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What is Overseas Direct Investment under the automatic route?
Overseas Direct Investment under the automatic route allows eligible Indian companies and resident individuals to invest abroad without prior RBI approval, provided the investment meets all FEMA and RBI guidelines.
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What is the ODI approval route?
The ODI approval route applies when the proposed investment does not qualify under the automatic route, requiring a formal application to RBI with supporting documents through an AD Bank.
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Who can make ODI under the automatic route?
Indian companies, LLPs, registered partnership firms, and resident individuals can invest under the automatic route if they satisfy net worth, sectoral, and compliance conditions.
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What forms are required for ODI filing?
ODI filing includes Form ODI Part I, II, III, share certificate reporting, and submission of the Annual Performance Report (APR) to track investment performance.
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What is APR in ODI compliance?
APR stands for Annual Performance Report, which must be filed yearly by Indian investors to report financial and operational details of their foreign entity.
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Is RBI approval required for all ODI cases?
No, RBI approval is needed only when the investment does not fall under the automatic route, such as investments in restricted sectors or exceeding financial limits.
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Can individuals make ODI?
Yes, resident individuals can make ODI under the Liberalised Remittance Scheme if they meet RBI’s conditions and provide required KYC documentation.
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What is the financial limit for ODI?
Indian entities can invest up to 400 percent of their net worth under the automatic route as per the latest FEMA ODI regulations.
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What sectors are restricted for ODI?
Real estate, gambling, and financial products such as margin trading are prohibited sectors for ODI under RBI regulations.
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How long does the ODI filing process take?
Automatic route filings typically take 5 to 10 working days, whereas approval route filings may take several weeks depending on RBI review.
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What is Form ODI Part I?
Form ODI Part I captures initial investment details such as transaction structure, funding source, foreign entity information, and valuation documents.
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When must the APR be filed?
APR must be filed by December 31 every financial year to report the performance of the foreign entity owned by the Indian investor.
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What if APR is not filed?
Failure to file APR may block future ODI, delay compliance, or attract penalties under FEMA regulations.
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Do I need valuation for ODI?
Yes, valuation is mandatory for certain ODI transactions, especially for acquisition or transfer of shares in foreign companies.
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How is ODI funded?
ODI can be funded through export proceeds, ECBs, market purchases, balances in EEFC accounts, or outward remittance.
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Can ODI be made in a newly formed company abroad?
Yes, Indian investors can set up a wholly owned subsidiary or joint venture abroad, subject to automatic route conditions.
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Is reporting required after sending funds abroad?
Yes, reporting is mandatory through Form ODI and APR to track investment, share allotment, and financial performance.
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Can an LLP make ODI?
Yes, registered LLPs can invest abroad under automatic or approval route depending on compliance with RBI conditions.
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Are penalties applicable for late ODI filing?
Yes, non-compliance may attract compounding fees under FEMA, depending on the nature and duration of the delay.
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How does Ebizfiling help with ODI compliance?
Ebizfiling assists with eligibility checks, documentation, Form ODI submissions, APR filings, AD Bank coordination, and RBI approvals to ensure smooth compliance.