Now , Shares of an Indian company can be issued to subscribers to MOA (NRI ,PIO ,Foreign citizen) at Par -

Allotment of Shares to person resident outside India under Memorandum of Association (MoA) of an Indian company - Pricing guidelines- can be issued at Par value-

Attention of Authorised Dealers Category-I (AD Category - I) banks is invited to the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000 notified vide Notification No. FEMA 20 / 2000 -RB dated May 3, 2000 (hereinafter referred to as Notification No. FEMA 20), as amended from time to time.

2. In terms of sub-regulation (1) of Regulation 5 of the Notification ibid, a person resident outside India or an entity incorporated outside India may purchase shares or convertible debentures of an Indian company under Foreign Direct Investment Scheme, subject to compliance with the issue price specified in para 5 of Schedule 1 of the Notification ibid.

3. It has been decided that in cases, where non-residents (including NRIs) make investment in an Indian company in compliance with the provisions of the Companies Act, 1956, by way of subscription to Memorandum of Association, such investments may be made at face value subject to their eligibility to invest under the FDI scheme.

Ref:

RBI/2012-13/223-A.P. (DIR Series) Circular No. 36 dated September 26, 2012

Whether a NRI can Make Donations to any resident in India ? Will it Fall under FEMA or FCRA ?

Whether a NRI can Make Donations to any resident in India ? Will it Fall under FEMA or FCRA ?

A NRI can make donation to an Indian or any institution in India. There is no restriction for such donation either in FEMA or in FCRA.  For instances, many temples have online donation facility for a  NRI to pay donation from his NRE account or in foreign exchange.

Further, donation received from a NRI in foreign currency is not a foreign contribution if the NRI holds a valid Indian passport

For a .NRI (Non-Resident Indians) donors who are Indian citizens having an Indian passport and he can make donations to any one in India and he has to quote his passport number as this is because their contribution goes into a separate account as per the Foreign Contribution Regulation Act, (FCRA), 1976.

How much a Indian Resident can make as a gift to a resident outside India or donation to a foreign charitable institution?

Any resident individual, if he so desires, may remit the entire limit of USD 200,000 in one financial year under LRS as gift to a person residing outside India or as donation to a charitable/educational/ religious/cultural organization outside India.  Remittances exceeding the limit of USD 200,000 will require prior permission from the Reserve Bank.

Whether an NRI can invest in Partnership Firm or in Properitorship in India?

FDI in Partnership Firm / Proprietary Concern by an NRI in India:

On Non -Repatriation Basis 

(i) A Non-Resident Indian (NRI) or a Person of Indian Origin (PIO) resident outside India can invest by way of contribution to the capital of a partner firm or a proprietary concern in India on non-repatriation basis provided;

(a) Amount is invested by inward remittance or out of NRE/FCNR(B)/NRO account maintained with Authorized Dealers / Authorized banks.

(b) The firm or proprietary concern is not engaged in any agricultural/plantation or real estate business or print media sector.

(c) Amount invested shall not be eligible for repatriation outside India.

On Repatriation Basis 

Investments with repatriation benefits: NRIs/PIO may seek prior permission of Reserve Bank for investment in sole proprietorship concerns/partnership firms with repatriation benefits. The application will be decided in consultation with the Government of India.
 

FDI by Foreign Nationals in a Partnership Firm of Proprietorship

(iii)Investment by non-residents: Investment by non-residents other than NRIs/PIO: A person resident outside India other than NRIs/PIO may make an application and seek prior approval of Reserve Bank for making investment by way of contribution to the capital of a firm or a proprietorship concern or any association of persons in India. The application will be decided in consultation with the Government of India.