As per World Bank estimates, India
was already the fourth largest economy in 2001 in terms
of Purchasing Power Parity. Indian companies are making
their mark globally with remarkable progress being made
in IT, ITES, Pharmaceuticals, Biotechnology and a host of
other sectors. With these companies coming to stock market
to fun the expansion and diversification plans, Its almost
certain that these companies would give its investors one
of the best return any one would have ever though of.
We at HK Securities are poised to become one of India's
leading stock broking house serving the growing needs to
NRI Customers.
The following documents would be required to open an NRI
account:
Apart from these you can provide any combination of the
following documents as proof of identity, address, signature
and bank proof as well.
Restrictions: As per applicable laws, NRI customers can
trade only in delivery based transactions
1. |
Who is a Non_Resident Indian
(NRI)? Non_Resident Indian fall under following
categories:
Indian citizens who stay abroad for employment or
for carrying on vocation or for any other purpose
in circumstances
indicating an in of stay outside India.
Indian citizens working abroad on assignments with
foreign Governments/government agencies or International/Regional
Agencies like UNO,IMF,World Bank,etc.
Officials of the Central and State Governments and
Public Sector Undertakings deputed abroad on temporary
assignments or posted to their offices (including
Indian Diplomatic missions) abroad.
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2. |
What are the Investment opportunities available
to Non_Resident Indians? Two types of Investment
opportunities are available to non - resident Indians.Investment
with Repatriation Benefits.Investment
under Non_Repatriation basis.
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3. |
Is it necessary for me to get direct permission
from Reserve bank to invest in Indian Company shares?
No, the Reserve Bank has granted permission to the
authorized Dealer bank to purchase such shares/Debentures
on behalf of NRIs/OCBs.
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4. |
How does a Dealer Bank obtain permission from
RBI on the behalf of NRI? You are requested
to fill in any one of the prescribed forms NRC/NRI/RPC/RPI
by the Dealer bank. This form is submitted to RBI
,who further grants permission.
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5. |
I am a NRI , what are the steps I need to
follow to start investing in Indian stock markets?
1)Open a bank account with RBI approved dealing bank
branch.
2)Open a Demat account & a Stock Broking account
with H. K. Securities
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6. |
Can NRI's invest in companies in India?
NRIs are permitted to make direct investments in
proprietary/partnership concerns in India as also
in shares/debentures of Indian companies. They are
also permitted to make portfolio investments i.e.
purchase of shares/debentures of Indian companies
through stock exchanges in India. These facilities
are granted both on repatriation and non repatriation
basis.
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7. |
Is permission of Reserve Bank required for
NRIs to invest in proprietary/partnership concerns on
non- repatriation basis? No. Reserve Bank
has granted general permission to non- resident individuals
of Indian nationality/origin to invest by way of capital
contribution in any proprietary or partnership concern
in India on non- repatriation basis provided the invest
concern is not engaged in any agricultural/plantation
activity or real estate business. This facility is,
however, not available to OCBs.
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8. |
Is permission of Reserve Bank required for
making investments in new issues of Indian companies
on non- repatriation basis? No. Indian companies
have been granted general permission to accept investments
on non-repatriation basis, in shares/convertible debentures
by way of new/rights/bonus issue provided the invested
company is not engaged in agricultural /plantation
activity or real estate business(excluding real estate
development i.e. development of property and construction
of houses). or chit fund or is not a Nidhi company.
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9. |
Are any formalities required to be completed
by NRIs for getting the benefit of the above general
permission? No. However, the firms/companies
concerned are required to file declarations with Reserve
Bank in form DIN giving particulars of the investments
made. within ninety days from the date of the investment.
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10. |
Can NRI individuals make investments in domestic
public/private sector Mutual Funds or Money Market Mutual
Funds floated by commercial banks and public/private
sector financial institution on non/repatriation basis?
Yes.
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11. |
Can Overseas Corporate Bodies make similar
investments in mutual funds on non-repatriation basis?
OCBs can make such investments only in domestic public/
private sector Mutual Funds. They can also make investments
in Money Market Mutual Funds.
