The foreign direct investment in India is largely viewed as a mark of economic growth. When the government releases the number of investments, it tries to showcase its achievements and the well-being of the people of this country. According to the prominent economists, the government must consider plenty of things before considering the number of investments as its success. However, India is emerging as one of the fastest growing economies with a very high acceleration rate. Apart from this, the country also ranks significantly high when it comes to the ease of doing business in this country. The possible success can be attributed to the efforts of the Indian government to improve the scope of investments and also change the legislations for creating a better business environment.

The following points highlight some of the latest changes in legislations of foreign investment in India.

SBRT or Single Brand Retail Trading

According to the regulations, the government has permitted hundred percent FDI in India in SBRT through the automatica route without the prior approval of the government. It eases the process of regulation for the international and the Indian brands to capitalize on the growing retail industry in this country, which has also grown bigger with time. While the previous policy did not allow investment beyond 49% according to the automatic route, anything beyond that required the companies to apply for the approval of the government although the scenario has undergone a major change.

Furthermore, the local sourcing requirements of thirty percent has also been relaxed for a period of five years and the foreign retailing companies are going to make the most of the credit for the incremental increase in the local sourcing for the international operations. However, after completing the term of five years, the Indian operations of the Single Brand Retail Trading needs to meet the thirty percent norm of sourcing every year.

Issuing shares and investment

As far as the issue of shares is concerned for the non-cash aspects such as importing the machinery and the expenses before incorporation, they are allowed under the automatic route for different sectors. This provides the foreign companies a higher level of flexibility in the arrangement of the foreign companies with the investors for which the companies interested in foreign direct investment require to get government approval. Whether for the pre-operative or the pre-incorporation expenses, the companies could issue shares only when the permission is received from the government.

Apart from this, foreign investment in the Indian holding companies of up to hundred percent also required prior approval of the Indian government before although the situation has changed now. According to the new legislation, the activities concerned is going to be regulated by the factors in the financial sector and enable hundred percent foreign investment in Indian company through the automatic route.

Real estate broking and civil aviation

From the perspective of the privatization of the national air carrier, the foreign airlines can invest up to 49% in this carrier with the approval route and need to ensure that the total amount of foreign investment in this airline must never exceed 49%. However, the major control and the ownership shall remain with the Indian national carrier. According to the latest regulation, the real estate broking service is free from real estate business and hundred percent FDI is permitted in this sector without prior approval of the government, which has provided the much needed push to the international real estate broking companies for foreign investment in India and also enable them to set up new subsidiaries in India.

Restrictions for the audit firms

In cases where the foreign investment company nominates an audit firm with a global network to act for the Indian company, the audit of that company is to be carried out jointly in which one of the auditing members is not going to belong to the same network. The restrictions for the audit firms is likely to create better opportunities for the Indian audit firms as the international network of firms may not go into the option of joint audit with the rival of the global firm in India.

The primary reason to make the legislations more flexible is to encourage more FDI. With the simplification of the regulatory and the legal system, the government intends to create a friendly opportunity for the foreign companies interested to do business in India.

Author's Bio: 

Amy Jones is a versatile legal expert and working in Ahlawat & Associates. Top law firms in India where you can discuss with experts about your legal problems.