Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Strengths
• Low Cost
Weakness
• Relative Inflexibility
Opportunities
• Leverage Government
Threats
• Establishment of monopoly
DESTINATION INDIA
There are a number of reasons why the multinational companies are coming down
to India. India has got a huge market. It has also got one of the fastest growing economies
in the world. Besides, the policy of the government towards FDI has also played a major
role in attracting the multinational companies in India.
For quite a long time, India had a restrictive policy in terms of foreign direct
investment. As a result, there was lesser number of companies that showed interest in
investing in Indian market. However, the scenario changed during the financial
liberalization of the country, especially after 1991. Government, nowadays, makes
continuous efforts to attract foreign investments by relaxing many of its policies. As a
result, a number of multinational companies have shown interest in Indian market.
– Deliver the right product at the right price with right positioning for India
• British Petroleum
• Vodafone
• Ford Motors
• LG
• Samsung
• Hyundai
• Accenture
• Reebok
• Skoda Motors
• ABN Amro Bank
India and U.S. have developed strong business relations with each other over the years. The
United States has got great influence over Indian business. U.S. is the second largest
source of FDI for India. It is also the second largest trade partner of the nation after
EU. Not only that, U.S. is the largest services export destination for India as well. In
fact, American companies in India form the major part of the foreign companies
operating in this country.
A foreign company planning to enter India, is required to meet all requirements of doing
business in India as required by domestic Indian businesses. In addition foreign companies are
required to seek governmental approval before investing in India. Some approvals are automatic,
- RBI Approvals - though application is required for those approvals. Special Permission -FIPB
Approvals - could be obtained to invest over and above the regular percentage allowed.
For a foreign Investor planning to do business in India it is very important to choose a right kind
of business or corporate entity which best suits its purposes and takes care of liability issues and
tax planning issues. Foreign Companies planning to do business in India should pay special
attention to Entry Strategies in India for Foreign Investors and corporate structuring to save taxes
to the best extent allowed by laws and international tax treaties.
It is also mandatory for foreign investors or foreign shareholders, both individuals and corporate
shareholders, to seek Government Approvals for Investing in India In some special cases
Foreign Investment Promotion Board, FIPB Approval for Foreign Investment in India is
required. In other cases Reserve Bank of India, RBI Approvals for Foreign Investment in India is
required. The sectors where RBI Approval for foreign investors is available under automatic
route can be found at FDI in India Sector wise Guide.
STRATEGIES FOR FOREIGN COMPANIES DOING BUSINESS WITH INDIA OR
INVESTMENT ROUTES FOR INVESTING IN INDIA, ENTRY STRATEGIES FOR
FOREIGN INVESTORS
A foreign company planning to set up business operations in India has the following
options:
As an Indian Company
A foreign company can commence operations in India by incorporating a company under the
Companies Act, 1956 through
• Joint Ventures; or
• Wholly Owned Subsidiaries
Foreign equity in such Indian companies can be up to 100% depending on the requirements of
the investor, subject to equity caps in respect of the area of activities under the Foreign Direct
Investment (FDI) policy. Details of the FDI policy, sectoral equity caps & procedures can be
obtained from Department of Industrial Policy & Promotion, Government of India.
Foreign Companies can set up their operations in India by forging strategic alliances with Indian
partners.
Joint Venture may entail the following advantages for a foreign investor:
Foreign companies can also to set up wholly owned subsidiary in sectors where 100% foreign
direct investment is permitted under the FDI policy.
Incorporation of Company
For registration and incorporation, an application has to be filed with Registrar of Companies
(ROC). Once a company has been duly registered and incorporated as an Indian company, it is
subject to Indian laws and regulations as applicable to other domestic Indian companies.
2) As a Foreign Company
• Project Office
• Branch Office
Such offices can undertake any permitted activities. Companies have to register themselves with
Registrar of Companies (ROC) within 30 days of setting up a place of business in India.
Liaison office acts as a channel of communication between the principal place of business or
head office and entities in India. Liaison office cannot undertake any commercial activity
directly or indirectly and cannot, therefore, earn any income in India. Its role is limited to
collecting information about possible market opportunities and providing information about the
company and its products to prospective Indian customers. It can promote export/import from/to
India and also facilitate technical/financial collaboration between parent company and companies
in India.
The approval for establishing a liaison office in India is granted by the Reserve Bank of India
(RBI).
Project Office
Foreign Companies planning to execute specific projects in India can set up temporary
project/site offices in India. RBI has now granted general permission to foreign entities to
establish Project Offices subject to specified conditions. Such offices cannot undertake or carry
on any activity other than the activity relating and incidental to execution of the project. Project
Offices may remit outside India the surplus of the project on its completion, general permission
for which has been granted by the RBI.
Branch Office
Foreign companies engaged in manufacturing and trading activities abroad are allowed to set up
Branch Offices in India for the following purposes:
• Export/Import of goods
• Rendering professional or consultancy services
• Carrying out research work, in which the parent company is engaged.
• Promoting technical or financial collaborations between Indian companies and parent or
overseas group company.
• Representing the parent company in India and acting as buying/selling agents in India.
• Rendering services in Information Technology and development of software in India.
• Rendering technical support to the products supplied by the parent/ group companies.
• Foreign Airline/shipping Company.
A branch office is not allowed to carry out manufacturing activities on its own but is permitted to
subcontract these to an Indian manufacturer. Branch Offices established with the approval of
RBI, may remit outside India profit of the branch, net of applicable Indian taxes and subject to
RBI guidelines Permission for setting up branch offices is granted by the Reserve Bank of India
(RBI).
