on the management of the enterprise. Direct investment involves both the initial

transaction between the two entities and all subsequent capital transactions between them and among

affiliated enterprises, both incorporated and unincorporated.
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The Dynamic Capability Perspective

A firms ability to diffuse, deploy, utilize and rebuild firm-specific resources for a competitiveadvantage.

Ownership specific resources or knowledge are necessary but not sufficient for internationalinvestment or production success.

It is necessary to effectively use and build dynamic capabilities for quantity and/or quality baseddeployment that is transferable to the multinational environment.

Firms develop centers of excellence to concentrate core competencies to the host environment.

Monopolistic Advantage Theory

An MNE has and/or creates monopolistic advantages that enable it to operate subsidiaries abroadmore profitably than local competitors.

Monopolistic Advantage comes from: Superior knowledge production technologies, managerial skills, industrial organization,

knowledge of product.

Economies of scalethrough horizontal or vertical FDIInternationalization Theory

When external markets for supplies, production, or distribution fails to provide efficiency,companies can invest FDI to create their own supply, production, or distribution streams.

Advantages Avoid search and negotiating costs Avoid costs of moral hazard (hidden detrimental action by external partners) Avoid cost of violated contracts and litigation Capture economies of interdependent activities Avoid government intervention Control supplies Control market outlets Better apply cross-subsidization, predatory pricing and transfer pricing


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1.2DefinitionForeign direct investment is that investment, which is made to serve the business interests of

theinvestorin a company, which is in a different nation distinct from the investor's country of origin. A

parent business enterprise and its foreign affiliate are the two sides of the FDI relationship. Together they

comprise an MNC.

The parent enterprise through itsforeign direct investmenteffort seeks to exercise substantial

control over the foreign affiliate company. 'Control' as defined by the UN, is ownership of greater than or

equal to 10% of ordinary shares or access to voting rights in an incorporated firm. For an unincorporated

firm one needs to consider an equivalent criterion. Ownership share amounting to less than that stated

above is termed as portfolio investment and is not categorized as FDI.

FDI stands for Foreign Direct Investment, a component of a country's national financial accounts.Foreign direct investment is investment of foreign assets into domestic structures, equipment, and

organizations. It does not include foreign investment into the stock markets. Foreign direct investment is

thought to be more useful to a country than investments in the equity of its companies because equity

investments are potentially "hot money" which can leave at the first sign of trouble, whereas FDI is

durable and generally useful whether things go well or badly.

FDI or Foreign Direct Investment is any form of investment that earns interest in enterprises which

function outside of the domestic territory of the investor. FDIs require a business relationship between a

parent company and its foreign subsidiary. Foreign direct business relationships give rise to multinational

corporations. For an investment to be regarded as an FDI, the parent firm needs to have at least 10% of the

ordinary shares of its foreign affiliates. The investing firm may also qualify for an FDI if it owns voting

power in a business enterprise operating in a foreign country.
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2.HistoryIn the years after the Second World War global FDI was dominated by the United States, as much

of the world recovered from the destruction brought by the conflict. The US accounted for around three-

quarters of new FDI (including reinvested profits) between 1945 and 1960. Since that time FDI has spread

to become a truly global phenomenon, no longer the exclusive preserve of OECD countries.FDI has grown in importance in the global economy with FDI stocks now constituting over 20 percent of

global GDP. Foreign direct investment (FDI) is a measure of foreign ownership of productive assets, such

as factories, mines and land. Increasing foreign investment can be used as one measure of growing

economic globalization. Figure below shows net inflows of foreign direct investment as a percentage of

gross domestic product (GDP). The largest flows of foreign investment occur between the industrialized

countries (North America, Western Europe and Japan). But flows to non-industrialized countries are

increasing sharply.

Foreign Direct investor

A foreign direct investor is an individual, an incorporated or unincorporated public or private

enterprise, a government, a group of related individuals, or a group of related incorporated and/or

unincorporated enterprises which has a direct investment enterprise that is, a subsidiary, associate or

branchoperating in a country other than the country or countries of residence of the foreign direct

investor or investors.
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3.Objective of the study:

To know the flow of investment in India To know how can India Grow by Investment. To Examine the trends and patterns in the FDI across different sectors and from different countries

in India

To know in which sector we can get more foreign currency in terms of investment in India To know which country s safe to invest. To know how much to invest in a developed country or in a developing. To know which sector is good for investment. To know which country in investing in which country To know the reason for investment in India Influence of FII on movement of Indian stock exchange To understand the FII & FDI policy in India.


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4.Research methodologyIn order to accomplish this project successfully we will take following steps.

Data collection:

Secondary Data:Internet, Books, newspapers, journals and books, other reports and projects, literatures

FDI:

The study is limited to a sample of investing countries e.g. Mauritius, Singapore, USA etc. and sectors e.g.

service sector, computer hardware and software, telecommunications etc. which had attracted larger

inflow of FDI from different countries.

FII:

Correlation: We have used the Correlation tool to determine whether two ranges of data movetogether that is, how the Sensex, Banked, IT, Power and Capital Goods are related to the FII

which may be positive relation, negative relation or no relation.

We will use this model for understanding the relationship between FII and stock indices returns.

FII is taken as independent variable. Stock indices are taken as dependent variable

Hypothesis Test: If the hypothesis holds good then we can infer that FIIs have significant impacton the Indian capital market. This will help the investors to decide on their investments in stocks

and shares. If the hypothesis is rejected, or in other words if the null hypothesis is accepted, then

FIIs will have no significant impact on the Indian bourses.


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5.Types of Foreign Direct Investment: An OverviewFDIs can be broadly classified into two types:

1 Outward FDIs

2 Inward FDIs

This classification is based on the types of restrictions imposed, and the various prerequisites required for

these investments.

Outward FDI: An outward-bound FDI is backed by the government against all types of associated risks. This

form of FDI is subject to tax incentives as well as disincentives of various forms. Risk coverage provided to the

domestic industries and subsidies granted to the local firms stand in the way of outward FDIs, which are also known

as 'direct investments abroad.'

Inward FDIs: Different economic factors encourage inward FDIs. These include interest loans, tax breaks, grants,subsidies, and the removal of restrictions and limitations. Factors detrimental to the growth of FDIs include

necessities of differential performance and limitations related with ownership patterns.

Other categorizations of FDI

Other categorizations of FDI exist as well. Vertical Foreign Direct Investment takes place when

multinational corporation owns some shares of a foreign enterprise, which supplies input for it or uses th

output produced by the MNC.

Horizontal foreign direct investments happen when a multinational company carries out a similar businesoperation in different nations.

Horizontal FDIthe MNE enters a foreign country to produce the same products product at home. Conglomerate FDIthe MNE produces products not manufactured at home. Vertical FDI the MNE produces intermediate goods either forward or backward in the supply

stream.

Liability of foreignness the costs of doing business abroad resulting in a competitivedisadvantage.
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Methods of Foreign Direct Investments

The foreign direct investor may acquire 10% or more of the voting power of an enterprise in an economy

through any of the following methods:

by incorporating a wholly owned subsidiary orcompany by acquiring shares in an associated enterprise through a mergeror an acquisition of an unrelated enterprise participating in an equity joint venture with another investor or enterprise

Foreign direct investment incentives may take the following forms:

low corporate tax and income tax rates

tax holidays other types of tax concessions preferential tariffs special economic zones investment financial subsidies soft loan or loan guarantees free land or land subsidies
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relocation & expatriation subsidies job training & employment subsidies infrastructure subsidies R&D support derogation from regulations (usually for very large projects)

Entry Mode

The manner in which a firm chooses to enter a foreign market through FDI. International franchising Branches Contractual alliances Equity joint ventures Wholly foreign-owned subsidiaries

Investment approaches: Greenfield investment (building a new facility) Cross-border mergers Cross-border acquisitions Sharing existing facilities

Why is FDI important for any consideration of going global?