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12. |
Can NRIs make investments in non-convertible
debentures of Indian companies? Yes. Applications
for necessary permission should be made to Reserve
Bank (Central Office) by the concerned Indian Company
in form ISD
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13. |
Can NRIs purchase existing shares/debentures
of Indian companies by private arrangement?
Yes. Reserve Bank permits NRIs , on application in
form FNC 7, to purchase shares/debentures of existing
Indian companies on non-repatriation basis. An undertaking
about non-repatriation is to be given in form NRU.
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14. |
Is it necessary for a resident, holding securities
in Indian companies, to secure any approval from Reserve
Bank on his becoming a non-resident for holding such
securities? No. Reserve Bank has granted
general permission to companies in India to enter
the overseas addresses of the shareholders in their
books in such cases provided the companies obtain
undertakings from the holders that they will not seek
repatriation of any income or sale proceeds of the
security.
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15. |
Is income/interest earned on investments/deposits
held in India by NRIs on non-repatriation basis allowed
to be repatriated? Yes. Income/interest
accruing during the financial year 1994-95 and onwards
on bank deposits and investments held by NRIs with
non-repatriation benefits will be eligible for repatriation
as under:
Up to U.S. $ 1,000 or its equivalent in full and
one-third of the balance income earned during the
financial year 1994-95;
Up to U.S. $ 1,000 or its equivalent in full and
two third of the balance income earned during the
financial year 1995-96;
The entire income earned during the financial year
1996-97 and onwards.
The entire income earned during the financial year
1996-97 and onwards.
Note : The investment/principal amount of deposits
made/held on non-repatriation basis will, however,
not be allowed to be repatriated abroad.
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16. |
What is the procedure to be followed for seeking
repatriation in such cases? NRIs should
designate a branch of an authorised dealer through
whom the remittance of income is to be made and make
an application in form RCI to the designated branch
giving details of incomes earned during the previous
financial year along with a Chartered Accountant's
Certificate. The designated branch will allow the
remittance of net amount (i.e. after payment of tax)
or credit it to NRE/FCNR account of the applicant.
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17. |
What are the schemes available to NRIs for
direct investments in India with repatriation benefits?
NRIs can make investments in new issues of shares/convertible
debentures of Indian companies under direct investment
schemes such as 24% scheme/40% scheme/100% scheme.
They can also invest in the schemes of domestic Mutual
Funds floated by public/private sector institutions/companies
and bonds issued by public sector undertakings, Non-resident
investors are not required to apply for permission
to invest but the company concerned will have to obtain
permission from Reserve Bank.
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18. |
What is 24% Scheme? Under the
24% scheme, Indian companies engaged or proposing
to engage in any activity including finance, hire
purchase, leasing, trading or other services, establishment
of schools/colleges. etc.(except agricultural/plantation
activities) are allowed by Reserve Bank to issue shares/debentures
to NRIs with repatriation benefits to the extent of
24% of the new issue.
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19. |
What is 40% Scheme? Under the
40% Scheme, Indian companies engaged or proposing
to engage in the following activities are allowed
by Reserve Bank to issue shares/debentures to NRIs
with repatriation benefits to the extent of 40% of
the new issue.
Industrial and Manufacturing units
Hotels with 3, 4 or 5 star category
Hospitals and diagnostic centres
Shipping companies
Development of computer software
Oil exploration services
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20. |
Is remittance of interest/dividend to NRI
investors freely allowed under the 24% /40% Scheme?
Yes. There is no ceiling or restriction on the amount
of remittable dividend. Remittance of interest/dividend
to NRI investors will be allowed by authorised dealers
under the posers delegated to them.
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21. |
What are the specified industries under the
100% Scheme? Under 100% Scheme, NRIs are
permitted to invest in high priority industries listed
in Annexure III to the Statement on Industrial Policy
dated 24th July 1991 of the Government of India up
to 100% of the new issue.
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22. |
Is dividend/interest earned in respect of
investment made under the 100% Scheme freely remittable
to the NRIs abroad? Dividend/interest can
be remitted freely except in the case of consumer
goods industries where the outflow on account of dividend
is required to be balanced by export earnings of the
company either in the year of declaration of dividend
or in the years prior to the declaration of dividend,
This requirement is enforced for a period of seven
years from the commencement of commercial production.
