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Service Details
Overseas Direct Investment (ODI)
Home / Overseas Direct Investment
Facilitating Global Expansion Through Overseas Direct Investment (ODI)
At Startup Solicitors, we empower Indian businesses to expand their horizons through strategic Overseas Direct Investment (ODI). Our expert team provides comprehensive legal and advisory services to navigate the FEMA regulations governing investments by Indian parties in foreign entities. We ensure your global ventures are structured efficiently, are fully compliant, and poised for international success.
From setting up a Joint Venture (JV) or a Wholly Owned Subsidiary (WOS) abroad to managing ongoing compliance, we guide you through every stage. Our services simplify the complexities of ODI regulations, including obtaining the Unique Identification Number (UIN), filing Form ODI, and meeting annual reporting requirements.
Our ODI Services Portfolio
1
ODI Structuring & Advisory
We help you structure your overseas investment for optimal legal and financial outcomes.
- Advising on the choice between a Joint Venture (JV) or Wholly Owned Subsidiary (WOS)
- Guidance on permissible funding sources for ODI
- Structuring for compliance with RBI's financial commitment limits
- International tax planning and advisory
Key Insight: A robust structure is the foundation for a successful and compliant global business presence.
2
Form ODI Filing & UIN Generation
We manage the entire process of reporting your overseas investment to the RBI through your AD Bank.
- Preparation and filing of Form ODI Part I for each new investment
- Obtaining the Unique Identification Number (UIN) from the RBI
- Coordination with the AD Bank for submission and certification
- Ensuring accuracy of all financial details and supporting documents
Guarantee: Timely and accurate filing to ensure your investment is correctly registered with the RBI.
3
Post-Investment Compliance
Our services extend beyond the initial investment to cover all ongoing reporting and compliance obligations.
- Filing of the Annual Performance Report (APR) in Form ODI Part II
- Reporting any changes in the JV/WOS (diversification, etc.)
- Compliance for disinvestment or restructuring of the foreign entity
- Advisory on repatriation of dividends and other dues
Benefit: We manage your ongoing compliance, allowing you to focus on managing your international business.
4
ODI via Approval Route
We provide specialized assistance for ODI proposals that require prior approval from the Reserve Bank of India.
- Cases exceeding the prescribed financial commitment limit
- Investments in the financial services sector
- Structuring applications to justify the strategic importance
- Representation and liaison with the RBI for securing approval
Our Strength: We have the expertise to build a strong case for complex ODI proposals requiring RBI clearance.
5
Due Diligence on Foreign Entity
We assist in conducting legal and financial due diligence on the target foreign entity to safeguard your investment.
- Coordination with international law firms
- Review of the foreign entity's legal standing and compliance
- Assessment of financial health and potential risks
- Providing a comprehensive report to support your investment decision
Value: Mitigate risks and make informed decisions when acquiring or partnering with an overseas business.
Why Choose Us for Your Overseas Investments?
Global Perspective
We understand the nuances of both Indian regulations and international business environments.
End-to-End ODI Management
From the initial idea to annual compliance, we provide a single point of contact for all ODI matters.
Compliance Focused
Our primary goal is to ensure your overseas expansion is built on a rock-solid foundation of compliance.
Strategic Business Advice
We go beyond legal filings to provide advice that supports your strategic business objectives.
Efficient & Timely
We manage processes efficiently to ensure your global expansion plans are not delayed.
Experienced Team
Our team has a proven track record of successfully handling ODI transactions for diverse industries.
Frequently Asked Questions (FAQs)
1. What is the limit for Overseas Direct Investment under the automatic route?
The total financial commitment of an Indian Party in all its JVs/WOSs abroad is capped at 400% of its net worth as per the last audited balance sheet. For investments beyond this limit, prior approval from the RBI is required.
2. What is Form ODI and when should it be filed?
Form ODI has two parts. Part I is filed at the time of making the initial investment (or subsequent investment). Part II is the Annual Performance Report (APR) which must be filed by December 31st each year for all overseas JVs/WOSs.
3. Can an individual in India make an overseas direct investment?
Yes, resident individuals can make overseas direct investments in the equity shares and compulsorily convertible preference shares of a JV or WOS outside India. However, this is subject to the overall ceiling under the Liberalised Remittance Scheme (LRS).
4. What is a Unique Identification Number (UIN) in ODI?
The RBI assigns a Unique Identification Number (UIN) for each Joint Venture or Wholly Owned Subsidiary abroad. This UIN must be quoted in all future communications and reporting to the RBI regarding that specific JV/WOS.
🌍 Go Global with Confidence. We'll Handle the Compliance.
Expanding your business overseas is a major step. Partner with Startup Solicitors to ensure your international journey is built on a solid legal and compliant footing, freeing you to focus on capturing global market opportunities.
- Ensure full compliance with FEMA and RBI ODI regulations
- Structure your international entities for maximum benefit
- Avoid penalties from incorrect or delayed reporting
- Gain a strategic partner for your global growth
Contact us today for a consultation on your overseas investment plans and let us help you take your Indian business to the world.
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