The simple answer is that making a direct foreign investment allows companies to accomplish several

tasks:

1 .Avoiding foreign government pressure for local production

2. Circumventing trade barriers, hidden and otherwise.

3. Making the move from domestic export sales to a locally-based national sales office.
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4. Capability to increase total production capacity.

5. Opportunities for co-production, joint ventures with local partners, joint marketing arrangements,

licensing, etc.

A more complete response might address the issue of global business partnering in very general

terms. While it is nice that many business writers like the expression, think globally, act locally, this

often used clich does not really mean very much to the average business executive in a small and

medium sized company. The phrase does have significant connotations for multinational

corporations. But for executives in SMEs, it is still just another buzzword. The simple explanation for

this is the difference in perspective between executives of multinational corporations and small and

medium sized companies. Multinational corporations are almost always concerned with worldwide

manufacturing capacity and proximity to major markets. Small and medium sized companies tend to be

more concerned with selling their products in overseas markets. The advent of the Internet has ushered ina new and very different mindset that tends to focus more on access issues. SMEs in particular are now

focusing on access to markets, access to expertise and most of all access to technology.

The Strategic Logic behind FDI

Resources seekinglooking for resources at a lower real cost. Market seekingsecure market share and sales growth in target foreign market. Efficiency seeking seeks to establish efficient structure through useful factors, cultures,

policies, or markets.

Strategic asset seekingseeks to acquire assets in foreign firms that promote corporate longterm objectives.

Enhancing Efficiency from Location Advantages

Location advantages - defined as the benefits arising from a host countrys comparativeadvantages.- Better access to resources

Lower real cost from operating in a host country Labor cost differentials


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Transportation costs, tariff and non-tariff barriers Governmental policies

Improving Performance from Structural Discrepancies

Structural discrepancies are the differences in industry structure attributes between home andhost countries. Examples include areas where:

Competition is less intense Products are in different stages of their life cycle Market demand is unsaturated There are differences in market sophistication

Increasing Return from Ownership Advantages

Ownership Advantages come from the application of proprietary tangible and intangible assets inthe host country.

Reputation, brand image, distribution channels Technological expertise, organizational skills, experience

Core competenceskills within the firm that competitors cannot easily imitate or match.Ensuring Growth from Organizational Learning

MNEs exposed to multiple stimuli, developing: Diversity capabilities Broader learning opportunities

Exposed to: New markets


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New practices New ideas New cultures New competition

The Impact of FDI on the Host Country

Employment

Firms attempt to capitalize on abundant and inexpensive labor. Host countries seek to have firms develop labor skills and sophistication. Host countries often feel like least desirable jobs are transplanted from home countries. Home countries often face the loss of employment as jobs move.

FDI Impact on Domestic Enterprises

Foreign invested companies are likely more productive than local competitors. The result is uneven competition in the short run, and competency building efforts in the

longer term.

It is likely that FDI developed enterprises will gradually develop local supporting Industries, supplier relationships in the host country.


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6. Foreign Direct Investment in India

The economy of India is the third largest in the world as measured by purchasing power parity

(PPP), with a gross domestic product (GDP) of US $3.611 trillion. When measured in USD exchange-rate

terms, it is the tenth largest in the world, with a GDP of US $800.8 billion (2006). is the second fastest

growing major economy in the world, with a GDP growth rate of 8.9% at the end of the first quarter of

2006-2007. However, India's huge population results in a per capita income of $3,300 at PPP and $714 at

nominal.

The economy is diverse and encompasses agriculture, handicrafts, textile, manufacturing, and a

multitude of services. Although two-thirds of the Indian workforce still earn their livelihood directly or

indirectly through agriculture, services are a growing sector and are playing an increasingly important role

of India's economy. The advent of the digital age, and the large number of young and educated populace

fluent in English, is gradually transforming India as an important 'back office' destination for global

companies for the outsourcing of their customer services and technical support.

India is a major exporter of highly-skilled workers in software and financial services, and software

engineering. India followed a socialist-inspired approach for most of its independent history, with strict

government control over private sector participation, foreign trade, and foreign direct investment.

However, since the early 1990s, India has gradually opened up its markets through economic reforms byreducing government controls on foreign trade and investment. The privatization of publicly owned

industries and the opening up of certain sectors to private and foreign interests has proceeded slowly amid

political debate. India faces a burgeoning population and the challenge of reducing economic and social

inequality. Poverty remains a serious problem, although it has declined significantly since independence,

mainly due to the green revolution and economic reforms. FDI up to 100% is allowed under the automatic

route in all activities/sectors except the following which will require approval of the Government:

Activities/items that require an Industrial License; Proposals in which the foreign collaborator has a

previous/existing venture/tie up in India

FDI in India includes FDI inflows as well as FDI outflow from India. Also FDI foreign direct

investment and FII foreign institutional investors are a separate case study while preparing a report on FDI

and economic growth in India. FDI and FII in India have registered growth in terms of both FDI flows in


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India and outflow from India. The FDI statistics and data are evident of the emergence of India as both a

potential investment market and investing country. FDI has helped the Indian economy grow, and the

government continues to encourage more investments of this sort - but with $5.3 billion in FDI . India gets

less than 10% of the FDI of China. Foreign direct investment (FDI) in India has played an important role

in the development of the Indian economy. FDI in India has - in a lot of ways - enabled India to achieve a

certain degree of financial stability, growth and development. This money has allowed India to focus on

the areas that may have needed economic attention, and address the various problems that continue to

challenge the country. India has continually sought to attract FDI from the worlds major investors.

In 1998 and 1999, the Indian national government announced a number of reforms designed to

encourage FDI and present a favorable scenario for investors. FDI investments are permitted through

financial collaborations, through private equity or preferential allotments, by way of capital markets

through Euro issues, and in joint ventures. FDI is not permitted in the arms, nuclear, railway, coal &

lignite or mining industries. A number of projects have been announced in areas such as electricity

generation, distribution and transmission, as well as the development of roads and highways, with

opportunities for foreign investors. The Indian national government also provided permission to FDIs to

provide up to 100% of the financing required for the construction of bridges and tunnels, but with a limit

on foreign equity of INR 1,500 crores, approximately $352.5m. Currently, FDI is allowed in financial

services, including the growing credit card business.

These services include the non-banking financial services sector. Foreign investors can buy up to

40% of the equity in private banks, although there is condition that stipulates that these banks must be

multilateral financial organizations. Up to 45% of the shares of companies in the global mobile personal

communication by satellite services (GMPCSS) sector can also be purchased. By 2004, India received

$5.3 billion in FDI, big growth compared to previous years, but less than 10% of the $60.6 billion that

flowed into China. Why does India, with a stable democracy and a smoother approval process, lag so far

behind China in FDI amounts? Although the Chinese approval process is complex, it includes both

national and regional approval in the same process. Federal democracy is perversely an impediment for

India. Local authorities are not part of the approvals process and have their own rights, and this often leadsto projects getting bogged down in red tape and bureaucracy. India actually receives less than half the FDI

that the federal government approves.