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23. |
How does an NRI obtain permission of Reserve
Bank for investment under the 24% or 40% or 100% scheme?
The NRI investor need not apply to Reserve Bank.
Application for necessary permission under the schemes
should be made by the Indian company/firm to the Central
Office of Reserve Bank in Mumbai in form ISD/ISD(R).
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24. |
Besides the 24%, 40% and 100% Schemes is there
any other scheme for investment by NRIs in the equity
of Indian companies? Yes. NRIs are permitted
to undertake revival of sick industrial units by making
bulk investment in them to the extent of 100 per cent
either by way of purchase of existing equity shares
or in the form of subscription to new equity issues.
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25. |
Can NRIs make investments in companies engaged
in real estate development in India? Yes.
Investment upto 100% in the new issue of equity shares/convertible
debentures of Indian companies engaged in the followed
areas is allowed-
i) Development of serviced plots and construction
of built up residential premises;
ii) Real estate covering construction of residential
and commercial premises including business centres
and offices;
iii) Development of township;
iv) City and region level urban infrastructure facilities
including roads and bridges;
v) Manufacture of building material;
vi) Financing of housing development.
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26. |
What is the procedure for obtaining Reserve
Bank permission in this regard? Applications
for the purpose should be made by the concerned Indian
company to the Central Office of Reserve Bank in Mumbai
in form ISD(R).
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27. |
Will repatriation of the original investment
and/or dividend income be freely permitted?
Yes. Repatriation of original investment will be
permitted after a lock-in period of three years from
the date of issue of the equity shares/convertible
debentures. In addition, OCBs will be permitted to
repatriate net profit (upto 16 per cent) arising from
the sale of such investment after the lick-in period
of three year. Annual dividend/interest on equity
shares/debentures can, however, be freely remitted
subject to payment of tax.
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28. |
Can NRIs invest in non-convertible debentures
on repatriation basis? Yes. Applications
for necessary permission should be made to Reserve
Bank (Central Office) by the concerned Indian company
in form ISD.
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29. |
What is the procedure to be followed for making
investment in the schemes of domestic Mutual Funds or
public sector bonds with repatriation benefits?
The concerned Fund/Public Sector Undertaking should
obtain necessary permission from Reserve Bank for
issue of units/bonds to NRIs. Applications for the
purpose are required to be made to the Central Office
of Reserve Bank in form ISD(R).
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30. |
Can NRIs invest in 100% Export Oriented Units
on repatriation basis? Yes. NRIs will be
permitted to invest up to 100% in 100% Export Oriented
Units subject to obtaining approval from the Government
of India ,Ministry of Industries (SIA) for setting
up the EOU. In the case of units located in Export
Processing Zones, approval from the Development Commissioner
of the concerned zone is required to be obtained.
Thereafter an application should be made to the concerned
regional office of Reserve Bank in form ISD alongwith
copy of Government approval for necessary clearance
under FERA 1973.
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31. |
Can NRIs acquire shares disinvested by Government
of India in Public Sector Enterprises (PSEs) by inviting
sealed tenders? Yes. Reserve Bank has granted
general permission to NRIs to acquire shares of PSEs
on their bids being successful provided the holding
of a single NRI investor does not exceed one per cent
of the paid up capital of the PSE concerned , the
purchase consideration /bid money is paid by way of
remittance from abroad or by debit to his NRE/FCNR
accounts.
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32. |
What is the procedure for issue of rights
entitlement to NRIs? The concerned company
should approach Reserve Bank for issue of rights entitlement
to NRIs in the prescribed form if on repatriation
basis. However, rights entitlement on non-repatriation
basis would be covered by the general permission (Please
see Answer to Question No. 52 and 53).
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33. |
What is the procedure required to be followed
by NRIs for renunciation of rights entitlement?
NRIs can make an application to Reserve Bank by a
letter detailing therein the folio number of the shares
held and the manner in which the rights are being
sold.
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34. |
What is the procedure for issue of bonus shares?