Branch Office on "Stand Alone Basis"
Such Branch Offices would be isolated and restricted to the Special Economic zone (SEZ) alone
and no business activity/transaction will be allowed outside the SEZs in India, which include
branches/subsidiaries of its parent office in India. No approval shall be necessary from RBI for a
company to establish a branch/unit in SEZs to undertake manufacturing and service activities
subject to specified conditions.
A foreign company planning to set up business operations in India has the following options:
FDI in sectors/activities to the extent permitted under automatic route does not require any prior
approval either by the Government or RBI. The investors are only required to notify the Regional
office concerned of RBI within 30 days of receipt of inward remittances and file the required
documents with that office within 30 days of issue of shares to foreign investors.
List of activities or items for which automatic route for foreign investment is not available,
include the following:
• Banking
• NBFC's Activities in Financial Services Sector
• Civil Aviation
• Petroleum Including Exploration/Refinery/Marketing
• Housing & Real Estate Development Sector for Investment from Persons other
than NRIs/OCBs.
• Venture Capital Fund and Venture Capital Company
• Investing Companies in Infrastructure & Service Sector
• Atomic Energy & Related Projects
• Defense and Strategic Industries
• Agriculture (Including Plantation)
• Print Media
• Broadcasting
• Postal Services
FDI in activities not covered under the automatic route, requires prior Government
approval and are considered by the Foreign Investment Promotion Board (FIPB). Approvals of
composite proposals involving foreign investment/foreign technical collaboration are also
granted on the recommendations of the FIPB. Application for all FDI cases, except Non-
Resident Indian (NRI) investments and 100% Export Oriented Units (EOUs), should be
submitted to the FIPB Unit, Department of Economic Affairs (DEA), Ministry of Finance.
Application for NRI and 100% EOU cases should be presented to SIA in Department of
Industrial Policy & Promotion.
A foreign investor with an existing venture or collaboration (technical and financial) with
an Indian partner in particular field proposes to invest in another area, such type of additional
investment is subject to a prior approval from the FIPB, wherein both the parties are required to
participate to demonstrate that the new venture does not prejudice the old one.
GENERAL PERMISSION OF RBI UNDER FEMA
Indian companies having foreign investment approval through FIPB route do not require
any further clearance from RBI for receiving inward remittance and issue of shares to the foreign
investors. The companies are required to notify the concerned Regional office of the RBI of
receipt of inward remittances within 30 days of such receipt and within 30 days of issue of shares
to the foreign investors or NRIs.
Equity participation by international financial institutions such as ADB, IFC, CDC, DEG,
etc., in domestic companies is permitted through automatic route, subject to SEBI/RBI
regulations and sector specific cap on FDI.
The biggest reason is the high potential of Indian market and economy. Along with
China, India is the only fast-growing country that can make a difference to majority of the
companies' bottom lines. One can learn from a simple statistics the reason why American
companies are coming down to India. The gross domestic product of U.S. is expected to come
down by 0.8% in 2009. On the other hand it is expected that India will grow at 6.6%.
Besides, established big brands have already impregnated the U.S. and European markets. But,
the Indian market still offers a lot of scopes and spaces for those to grow.
India is also a large depository of skilled yet cheap labor. Hence, it becomes easy for the
American companies to optimize their productions in India.
THEJOURNEY
The American companies in India started their dream runs during 1990 when they reaped
huge profits. The companies have seen double digit year-on-year growth in various sectors like
Technology, Colas, Agriculture, Automobiles, Equipments, Finance and Banking. According to
the American Chamber of Commerce in India, their membership base has soared up from zero in
1992 to more than 300 till date. However, the major success in terms of investment and growth
came in technology sector. Many of the top IT companies in India are American. In fact, out of
the top 20 IT companies operating in India, 9 are from the U.S. These American companies in
India account for about 37% of the turnover of the top 20 firms operating in India.
However the growth of the American companies in India is not limited to IT or manufacturing
only. India has a vast market of agriculture, which employs almost 70% of the population either
directly or indirectly. 'Monsanto', an agro-chemical giant, is currently working on GM modified
crops and fertilizers. It has also done well in forging sector also. The American retail giant 'Wal-
Mart' has gone into collaboration with Bharti enterprise in the Indian retail sector
There are a number of American companies in India which have been doing business
successfully over the years. Following are some of the popular American companies in India:
• Agilent
• Agro Tech
• American Express
• Amway
• Avaya
• Caltex
• Caterpillar
• CB Richard Ellis
• Cisco
• Citigroup
• Coca Cola
• Cognizant
• Colgate Palmolive
• CSC
• Cummins
• Discovery
• Dupont
• EDS
• Eli Lilly
• Emerson Electric
• EXL
• Federal Express
• Ford
• Franklin Templeton
• GE
• General Motors
• Gillette
• Honeywell India
• BM
• Intel
• Johnson & Johnson
• JPMorgan
• Kellogg India
• Kimberly Clark
• Kodak
• McDonalds
• Metlife India
• Microsoft
• Morgan Stanley
• New York Life
• Ogilvy and Mather
• Oracle
• Pepsico
• Pfizer
• Pizza Hut
• Sun Microsystems
• Texas
• Tecumseh
• Timex
• Tyco
• UPS India
• Visteon
• Whirlpool
• Xerox Modicorp
US Investments in India
India's rapidly expanding economy along with a booming consumer market and easy availability
of skilled personnel has been instrumental in attracting several American companies to invest in
India. The US is the third largest contributor of foreign direct investment (FDI) in India. The
overall FDI flow into India from the US during April 2000-February 2010, according to the
Department of Industrial Policy and Promotion was US$ 8.21 billion. During 2008-09, FDI
inflow from the US was US$ 1.80 billion. FDI inflow between April to February 2009-10 was
US$ 1.88 billion.
After companies like Microsoft, Intel, IBM, Dell, Citigroup, J P Morgan and Morgan Stanley,
many other US companies are also planning to enter the Indian market with big investments.