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7. Investment Risks in India

Sovereign Risk

India is an effervescent parliamentary democracy since its political freedom from British rule more

than 50 years ago. The country does not face any real threat of a serious revolutionary movement which

might lead to a collapse of state machinery. Sovereign risk in India is hence nil for both "foreign direct

investment" and "foreign portfolio investment." Many Industrial and Business houses have restrained

themselves from investing in the North-Eastern part of the country due to unstable conditions. Nonetheless

investing in these parts is lucrative due to the rich mineral reserves here and high level of literacy.

Kashmir on the northern tip is a militancy affected area and hence investment in the state of Kashmir are

restricted by law

Political Risk

India has enjoyed successive years of elected representative government at the Union as well asfederal level. India suffered political instability for a few years in the sense there was no single partywhich won clear majority and hence it led to the formation of coalition governments. However, politicalstability has firmly returned since the general elections in 1999, with strong and healthy coalitiongovernments emerging. Nonetheless, political instability did not change India's bright economic coursethough it delayed certain decisions relating to the economy. Economic liberalization which mostlyinterested foreign investors has been accepted as essential by all political parties including the CommunistParty of India Though there are bleak chances of political instability in the future, even if such a situationarises the economic policy of India would hardly be affected.. Being a strong democratic nation thechances of an army coup or foreign dictatorship are minimal. Hence, political risk in India is practicallyabsent.

Commercial Risk

Commercial risk exists in any business ventures of a country. Not each and every product orservice is profitably accepted in the market. Hence it is advisable to study the demand / supply conditionfor a particular product or service before making any major investment. In India one can avail the facilitiesof a large number of market research firms in exchange for a professional fee to study the state of demand/ supply for any product. As it is, entering the consumer market involves some kind of gamble and henceinvolves commercial risk

Risk Due To Terrorism

In the recent past, India has witnessed several terrorist attacks on its soil which could have anegative impact on investor confidence. Not only business environment and return on investment, but alsothe overall security conditions in a nation have an effect on FDI's. Though some of the financial expertsthink otherwise. They believe the negative impact of terrorist attacks would be a short term phenomenon.In the long run, it is the micro and macro-economic conditions of the Indian economy that would decidethe flow of foreign investment and in this regard India would continue to be a favorable investment

destination.


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8. FDI Policy in India

Foreign Direct Investment Policy

FDI policy is reviewed on an ongoing basis and measures for its further liberalization are taken.

Change in sectorial policy/sectorial equity cap is notified from time to time through Press Notes by the

Secretariat for Industrial Assistance (SIA) in the Department of Industrial Policy announcement by SIA

are subsequently notified by RBI under FEMA. All Press Notes are available at the website of Department

of Industrial Policy & Promotion. FDI Policy permits FDI up to 100 % from foreign/NRI investor without

prior approval in most of the sectors including the services sector under automatic route. FDI in

sectors/activities under automatic route does not require any prior approval either by the Government or

the RBI. The investors are required to notify the Regional office concerned of RBI of receipt of inward

remittances within 30 days of such receipt and will have to file the required documents with that office

within 30 days after issue of shares to foreign investors.

The Foreign direct investment scheme and strategy depends on the respective FDI norms and policies in

India. The FDI policy of India has imposed certain foreign direct investment regulations as per the FDI

theory of the Government of India . These include FDI limits in India for example:

o Foreign direct investment in India in infrastructure development projects excluding arms andammunitions, atomic energy sector, railways system , extraction of coal and lignite and mining

industry is allowed up to 100% equity participation with the capping amount as Rs. 1500 crores.

o FDI figures in equity contribution in the finance sector cannot exceed more than 40% in bankingservices including credit card operations and in insurance sector only in joint ventures with local

insurance companies.

o FDI limit of maximum 49% in telecom industry especially in the GSM services

Government Approvals for Foreign Companies Doing Business in India

Government Approvals for Foreign Companies Doing Business in India or Investment Routes for

Investing in India, Entry Strategies for Foreign Investors India's foreign trade policy has been

formulated with a view to invite and encourage FDI in India. The Reserve Bank of India has prescribed

the administrative and compliance aspects of FDI. A foreign company planning to set up business

operations in India has the following options:
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Investment under automatic route; and Investment through prior approval of Government.

Procedure under automatic route

FDI in sectors/activities to the extent permitted under automatic route does not require any prior approval

either by the Government or RBI. The investors are only required to notify the Regional office concerned of RBI

within 30 days of receipt of inward remittances and file the required documents with that office within 30 days of

issue of shares to foreign investors.

List of activities or items for which automatic route for foreign investment is not available, include the

following:

Banking NBFC's Activities in Financial Services Sector Civil Aviation Petroleum Including Exploration/Refinery/Marketing Housing & Real Estate Development Sector for Investment from Persons other

than NRIs/OCBs.

Venture Capital Fund and Venture Capital Company Investing Companies in Infrastructure & Service Sector Atomic Energy & Related Projects Defense and Strategic Industries Agriculture (Including Plantation) Print Media Broadcasting Postal Services

Procedure under Government approval

FDI in activities not covered under the automatic route, requires prior Government approval and

are considered by the Foreign Investment Promotion Board (FIPB). Approvals of composite proposals

involving foreign investment/foreign technical collaboration are also granted on the recommendations of

the FIPB. Application for all FDI cases, except Non-Resident Indian (NRI) investments and 100% Export


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Oriented Units (EOUs), should be submitted to the FIPB Unit, Department of Economic Affairs (DEA),

Ministry of Finance. Application for NRI and 100% EOU cases should be presented to SIA in Department

of Industrial Policy & Promotion.

Investment by way of Share Acquisition

A foreign investing company is entitled to acquire the shares of an Indian company without

obtaining any prior permission of the FIPB subject to prescribed parameters/ guidelines. If the acquisition

of shares directly or indirectly results in the acquisition of a company listed on the stock exchange, it

would require the approval of the Security Exchange Board of India.

New investment by an existing collaborator in India

A foreign investor with an existing venture or collaboration (technical and financial) with an

Indian partner in particular field proposes to invest in another area, such type of additional investment is

subject to a prior approval from the FIPB, wherein both the parties are required to participate to

demonstrate that the new venture does not prejudice the old one.

General Permission of RBI under FEMA

Indian companies having foreign investment approval through FIPB route do not require any

further clearance from RBI for receiving inward remittance and issue of shares to the foreign investors.

The companies are required to notify the concerned Regional office of the RBI of receipt of inward

remittances within 30 days of such receipt and within 30 days of issue of shares to the foreign investors or

NRIs.

Participation by International Financial Institutions

Equity participation by international financial institutions such as ADB, IFC, CDC, DEG, etc., in domestic

companies is permitted through automatic route, subject to SEBI/RBI regulations and sector specific cap

on FDI.


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FDI In Small Scale Sector (SSI) Units

A small-scale unit cannot have more than 24 per cent equity in its paid up capital from any

industrial undertaking, either foreign or domestic.

If the equity from another company (including foreign equity) exceeds 24 per cent, even if the investment

in plant and machinery in the unit does not exceed Rs 10 million, the unit loses its small-scale status and

shall require an industrial license to manufacture items reserved for small-scale sector. See also FDI in

Small Scale Sector in India Further Liberalized

About foreign direct investment In India

Is the process whereby residents of one country (the source country) acquire ownership of assets

for the purpose of controlling the production, distribution, and other activities of a firm in another country

(the host country). The international monetary funds balance of payment manual defines FDI as an

investment that is made to acquire a lasting interest in an enterprise operating in an economy other than

that of the investor. The investors purpose being to have an effective voice in the management of the

enterprise. The united nations 1999 world investment report defines FDI as an investment involving a

long term relationship and reflecting a lasting interest and control of a resident entity in one economy

(foreign direct investor or parent enterprise) in an enterprise resident in an economy other than that of the

foreign direct investor ( FDI enterprise, affiliate enterprise or foreign affiliate).