The concerned Indian company should approach Reserve
Bank for issue of bonus shares to NRIs if the original
investment is on repatriation basis. Issue of bonus
shares in respect of investment on non-repatriation
basis is covered by general permission (Please also
see Answer to Question No. 52).
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35. |
Can NRIs obtain loans abroad against the collateral
of share/debentures of Indian companies? Yes.
Authorised dealer have been permitted to grant loans/overdrafts
abroad to NRIs through their overseas branches and
correspondents against collateral of the shares/debentures
of Indian companies held by them, provided the concerned
shares/debentures were acquired on repatriation basis.
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36. |
Can sale proceeds of the shares/debentures
be remitted abroad for liquidation of outstanding against
such loans/overdrafts? Yes, subject to payment
of Income tax, Capital Gains tax etc. payable, if
any.
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37. |
What is the Portfolio Investment Scheme?
Under this scheme, NRIs are permitted to acquire
shares /debentures of Indian companies or units of
domestic Mutual Funds through the stock exchange/s
in India.
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38. |
What is the procedure for making applications?
The application is to be submitted to Reserve Bank
through a designated branch of a bank in India in
one of the prescribed forms, i.e. NRC/NRI/RPC/RPI.
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39. |
What is a designated branch? Reserve
Bank has authorised a few branches of each bank to
conduct the business under Portfolio Investment Scheme
on behalf of NRIs . These branches are the main branches
of major commercial banks located close to the stock
exchange/s. NRIs will have to route their applications
through any of the designated bank branches who have
authorisation from Reserve Bank.
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40. |
Whether NRI can apply through more than one
designated branch? No. Each NRI has to select
one branch for this purpose for investment on repatriation/
non-repatriation basis.
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41. |
Is it necessary to maintain a bank account
with the designated branch through whom the application
is made? It is advisable to maintain a bank
account with the designated branch for administrative
convenience.
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42. |
What is the validity period of Reserve Bank
approval for the purchase of shares/debentures of Indian
companies or units of domestic Mutual Funds?
Reserve Bank approval is valid for a period of five
years from the date of issue. This can be renewed
further by making a request by means of a simple letter.
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43. |
Is there any ceiling on the investment under
the Portfolio Investment Scheme? There is
an overall ceiling of 5% of paid- up equity share
capital of the company/paid-up value of each series
of convertible debentures for purchase by NRIs /OCBs.
The overall ceiling can be raised to 30% if the company
concerned passes a special resolution to that effect
in its general body meeting and a board resolution.
Individually, NRIs/OCBs can make investment upto 1%
of the paid-up equity share capital/each series of
convertible debentures. However, there is no ceiling
on investment in domestic Mutual Funds.
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44. |
Can NRIs keep deposits with companies in
India with repatriation benefits? Yes. NRIs
are permitted to keep deposits with public limited
companies in India for a minimum period of three years
subject to certain ceilings/conditions. Application
for the purpose is required to be made by the company
receiving the deposits through an authorised dealer.
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45. |
Do NRIs need permission of reserve Bank for
placing funds in fixed deposits with firms/companies
on non- repatriation basis? Yes. Permission
for placement of funds in fixed deposits with firms/companies
in India is granted by Reserve Bank on application
by the depositor or the deposit accepting firm/company,
on non-repatriation basis, subject to certain ceilings/conditions.
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46. |
Is permission of Reserve Bank required for
sale/transfer of Government securities/units?
No. Authorised dealers have been permitted to undertake
sale of Government securities/units on behalf of NRIs
without prior approval of Reserve Bank. Sale/maturity
proceeds can be remitted abroad if the original investment
was made out of funds remitted from abroad or funds
in NRE/FCNR accounts. Otherwise, they will have to
be credited to NRO account of the holder.
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47. |
Is permission of Reserve Bank required by
NRIs for sale/transfer of shares/debentures of Indian
companies to other NRIs? No. Transfer of
shares/debentures of Indian companies by NRIs to other
non-residents does not require permission of Reserve
Bank. However, the transferee NRI would need permission
for purchase of such shares for which an application
is required to be made to Reserve Bank in form FNC
7.
