Enumerate the circumstances and the forms of business as mentioned in the Foreign Exchange Management Act, 1999, in which a person resident outside…

CA Intermediate · Corporate and Other Laws · PYQS · September 2025
Enumerate the circumstances and the forms of business as mentioned in the Foreign Exchange Management Act, 1999, in which a person resident outside India is absolutely prohibited from making any investments in India.

Suggested Answer and Working Notes:

As per the Foreign Exchange Management (Permissible Capital Account Transactions) Rules, 2000, a person resident outside India is prohibited from making investments in India in any form, in any company, or partnership firm or proprietary concern or any entity whether incorporated or not which is engaged or proposes to engage: (i) In the business of chit fund; Registrar of Chits or an officer authorised by the State Government in this behalf, may, in consultation with the State Government concerned, permit any chit fund to accept subscription from Non-resident Indians. Non- resident Indians shall be eligible to subscribe, through banking channel and on non-repatriation basis, to such chit funds, without limit subject to the conditions stipulated by the Reserve Bank of India from time to time. (ii) As Nidhi company; (iii) In agricultural or plantation activities; (iv) In real estate business, or construction of farm houses, or Explanation: In "real estate business" the term shall not include development of townships, construction of residential/commercial premises, roads or bridges and Real Estate Investment Trusts (REITs) registered and regulated under the SEBI (REITs) Regulations 2014. (v) In trading in Transferable Development Rights (TDRs). 'Transferable Development Rights' means certificates issued in respect of category of land acquired for public purpose either by Central or State Government in consideration of surrender of land by the owner without monetary compensation, which are transferable in part or whole.

Topics: The Foreign Exchange Management Act, 1999

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