I. Foreign direct investment: Indian scenarioFDI is permitted as under the following forms of investments

Through financial collaborations.

Through joint ventures and technical collaborations.

Through capital markets via Euro issues.

Through private placements or preferential allotments.
http://madaan.com/sectors.html#SSIhttp://madaan.com/sectors.html#SSIhttp://madaan.com/sectors.html#SSIhttp://madaan.com/sectors.html#SSI


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9. Sector Specific Foreign Direct Investment in India

Hotel & Tourism: FDI in Hotel & Tourism sector in India

100% FDI is permissible in the sector on the automatic route,

The term hotels include restaurants, beach resorts, and other tourist complexes providing

accommodation and/or catering and food facilities to tourists. Tourism related industry include travel

agencies, tour operating agencies and tourist transport operating agencies, units providing facilities for

cultural, adventure and wild life experience to tourists, surface, air and water transport facilities to tourists,

leisure, entertainment, amusement, sports, and health units for tourists and Convention/Seminar units and

organizations.

For foreign technology agreements, automatic approval is granted if

i. up to 3% of the capital cost of the project is proposed to be paid for technical and consultancyservices including fees for architects, design, supervision, etc.

ii. up to 3% of net turnover is payable for franchising and marketing/publicity support fee, and up to10% of gross operating profit is payable for management fee, including incentive fee.


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10. Private Sector Banking:

Non-Banking Financial Companies (NBFC)

49% FDI is allowed from all sources on the automatic route subject to guidelines issued from RBI from

time to time.

a. FDI/NRI/OCB investments allowed in the following 19 NBFC activities shall be as per levelsindicated below:

i. Merchant bankingii. Underwriting

iii. Portfolio Management Servicesiv. Investment Advisory Servicesv. Financial Consultancy

vi. Stock Brokingvii. Asset Management

viii. Venture Capitalix. Custodial Servicesx. Factoring

xi.

Credit Reference Agenciesxii. Credit rating Agencies

xiii. Leasing & Financexiv. Housing Financexv. Foreign Exchange Brokering

xvi. Credit card businessxvii. Money changing Business

xviii. Micro Creditxix. Rural Credit


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b. Minimum Capitalization Norms for fund based NBFCs:i) For FDI up to 51% - US$ 0.5 million to be brought upfront

ii) For FDI above 51% and up to 75% - US $ 5 million to be brought upfront

iii) For FDI above 75% and up to 100% - US $ 50 million out of which US $ 7.5 million to be

brought up front and the balance in 24 months

c. Minimum capitalization norms for non-fund based activities:Minimum capitalization norm of US $ 0.5 million is applicable in respect of all permitted non-fund based

NBFCs with foreign investment.

d. Foreign investors can set up 100% operating subsidiaries without the condition to disinvest a

minimum of 25% of its equity to Indian entities, subject to bringing in US$ 50 million as at b) (iii) above

(without any restriction on number of operating subsidiaries without bringing in additional capital)

e. Joint Venture operating NBFC's that have 75% or less than 75% foreign investment will also be

allowed to set up subsidiaries for undertaking other NBFC activities, subject to the subsidiaries also

complying with the applicable minimum capital inflow i.e. (b)(i) and (b)(ii) above.

f. FDI in the NBFC sector is put on automatic route subject to compliance with guidelines of the

Reserve Bank of India. RBI would issue appropriate guidelines in this regard.

Insurance Sector: FDI in Insurance sector in India

FDI up to 26% in the Insurance sector is allowed on the automatic route subject to obtaining license from

Insurance Regulatory & Development Authority (IRDA)


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Telecommunication:

FDI in Telecommunication sector

i. In basic, cellular, value added services and global mobile personal communications by satellite,FDI is limited to 49% subject to licensing and security requirements and adherence by the

companies (who are investing and the companies in which investment is being made) to the

license conditions for foreign equity cap and lock- in period for transfer and addition of equity and

other license provisions.

ii. ISPs with gateways, radio-paging and end-to-end bandwidth, FDI is permitted up to 74% withFDI, beyond 49% requiring Government approval. These services would be subject to licensing

and security requirements.

iii. No equity cap is applicable to manufacturing activities.iv. FDI up to 100% is allowed for the following activities in the telecom sector :

a. ISPs not providing gateways (both for satellite and submarine cables);b. Infrastructure Providers providing dark fiber (IP Category 1);c. Electronic Mail; andd. Voice Mail

The above would be subject to the following conditions:

e. FDI up to 100% is allowed subject to the condition that such companies would divest 26%of their equity in favor of Indian public in 5 years, if these companies are listed in other

parts of the world.

f. The above services would be subject to licensing and security requirements, whereverrequired.

Proposals for FDI beyond 49% shall be considered by FIPB on case to case basis.


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Trading:

FDI in Trading Companies in India

Trading is permitted under automatic route with FDI up to 51% provided it is primarily export activities,

and the undertaking is an export house/trading house/super trading house/star trading house. However,

under the FIPB route:-

i. 100% FDI is permitted in case of trading companies for the following activities: exports; bulk imports with ex-port/ex-bonded warehouse sales; cash and carry wholesale trading; other import of goods or services provided at least 75% is for procurement and sale of goods and

services among the companies of the same group and not for third party use or onward

transfer/distribution/sales.

ii. The following kinds of trading are also permitted, subject to provisions of EXIM Policy:

a. Companies for providing after sales services (that is not trading per se)b. Domestic trading of products of JVs is permitted at the wholesale level for such trading companies

who wish to market manufactured products on behalf of their joint ventures in which they have

equity participation in India.

c. Trading of hi-tech items/items requiring specialized after sales serviced. Trading of items for social sectore. Trading of hi-tech, medical and diagnostic items.f. Trading of items sourced from the small scale sector under which, based on technology provided

and laid down quality specifications, a company can market that item under its brand name.

g. Domestic sourcing of products for exports.h. Test marketing of such items for which a company has approval for manufacture provided such

test marketing facility will be for a period of two years, and investment in setting up manufacturing

facilities commences simultaneously with test marketing


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FDI up to 100% permitted for e-commerce activities subject to the condition that such companies

would divest 26% of their equity in favor of the Indian public in five years, if these companies are listed in

other parts of the world. Such companies would engage only in business to business (B2B) e-commerce

and not in retail trading.

Power:

FDI In Power Sector in India

Up to 100% FDI allowed in respect of projects relating to electricity generation, transmission and

distribution, other than atomic reactor power plants. There is no limit on the project cost and quantum of

foreign direct investment.

Drugs & Pharmaceuticals

FDI up to 100% is permitted on the automatic route for manufacture of drugs and pharmaceutical,

provided the activity does not attract compulsory licensing or involve use of recombinant DNA

technology, and specific cell / tissue targeted formulations.

FDI proposals for the manufacture of licensable drugs and pharmaceuticals and bulk drugs

produced by recombinant DNA technology, and specific cell / tissue targeted formulations will require

prior Government approval.

Roads, Highways, Ports and Harbors

FDI up to 100% under automatic route is permitted in projects for construction and maintenance of

roads, highways, vehicular bridges, toll roads, vehicular tunnels, ports and harbors.

Pollution Control and Management

FDI up to 100% in both manufacture of pollution control equipment and consultancy for

integration of pollution control systems is permitted on the automatic route.

Call Centers in India / Call Centres in India

FDI up to 100% is allowed subject to certain conditions.