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48. |
Can NRIs transfer/sell their shares/ debentures/bonds
held on non-repatriation basis to residents freely?
Yes. General exemption has been granted by Reserve
Bank for transfer/sale of shares/debentures/bonds
by NRIs/OCBs through stock exchanges if such transfers
are made in favour of an Indian citizen or a person
of Indian origin or a company incorporated in India
and sale proceeds thereof are credited to NRO account.
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49. |
What is the procedure for sale/transfer of
shares/debentures/bonds held by NRIs with repatriation
benefits? In the case of shares /debentures
/bonds acquired by NRIs through stock exchanges under
the Portfolio Investment Scheme, general exemption
has been granted for transfer through stock exchanges
provided the sale is arranged through the same designated
branch through whom they were purchased. In other
cases, applications for necessary permission is required
to be made to Reserve Bank in form TS 4.
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50. |
What is the procedure to be followed by NRIs
for sale/transfer of shares /debentures to residents
by private arrangements? NRIs are required
to submit application in form TS 1 to Reserve Bank
for sale of shares/debentures by private arrangements.
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51. |
Can shares/debentures be given away as gifts
to relatives? Yes. Reserve Bank has granted
general permission to NRIs to transfer, by way of
gift, shares, bonds and debentures of Indian companies
held by them with Reserve Bank's permission to their
resident close relative/s.
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52. |
What are the types of Rupee accounts permitted
to be maintained by NRIs? a)Non_resident
(External) Rupee Accounts [NRE accounts]
b)Non_Resident Rupee Accounts [NRO accounts
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53. |
What is NRO account? When a resident
becomes nonresident, his existing bank accounts are
treated as NRO accounts. If such resident do not have
any account in India then NRO account can only be
opened by inverd foreign remittances only.
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54. |
What are the restrictions for credit and
debit transactions in NRO account? Reserve
Bank has directed that only undernoted credit and
debit transactions may be allowed in the accounts
by authorised dealers:
CREDITS:
Proceeds of remittances received in any permitted
currency from abroad through normal banking channels
or any permitted currency tendered by the accountholder
during his temporary visit to India or transfers from
rupee accounts of non_resident banks.
Legitimate dues in rupees of the account holder in
India.
Sale proceeds of investments done with the general
or specific permission of Reserve Bank.
DEBITS:
All local payments in rupees. The operations do not
allow, interalia, making available foreign exchange
to any person resident in India against reimbursement
in rupees or in any other manner in India.
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55. |
Can funds be remitted outside India from
NRO accounts? No, Funds lying in the NRO
account cannot be remitted. However , Reserve Bank
has allowed to remit the interest earned on the balances
in NRO account which represents original foreign inward
remittances.
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56. |
What is a NRE account? NRE account
is a convertible foreign currency account designated
in rupees.
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57. |
Who can open a NRE account? Any
non_resident Indian holding Indian Passport or foreign
Passport and OCB can open and maintain NRE account.
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58. |
Can foreign currency be credited in NRE account
in person by NRI during his temporary visit to India?
Yes, Only foreign currency notes up to US$5000 can
be credited in the NRE account. However if the sum
exceeds US$ 5000 then NRI has to produce the Currency
declaration form.
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59. |
Which credits are not permissible in NRE
account? Reserve Bank has directed that
following credits should not be allowed in NRE accounts:
Funds remitted from abroad in fulfillment of an undertaking
given by the account holder.
Foreign currency notes/bank notes and travelers cheques
tendered by the power of attorney or any person other
than the account holder.
Rupee proceeds of foreign currencies/bank notes or
travelers cheques tendered to a bank other than the
one maintaining NRE account or to a money changer
on the strength of encashment certificate issued by
them.
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60. |
Which are the eligible debits to NRE account?
Reserve bank has directed that authorised dealers
or other bankers may allow under_noted debit transactions
in NRE accounts.
Local disbursements.
Remittances abroad.
Transfer to NRE/FCNR accounts of the same account
holder.
Transfers to NRE accounts of persons other than the
account holder, for any purpose.
Investment in shares/securities commercial paper
of Indian companies or for purchase of immovable property
in India provided such investment is covered by general/special
permission granted by Reserve bank.
