Downstream Investment query

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Dear learned members,

Please give your view on reckoning Downstream Investment (DI) from the following scenario under FEMA NDI Rules, 2019.

A Ltd is a JV company having shareholding as follows:

B Ltd (Indian Company) : 50.07 % 

C Ltd (Foreign Company): 49.93% treated as FDI under FEMA and complied with FEMA.

Now A Ltd has made investment in D Ltd (Indian Company) for 100% shares.

As it is clear that since A Ltd is having foreign investment less than 50% held by C Ltd, then D Ltd would not be considered as having any indirect foreign investment through A Ltd.

Now my query is  B Ltd (Indian Company) is a 100% subsidiary of E Ltd (Foreign Company). Considering this scenario, whether investment by A Ltd in D Ltd will be considered as DI or not?

Replies (1)

Let me simplify this:

Parent- > subsidiary-> associate-> JV-> Investment.

here a invested in many companies

A-B relationship= not subsidiary as you need 51% shares

A-D relationship= Subsidiary as A has 100% control 


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