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Business Process Outsourcing BPO in India

FDI up to 100% is allowed subject to certain conditions.

Special Facilities and Rules for NRI's and OCB's

NRI's and OCB's are allowed the following special facilities:

1. Direct investment in industry, trade, infrastructure etc.2. Up to 100% equity with full repatriation facility for capital and dividends in the following

sectors

i. 34 High Priority Industry Groupsii. Export Trading Companies

iii. Hotels and Tourism-related Projectsiv. Hospitals, Diagnostic Centersv. Shipping

vi. Deep Sea Fishingvii. Oil Exploration

viii. Powerix. Housing and Real Estate Developmentx. Highways, Bridges and Ports

xi. Sick Industrial Unitsxii. Industries Requiring Compulsory Licensing

3. Up to 40% Equity with full repatriation: New Issues of Existing Companies raising Capitalthrough Public Issue up to 40% of the new Capital Issue.

4. On non-repatriation basis: Up to 100% Equity in any Proprietary or Partnership engaged inIndustrial, Commercial or Trading Activity.

5. Portfolio Investment on repatriation basis: Up to 1% of the Paid up Value of the equity Capital orConvertible Debentures of the Company by each NRI. Investment in Government Securities, Unitsof UTI, National Plan/Saving Certificates.

6. On Non-Repatriation Basis: Acquisition of shares of an Indian Company, through a General BodyResolution, up to 24% of the Paid Up Value of the Company.

7. Other Facilities: Income Tax is at a Flat Rate of 20% on Income arising from Shares or Debenturesof an Indian


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11. India Further Opens up Key Sectors for Foreign Investment

India has liberalized foreign investment regulations in key sectors, opening up commodity

exchanges, credit information services and aircraft maintenance operations. The foreign investment limit

in Public Sector Units (PSU) refineries has been raised from 26% to 49%.

An additional sweetener is that the mandatory disinvestment clause within five years has been

done away with. FDI in Civil aviation up to 74% will now be allowed through the automatic route for

non-scheduled and cargo airlines, as also for ground handling activities. 100% FDI in aircraft maintenance

and repair operations has also been allowed.

But the big one, allowing foreign airlines to pick up a stake in domestic carriers has been given a

miss again. India has decided to allow 26% FDI and 23% FII investments in commodity exchanges,

subject to the proviso that no single entity will hold more than 5% of the stake.

Sectors like credit information companies, industrial parks and construction and development

projects have also been opened up to more foreign investment. Also keeping India's civilian nuclear

ambitions in mind, India has also allowed 100% FDI in mining of titanium, a mineral which is abundant in

India.

Sources say the government wants to send out a signal that it is not done with reforms yet. At the

same time, critics say contentious issues like FDI and multi-brand retail are out of the policy radar becauseof political compulsions.


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Sector-wise FDI Inflows ( From April 2000 to January 2010)

SECTORAMOUNTOFFDI

INFLOWS PERCENT OF TOTAL FDIINFLOWS (In terms of Rs)

In Rs MillionIn US$

Million

Services Sector 787420.81 18118.40 22.39

Computer Software &hardware

391109.74 8876.43 11.12

Telecommunications 275441.38 6215.55 7.83

Construction Activities 213595.12 5029.01 6.07

Automobile 146799.41 3310.23 4.17

Housing & Real estate 217936.02 5118.85 6.20Power 137089.37 3129.66 3.90

Chemicals (Other thanFertilizers)

87008.07 1964.06 2.47

Ports 63290.50 1551.88 1.80

Metallurgical industries 109563.20 2612.85 3.11

Electrical Equipments 57379.63 1324.92 1.63

Cement & GypsumProducts

70781.19 1621.03 2.01

Petroleum & NaturalGas

94417.17 2244.17 2.68

Trading 62416.85 1480.94 1.77

Consultancy Services 48647.43 1112.92 1.38

Hotel and Tourism 52500.05 1217.50 1.49

Food ProcessingIndustries

34362.49 760.32 0.98

Electronics 33914.75 748.57 0.96

Misc. Mechanical &Engineering industries

28310.13 648.86 0.80


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Information &Broadcasting (Incl. Printmedia)

52115.90 1194.20 1.48

Mining 21204.94 522.86 0.60

Textiles (Incl. Dyed,

Printed)

26736.94 611.03 0.76

Sea Transport 17653.81 402.59 0.50

Hospital & DiagnosticCenters

27241.42 644.73 0.77

Fermentation Industries 27743.46 658.04 0.79

Machine Tools 10955.32 247.88 0.31

Air Transport ( Incl. air

freight)

10552.19 240.71 0.30

Ceramics 17462.43 409.92 0.50

Rubber Goods 11392.76 247.60 0.32

Agriculture Services 7937.13 188.39 0.23

Industrial Machinery 13748.27 316.97 0.39

Paper & Pulp 18612.76 429.06 0.53

Diamond & Gold

Ornaments11014.62 248.15 0.31

Agricultural Machinery 6649.12 148.37 0.19

Earth MovingMachinery

5749.34 134.22 0.16

Commercial, Office &Household Equipments

5798.71 132.74 0.16

Glass 5683.60 126.51 0.16

Printing of Books (Incl.Litho printing industry) 6066.23 135.80 0.17

Soaps, Cosmetics andToilet Preparations

4984.88 114.54 0.14

Medical & SurgicalAppliances

8087.87 177.42 0.23


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Education 14374.11 309.09 0.41

Fertilizers 4282.17 96.59 0.12

Photographic raw Film& Paper

2580.20 63.90 0.07

Railway related

components 3281.85 75.11 0.09

Vegetable oils andVanaspati

3769.18 83.69 0.11

Sugar 1836.64 41.58 0.05

Tea & Coffee 3774.81 84.28 0.11

Leather, Leather goods& Piackers

1621.56 36.74 0.05

Non-conventionalenergy

3640.58 86.84 0.10

Industrial instruments 1368.36 29.47 0.04

Scientific instruments 511.44 11.64 0.01

Glue and Gelatine 385.80 8.44 0.01

Boilers & steamgenerating plants

238.67 5.40 0.01

Dye-Stuffs 406.48 9.52 0.01Retail Trading (Single

brand)1074.67 25.18 0.03

Coal Production 614.10 15.42 0.02

Coir 50.17 1.12 0.00

Timber products 139.59 3.10 0.00

Prime Mover (Other than

electrical generators

178.30 3.72 0.01

Defence Industries 6.87 0.15 0.00

Mathematical, Surveying& drawing instruments

50.35 1.27 0.00

Misc. industries 180561.54 4162.55 5.19


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Forbidden Territories:

Arms and ammunition Atomic Energy Coal and lignite Rail Transport Mining of metals like iron, manganese, chrome, gypsum, sulfur, gold, diamonds, copper, zinc.

Foreign Investment through GDRs (Euro Issues)

Indian companies are allowed to raise equity capital in the international market through the issue

of Global Depository Receipt (GDRs). GDR investments are treated as FDI and are designated in dollars

and are not subject to any ceilings on investment. An applicant company seeking Government's approval

in this regard should have consistent track record for good performance (financial or otherwise) for a

minimum period of 3 years. This condition would be relaxed for infrastructure projects such as power

generation, telecommunication, petroleum exploration and refining, ports, airports and roads.

