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Cross Border Investment Lawyer in Delhi

Expert legal assistance for FDI, ODI, and cross-border transactions under FEMA

100+
Cross Border Deals
₹5,000Cr+
Transaction Value
40+
Countries
15+
Years Experience

🌍 FEMA (Foreign Exchange Management Act) governs all cross-border investments in India | FDI limits liberalized in 2026: insurance (100%), defence (74% automatic), space (100%), and single-brand retail (100% automatic).

Cross Border Investment Legal Services

FDI, ODI, and FEMA compliance for international transactions

Cross-border investments include Foreign Direct Investment (FDI) into India and Overseas Direct Investment (ODI) by Indian entities. Our lawyers provide end-to-end advisory on FEMA compliance, RBI approvals, transaction structuring, and regulatory filings.

Types of Cross Border Investment

🇮🇳

Foreign Direct Investment (FDI)

Investment by non-resident entities into Indian companies. Routes: Automatic or Government approval.

🌍

Overseas Direct Investment (ODI)

Investment by Indian entities into foreign companies. Governed by RBI's ODI Master Direction.

FDI Investment Routes Comparison

Government Route Prohibited Sectors
RouteProcessExamples
Automatic RouteNo prior approval; file with RBI within 30 daysIT, manufacturing, services (up to 100%)

FDI Limits by Sector (As amended May 2026)

🏭 Insurance: 100% automatic
🛡️ Defence: 74% automatic, 100% government
🚀 Space: 100% automatic
🛍️ Single Brand Retail: 100% automatic
📡 Telecom: 100% automatic
✈️ Civil Aviation: 100% automatic
📺 Media (News): 26% government
💊 Pharmaceuticals: 100% automatic (greenfield), 74% brownfield

Overseas Direct Investment (ODI) Process

1

Board Resolution

Approval for ODI

2

Form ODI

Submit to AD Bank

3

RBI Approval

If required

4

Remittance

Funds transfer

5

Annual Returns

Form ODI-Part II

Key Regulations Governing Cross Border Investment

📋 FEMA, 1999
📋 FDI Policy (DIPAM)
📋 ODI Master Direction
📋 Companies Act, 2013
📋 Press Notes (DPIIT)
📋 Foreign Trade Policy

Documents Required

Share Subscription Agreement (SSA)
Shareholders Agreement (SHA)
Valuation certificate (FEMA)
Foreign investor KYC
Board resolution & FC-GPR
Foreign Inward Remittance Certificate (FIRC)

Frequently Asked Questions

What is the difference between FDI and FPI?

FDI is long-term investment with management control (>10% ownership); FPI is portfolio investment (<10% ownership).

What is the automatic route for FDI?

No prior RBI/government approval required; only post-factum reporting to RBI within 30 days.

Who needs government approval for FDI?

Sectors with government route or exceeding automatic route limits need approval from concerned ministry.

What is FC-GPR form?

Form filed with RBI within 30 days of issue of shares to foreign investors.

Can an Indian company invest overseas?

Yes, under ODI scheme of RBI, subject to compliance with Master Direction.

What are cross border investment fees?

Based on transaction complexity. Free consultation available.

Planning Cross Border Investment?

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