Invest abroad under the ODI route
Setting up or acquiring a foreign company is governed by the FEMA (Overseas Investment) Rules and Regulations, 2022. We structure the investment, prepare Form ODI Part I for your AD bank and run the annual reporting that follows.
What is included
- Eligibility check under the OI Rules and Regulations, 2022
- Financial commitment limit check (up to 400% of net worth)
- Structuring advice, including the two-layer limit for subsidiaries
- Board resolution and documentation
- Form ODI Part I preparation and filing through the AD bank
- Coordination for valuation in acquisition cases
- Unique Identification Number (UIN) follow-up
What is not included
- Valuation report fees
- Foreign company incorporation abroad and overseas legal fees
- Annual Performance Report filing (offered as a yearly service)
Who needs this
Indian companies, LLPs and partnership firms setting up subsidiaries or joint ventures abroad, acquiring a foreign business or making overseas portfolio investment. Resident individuals investing abroad follow LRS rules within the same framework.
Documents required
- Latest audited financial statements for net worth computation
- Board resolution approving the investment
- Details of the foreign entity: business, shareholding and structure
- Valuation report for acquisitions of existing foreign entities
- KYC and PAN of the Indian entity
- Declaration that the entity is not under investigation by any agency
How it works
We review eligibility, limits and structure
Form ODI Part I and supporting documents are submitted to your AD bank
The bank reports to RBI, allots a UIN and the funds are remitted
Timeline
10 to 20 working days. Government processing times are outside our control; we track and follow up on every application.
If you skip it
What this service creates next
Completing this is the start of a recurring set of obligations. Under an AdvisoNet plan these are tracked in your Compliance Passport and handled before they fall due.
- Annual Performance Report by 31 December every year
- Form ODI Part III within 30 days of disinvestment or restructuring
- FLA annual return by 15 July
- Form OPI half-yearly for overseas portfolio investment
See AdvisoNet plans from ₹1,499 per month
Frequently asked questions
Do I need RBI approval?
Most investments fall under the automatic route and are processed by your AD bank. Some cases, such as investments beyond prescribed limits, still need prior approval.
What is the APR?
The Annual Performance Report is filed through the AD bank by 31 December each year, based on the foreign entity’s audited accounts for the previous year.
Can a foreign entity invest back into India?
Round-tripping is restricted. Structures with more than two layers of subsidiaries or a route back into India need careful review.
Fees shown are AdvisoNet professional fees exclusive of GST and government charges. Content is general information, not legal advice; applicability depends on facts and current law.