Sub Total 3517310.79 81010.63 100.00

Stock Swapped (from

2002 to 2008)145466.35 3391.07 -

Advance of Inflows(from 2000 to 2004) 89622.22 1962.82 -

RBI's NRI Schemes 5330.60 121.33 -

Grand Total 3757729.96 86395.85 -

Sector wise FDI inflows

SOURCE: DIPP, Federal Ministry of Commerce and Industry, Government of

India


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1. Clearance from FIPB

There is no restriction on the number of Euro-issue to be floated by a company or a group of

companies in the financial year. A company engaged in the manufacture of items covered under Annex-III

of the New Industrial Policy whose direct foreign investment after a proposed Euro issue is likely to

exceed 51% or which is implementing a project not contained in Annex-III, would need to obtain prior

FIPB clearance before seeking final approval from Ministry of Finance.

2. 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.

Foreign direct investments in India are approved through two

routes

1. Automatic approval by RBI

The Reserve Bank of India accords automatic approval within a period of two weeks (subject to

compliance of norms) to all proposals and permits foreign equity up to 24%; 50%; 51%; 74% and 100% is

allowed depending on the category of industries and the sectoral caps applicable. 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.

2. The FIPB Route Processing of non-automatic approval cases

FIPB stands for Foreign Investment Promotion Board which approves all other cases where the

parameters of automatic approval are not met. Normal processing time is 4 to 6 weeks. Its approach is

liberal for all sectors and all types of proposals, and rejections are few. It is not necessary for foreign

investors to have a local partner, even when the foreign investor wishes to hold less than the entire equity

of the company. The portion of the equity not proposed to be held by the foreign investor can be offered to

the public.


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iii. Analysis of sector specific policy for FDISr. No. Sector/Activity FDI cap/Equity Entry/Route

1. Hotel & Tourism 100% Automatic

2. NBFC 49% Automatic

3. Insurance 26% Automatic

4. Telecommunication:

cellular, value added services

ISPs with gateways, radio-

paging

Electronic Mail & Voice Mail

49%

74%

100%

Automatic

Above 49% need Govt. licence

5. Trading companies:

primarily export activities

bulk imports, cash and carry

wholesale trading

51%

100%

Automatic

Automatic

6. Power(other than atomic reactor

power plants) 100% Automatic

7. Drugs & Pharmaceuticals 100% Automatic

8. Roads, Highways, Ports and

Harbors

100% Automatic

9. Pollution Control and

Management

100% Automatic

10 Call Centers 100% Automatic

11. BPO 100% Automatic

12. For NRI 's and OCB's:

i. 34 High Priority IndustryGroups

ii. Export TradingCompanies

iii. Hotels and Tourism-related Projects

100% Automatic


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iv. Hospitals, DiagnosticCenters

v. Shippingvi. Deep Sea Fishing

vii. Oil Explorationviii. Power

ix. Housing and Real EstateDevelopment

x. Highways, Bridges andPorts

xi. Sick Industrial Unitsxii. Industries Requiring

Compulsory Licensing

xiii. Industries Reserved forSmall Scale Sector

13. Airports:

Greenfield projects

Existing projects

100%

100%

Automatic

Beyond 74% FIPB

14 Assets reconstruction company 49% FIPB

15. Cigars and cigarettes 100% FIPB

16. Courier services 100% FIPB

17. Investing companies in

infrastructure (other than

telecom sector)

49% FIPB


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iv. Analysis of FDI inflow in IndiaFrom April 2000 to August 2009-10

(Amount US$ in Millions)

Sr.No. Financial Year Total FDI Inflows % Growth Over Previous Year

1. 2000-01 4,029 ----

2. 2001-02 6,130 (+) 52

3. 2002-03 5,035 (-) 18

4. 2003-04 4,322 (-) 14

5. 2004-05 6,051 (+) 40

6. 2005-06 8,961 (+) 48

7. 2006-07 22,826 (+) 146

8. 2007-08 34,362 (+) 51

9. 2008-09 35,168 (+) 02

10. 2009-10 16,232 ----

4,0296,130 5,035 4,322

6,051

8,961

22,826

34,362 35,168

16,232

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

40,000

TOTAL FDI INFLOWS IN INDIA

TOTAL FDI INFLOWS


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v. Analysis of share of top ten investing countries FDI equity in flowsFrom April 2000 to January 2010

(Amount in Millions)

Sr. No Country Amount of FDI Inflows % As To

Total FDI

Inflow

1. Mauritius 19,18,633.61 44.01

2. Singapore 3,80,142.56 8.72

3. U.S.A. 3,32,935.60 7.64

4. U.K. 2,40,974.98 5.53

5. Netherlands 1,78,047.76 4.08

6. Japan 1,50,129.05 3.44

7. Cyprus 1,32,448.04 3.04

8. Germany 1,12,242.06 2.57

9. France 61,686.39 1.42

10. U.A.E. 50,915.59 1.17


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Mauritius

Mauritius invested Rs.19,18,633 million in India Up to the January 2010, equal to 44.01 percent of

total FDI inflows. Many companies based outside of India utilize Mauritian holding companies to take

advantage of the India- Mauritius Double Taxation Avoidance Agreement (DTAA). The DTAA allows

foreign firms to bypass Indian capital gains taxes, and may allow some India-based firms to avoid paying

certain taxes through a process known as round tripping.

The extent of round tripping by Indian companies through Mauritius is unknown. However, the

Indian government is concerned enough about this problem to have asked the government of Mauritius to

set up a joint monitoring mechanism to study these investment flows. The potential loss of tax revenue is

of particular concern to the Indian government. These are the sectors which attracting more FDI from

Mauritius Electrical equipment Gypsum and cement products Telecommunications Services sector that

includes both non- financial and financial Fuels.

Singapore

Singapore continues to be the single largest investor in India amongst the Singapore with FDI

inflows into Rs. 3,80,142 crores up to January 2010

Sector-wise distribution of FDI inflows received from Singapore the highest inflows have been in the

services sector (financial and non-financial), which accounts for about 30% of FDI inflows from

Singapore. Petroleum and natural gas occupies the second place followed by computer software and

hardware, mining and construction.

U.S.A.

The United States is the third largest source of FDI in India (7.64 % of the total), valued at 732335

crore in cumulative inflows up to January 2010. According to the Indian government, the top sectors

attracting FDI from the United States to India are fuel, telecommunications, electrical equipment, food

processing, and services. According to the available M&A data, the two top sectors attracting FDI inflows

from the United States are computer systems design and programming and manufacturing


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U.K.

The United Kingdom is the fourth largest source of FDI in India (5.53 % of the total), valued at 2,

40,974 crores in cumulative inflows up to January 2010

Over 17 UK companies under the aegis of the Nuclear Industry Association of UK have tied up with Ficci

to identify joint venture and FDI possibilities in the civil nuclear energy sector.

UK companies and policy makers the focus sectors for joint ventures, partnerships, and trade are non-

conventional energy, IT, precision engineering, medical equipment, infrastructure equipment, and creative

industries.

Netherlands

FDI from Netherlands to India has increased at a very fast pace over the last few years.

Netherlands ranks fifth among all the countries that make investments in India. The total flow of FDI from

Netherlands to India came to Rs. 1, 78,047 crores between 1991 and 2002. The total percentage of FDI

from Netherlands to India stood at 4.08% out of the total foreign direct investment in the country up to

August 2009.