Any other transaction if covered under general or
special permission granted by Reserve bank.
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61. |
What is a FCNR account? FCNR
is a foreign currency account designated in five foreign
currencies i.e.. Pound Sterling, U.S.Dollar, Deutsche
Mark, Japanese Yen and Euro.
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62. |
Are there any restrictions to utilise FCNR
funds in India? There are absolutely no
restrictions on withdrawal of funds from FCNR account.
Even investments can be done on repatriable basis
from FCNR account.
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63. |
What is a RFC account? This account
enables non_resident who come back to India for permanent
settlement to open and maintain foreign currency accounts
with authorised dealers in India.
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64. |
What is a NRNR account? This
account is for the salaried non_resident Indians in
Gulf and other regions. In this account principal
cannot be repatriated but interest is eligible for
repatriation. The interest offered on this account
is much more than other non_resident accounts.
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65. |
What is the maximum ceiling prescribed by
the Reserve Bank for NRIs under Portfolio Investment?
Maximum ceiling by individual NRI/OCB is
5% of paid up
share capital of the company. The overall ceiling
for all
NRIs/OCBs together is 10%. However the overall ceiling
for all Iris/OCBs can be raised to 30% with the prior
permission of Reserve Bank.
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66. |
What is the procedure laid down by RBI for
NRIs/OCBs to invest in shares through H. K. Securities?
Open an account with the authorized Dealer
Bank Branch.
# Fill up the Dealer Bank’s application to
open the account.
# Fill up the RPI/RPC form provided by the Dealer
Bank.
# Sign both the above mentioned forms.
# Certified/notified copy of Passport & visa
is to be submitted.
Open the Depository Account with your Bank &
the Stock Broking account with H. K. Securities.
# Fill in the Depository account application form
& the Stock Broking application form and fulfilling
the requisite account opening norms.
(Both Depository & Stock Broking forms are available
on our website.Refer our account opening page for
more details.)
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67. |
How to select the respective application
form from the two forms RPI & RPC? RPI
form :
Forms for non_resident individuals of India nationality
or origin to purchase shares of Indian companies through
stock exchange in India with benefits of repatriation
of capital invested and income earned thereon………….
RPC form :
Forms for an Overseas company/partnership firm/society/trust
or any other corporate body owned by non_residents
of Indian nationality or originate purchase shares
with repatriation benefits.
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68. |
What is the form to be filled by the NRI
individuals of Indian nationality or origin for trading
without repatriation benefits? NRI form
has to be filled by non_resident individuals to trade
without repatriation filled benefits.
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69. |
What is a NRC application form?
Forms for an overseas company/partnership firm/society/trust
or any other corporate body owned by Indian nationality
or origin to trade without repatriation benefits.
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70. |
How does a Dealer Bank obtain permission
from RBI on the behalf of NRI? You are requested
to fill in any one of the rescribed forms_NRC/NRI/RPC/RPI
by the Dealer bank. This form is submitted to RBI
,who further grants permission.
KINDS
OF BANK ACCOUNTS |
Account |
NRO |
NRE |
NRNR |
FCNR |
RFC |
Who can open an account |
NRI/OCB |
NRI/OCB |
NRI/OCB |
NRI/OCB |
EX_NRI |
Joint accounts with residents |
Permitted |
Not permitted |
Permitted |
Not permitted |
Permitted |
Nomination |
Permitted |
Permitted |
Permitted |
Permitted |
Permitted |
Loan against Deposits |
Permitted |
Permitted |
Permitted |
Permitted |
Not permitted |
Taxes |
No exemptions |
Exempted from All taxes |
Exempted from all taxes |
Exempted from all taxes |
Interest subject to tax. |
Eligibility for Loans |
Eligible |
Eligible |
Eligible |
Not Eligible |
Not Eligible |
Repatriation Of principle |
not repatriable |
freely repatriable |
not repatriable |
freely repatriable |
repatriable |
Repatriation of Interest |
Repatriable |
freely Repatriable |
freely Repatriable |
freely Repatriable |
not Repatriable |
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