Following Various industries attracting FDI from Netherlands to India are:

Food processing industries Telecommunications that includes services of cellular mobile, basic telephone, and radio paging Horticulture Electrical equipment that includes computer software and electronics Service sector that includes non- financial and financial services


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vi. Analysis of sectors attracting highest FDI equity inflowsFrom April 2000 to March 2010

(Amount in Millions)

Sr. No Country Amount of FDI

Inflows

% As To

Total FDI

Inflow

1. Service Sector

(Financial & Non-Financial)

9,65,210.77 22.14

2. Computer Software & Hardware 4,13,419.03 9.48

3. Telecommunication 3,68,899.62 8.46

4. Housing & Real Estate 3,25,021.36 7.46

5. Construction Activities 2,65,492.96 6.09

6. Automobile Industry 1,90,172.22 4.367. Power 1,79,849.92 4.13

8. Metallurgical Industries 1,25,785.57 2.89

9. Petroleum & Natural Gas 1,11,957.00 2.57

10. Chemical 1,01,680.18 2.33

The sectors receiving the largest shares of total FDI inflows up to arch 2010 were the service

sector and computer software and hardware sector, each accounting for 22.14 and 9.48 percent

respectively. These were followed by the telecommunications, real estate, construction and automobile

sectors. The top sectors attracting FDI into India via M&A activity were manufacturing; information; and

professional, scientific, and technical services. These sectors correspond closely with the sectors

identified by the Indian government as attracting the largest shares of FDI inflows overall.

The ASSOCHAM has revealed that FDI in Chemicals sector (other than fertilizers) registered

maximum growth of 227 per cent during April 2008 March 2009 as compared to 11.71 per cent during

the last fiscal. The sector attracted USD 749 million FDI in FY 09 as compared to USD 229 million in

FY 08.


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During the year 2009 government had raised the FDI limit in telecom sector from 49 per cent to 74

per, which has contributed to the robust growth of FDI. The telecom sector registered a growth of 103 per

cent during fiscal 2008-09 as compared to previous fiscal. The sector attracted USD 2558 million FDI in

FY 09 as compared to the USD 1261 million in FY 08, acquired 9.37 per cent share in total FDI inflow.

India automobile sector has been able to record 70 per cent growth in foreign investment. The FDI inflow

in automobile sector has increased from USD 675 million to 1,152 million in FY 09 over FY 08. The

other sectors which registered growth in highest FDI inflow during April March 2009 were housing &

real estate (28.55 per cent), computer software & hardware (18.94 per cent), construction activities

including road & highways (16.35 per cent) and power (1.86 per cent).


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12. Foreign Investment Promotion Board

The FIPB (Foreign Investment Promotion Board) is a government body that offers a single

window clearance for proposals on foreign direct investment in the country that are not allowed access

through the automatic route. Consisting of Senior Secretaries drawn from different ministries with

Secretary ,Economic Affairs in the chair, this high powered body discusses and examines proposals for

foreign investment in the country for restricted sectors ( as laid out in the Press notes and extant foreign

investment policy) on a regular basis. Currently proposals for investment beyond 600 crores require the

concurrence of the CCEA (Cabinet Committee on Economic Affairs). The threshold limit is likely to be

raised to 1200 crore soon. The Board thus plays an important role in the administration and

implementation of the Governments FDI policy. In circumstances where there is ambiguity or a conflict

of interpretation, the FIPB has stepped in to provide solutions. Through its fast track working it has

established its reputation as a body that does not unreasonably delay and is objective in its decision

making. It therefore has a strong record of actively encouraging the flow of FDI into the country. The

FIPB is assisted in this task by a FIPB Secretariat. The launch of e- filing facility is an important initiative

of the Secretariat to further the cause of enhanced accessibility and transparency .

Low Income Countries in Global FDI Race

The situation of foreign direct investment has been relatively good in the recent times with an

increase of 38%. Normally, the foreign direct investment is made mostly into the extractive industries.

However, now the foreign direct investors are also looking to pump money into the manufacturing

industry that has garnered 47% of the total foreign direct investment made in 1992. However, the situation

has not been the same in the countries with a middle income range.

The middle income countries have not received a steady inflow of foreign direct income coming

their way. The situation is comparatively better in the low income countries. They have had an

uninterrupted and continually increasing flow of foreign direct investment. It has been observed that the

various debt crises, as well as, other forms of economic crises have had less effect on these countries.

These countries had lesser amounts of commercial bank obligations, which again had been caused

by the absence of proper financial markets, as well as the fact that their economies were not open to

foreign direct investment. During the later phases of the decade of 70s the Asian countries started

encouraging foreign direct investments in their economies. China has received the most of the foreign

direct investment that was pumped into the countries with low income. It accounted for as much as 86% of
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the total foreign direct investment made in the lower income countries in with low income. It accounted

for as much as 86% of the total foreign direct investment made in the lower income countries in 1995.

The economic liberalization in China started in 1979. This led to an increase in the foreign direct

investment in China. In the years between 1982 and 1991 the average foreign direct investment in China

was US$ 2.5 billion. This average increased by seven times to become US$ 37.5 billion during 1995. A

significant amount of the foreign direct investment in China was provided in the industrial sector.

It was as much as 68%. Around 20% of the foreign direct investment of China was made in the

real estate sector. During the same period Nigeria had been the second best in terms of receiving foreign

direct investment. In the recent times India has risen to be the third major foreign direct investment

destination in the recent years. Foreign direct investment started in India in 1991 with the initiation of the

economic liberation.

There were more initiatives that enabled India to garner foreign direct investments worth US$ 2.9

billion from 1991 to 1995. This was a significant increase from the previous twenty years when the total

foreign direct investment in India was US$1 billion. Most of the foreign direct investment made in India

has been in the infrastructural areas like telecommunications and power. In the manufacturing industry the

emphasis has been on petroleum refining, vehicles and petrochemicals Vietnam is a low income country,

which is supposed to have the same potential as China to generate foreign direct investment.

The foreign direct investment laws were introduced in Vietnam in 1987-88. This led to an increase

in the foreign direct investment made in the country. The amount stood at US$ 25 million in 1993compared to US$ 8 million in 1993. This amount increased by 3 times after the USA removed its

economic sanctions in 1994. The gas and petroleum industries were the biggest beneficiaries of the

foreign direct investment. Bangladesh started receiving increasing foreign direct investment after 1991,

when the economic reforms took place in the country.

After 1991 it was possible for foreign companies to set up companies in Bangladesh without taking

permission beforehand. The foreign direct investment rose from US$ 11 million in 1994 to US$ 125

million in 1995. As per the available statistics the manufacturing industry, comprising of clothing and

textiles took up 20% of the total approved foreign direct investment. Food processing, chemicals and

electric machinery were also important in this regard. The increase in the foreign direct investment inGhana was remarkable as well. The figures increased from US$11.7 million, on an average, from 1986 to

1992 to US$ 201 million, on an average, from 1993 to 1995. This improvement was brought about by the

privatization of the Ashanti Goldfields.
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13. FOREIGN INSTITUTIONAL INVESTMENT

I. Introduction to FIISince 1990-91, the Government of India embarked on liberalization and economic reforms with a

view of bringing about rapid and substantial economic growth and move towards globalization of the

economy. As a part of the reforms process, the Government under its New Industrial Policy revamped its

foreign investment policy recognizing the growing importance of foreign direct investment as an

instrument of technology transfer, augmentation of foreign exchange reserves and globalization of the

Indian economy. Simultaneously, the Government, for the first time, permitted portfolio investments from

abroad by foreign institutional investors in the Indian capital market. The entry of FIIs seems to be a

follow up of the recommendation of the Narsimhan Committee Report on Financial System. While

recommending their entry, the Committee, however did not elaborate on the objectives of the suggested

policy. The committee only suggested that the capital market should be gradually opened up to foreign

portfolio investments.

From September 14, 1992 with suitable restrictions, FIIs were permitted to invest in all the

securities traded on the primary and secondary markets, including shares, debentures and warrants issued

by companies which were listed or were to be listed on the Stock Exchanges in India. While presenting the

Budget for 1992-93, the then Finance Minister Dr. Manmohan Singh had announced a proposal to allow

reputed foreign investors, such as Pension Funds etc., to invest in Indian capital market.

II. Market design in India for foreign institutional investorsForeign Institutional Investors means an institution established or incorporated outside India which

proposes to make investment in India in securities. A Working Group for Streamlining of the Procedures

relating to FIIs, constituted in April, 2003, inter alia, recommended streamlining of SEBI registration

procedure, and suggested that dual approval process of SEBI and RBI be changed to a single approval

process of SEBI. This recommendation was implemented in December 2003.

Currently, entities eligible to invest under the FII route are as follows:

i) As FII: Overseas pension funds, mutual funds, investment trust, asset management company,nominee company, bank, institutional portfolio manager, university funds, endowments,

foundations, charitable trusts, charitable societies, a trustee or power of attorney holder


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incorporated or established outside India proposing to make proprietary investments or with no

single investor holding more than 10 per cent of the shares or units of the fund.

ii) As Sub-accounts: The sub account is generally the underlying fund on whose behalf the FIIinvests. The following entities are eligible to be registered as sub-accounts, viz. partnership

firms, private company, public company, pension fund, investment trust, and individuals.

FIIs registered with SEBI fall under the following categories:

a) Regular FIIs- those who are required to invest not less than 70 % of their investment in equity-related

instruments and 30 % in non-equity instruments.

b) 100 % debt-fund FIIs- those who are permitted to invest only in debt instruments.

The Government guidelines for FII of 1992 allowed, inter-alia, entities such as asset management

companies, nominee companies and incorporated/institutional portfolio managers or their power of

attorney holders (providing discretionary and non-discretionary portfolio management services) to be

registered as FIIs. While the guidelines did not have a specific provision regarding clients, in the

application form the details of clients on whose behalf investments were being made were sought.

While granting registration to the FII, permission was also granted for making investments in the names of

such clients. Asset management companies/portfolio managers are basically in the business of managing

funds and investing them on behalf of their funds/clients. Hence, the intention of the guidelines was to

allow these categories of investors to invest funds in India on behalf of their 'clients'. These 'clients' later

came to be known as sub-accounts. The broad strategy consisted of having a wide variety of clients,

including individuals, intermediated through institutional investors, who would be registered as FIIs in

India. FIIs are eligible to purchase shares and convertible debentures issued by Indian companies under

the Portfolio Investment Scheme.

iii. Prohibitions on Investments:FIIs are not permitted to invest in equity issued by an Asset Reconstruction Company. They are also not

allowed to invest in any company which is engaged or proposes to engage in the following activities:

1) Business of chit fund

2) Nidhi Company

3) Agricultural or plantation activities


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4) Real estate business or construction of farm houses (real estate business does not include development

of townships, construction of residential/commercial premises, roads or bridges).

5) Trading in Transferable Development Rights (TDRs).

iv. Trends of Foreign Institutional Investments in India.Portfolio investments in India include investments in American Depository Receipts (ADRs)/ Global

Depository Receipts (GDRs), Foreign Institutional Investments and investments in offshore funds. Before

1992, only Non-Resident Indians (NRIs) and Overseas Corporate Bodies were allowed to undertake

portfolio investments in India. Thereafter, the Indian stock markets were opened up for direct participation

by FIIs. They were allowed to invest in all the securities traded on the primary and the secondary market

including the equity and other securities/instruments of companies listed/to be listed on stock exchanges in

India. It can be observed from the table below that India is one of the preferred investment destinations forFIIs over the years. As of March 2009, there were 1609 FIIs registered with SEBI.

SEBI Registered FIIs in India

Year End of March

1992-93 0

1993-94 3

1994-95 156

1995-96 3531996-97 439

1997-98 496

1998-99 450

1999-00 506

2000-01 527

2001-02 490

2002-03 502

2003-04 540

2004-05 685

2005-06 8822006-07 996

2007-08 1279

2008-09 1609

2009-10 1805


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v. FII trend in India

Year Gross

Purchases

(a) (Rs. crore)

Gross Sales (b)

(Rs.crore)

Net

Investment (a-

b)

(Rs. crore)

% increase in

FII inflow

1992-93 17 4 13 -

1993-94 5593 466 5127 39338.46

1994-95 7631 2835 4796 -6.45

1995-96 9694 2752 6942 44.75

1996-97 15554 6979 8575 23.52

1997-98 18695 12737 5958 -30.52

1998-99 16115 17699 1584 126.59

1999-00 56856 46734 10122 739.02

2000-01 74051 64116 9935 -1.85

2001-02 49920 41165 8755 -11.88

2002-03 47061 44373 2688 69.30

2003-04 144858 99094 45764 1602.53

2004-05 16953 171072 45881 0.262005-06 346978 305512 41466 -9.62

2006-07 520508 489667 30841 -25.62

2007-08 896686 844504 52182 69.20

2008-09 548876 594608 -45732 187.64

2009-10 - - - -

2010 data was not available


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There may be many other factors on which a stock index may depend i.e. Government policies,

budgets, bullion market, inflation, economic and political condition of the country, FDI, Re./Dollar

exchange rate etc. But for my study I have selected only one independent variable i.e. FII and dependent

variable is indices of nifty.

vi. Co relation with IndicesIndices Co-relation with FII

Sensex 0.80

Bankex 0.18

Power 0.33

IT 0.13

Capital Goods 0.44

From the above table we can say that FII has a positive impact on all the indices which means thatif FIIs come in India then it is goods for the Indian economy. FIIs have more co-relation with Sensex so

we can say that they are mostly invest in big and reputed companies which are included in Sensex.

Power and Capital Goods sector have more co-relation with FII investment which shows more interest of

FIIs in those sectors.

-200000

0

200000

400000

600000

800000

1000000FII INFLOW

GrossPurchases(a)(Rs.crore)

GrossSales (b)

(Rs.crore)

NetInvestment(a-b)(Rs.crore)


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14. Difference between FDI and FIIFDI v/s FII

Both FDI and FII are related to investment in a foreign country. FDI or Foreign Direct Investment

is an investment that a parent company makes in a foreign country. On the contrary, FII or Foreign

Institutional Investor is an investment made by an investor in the markets of a foreign nation.In FII, the

companies only need to get registered in the stock exchange to make investments. But FDI is quite

different from it as they invest in a foreign nation. The Foreign Institutional Investor is also known as hot

money as the investors have the liberty to sell it and take it back. But in Foreign Direct Investment, this is

not possible. In simple words, FII can enter the stock market easily and also withdraw from it easily. But

FDI cannot enter and exit that easily. This difference is what makes nations to choose FDIs more than

then FIIs.

FDI is more preferred to the FII as they are considered to be the most beneficial kind of foreign

investment for the whole economy. specific enterprise. It aims to increase the enterprises capacity or

productivity or change its management control. In an FDI, the capital inflow is translated into additional

production. The FII investment flows only into the secondary market. It helps in increasing capital

availability in general rather than enhancing the capital of a specific enterprise.The Foreign Direct

Investment is considered to be more stable than Foreign Institutional Investor. FDI not only brings in

capital but also helps in good governance practices and better management skills and even technology

transfer. Though the Foreign Institutional Investor helps in promoting good governance and improving

accounting, it does not come out with any other benefits of the FDI. While the FDI flows into the primary

market, the FII flows into secondary market. While FIIs are short-term investments, the FDIs are long

edit project on fdi in india

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