Ownership structures
May a foreign supplier establish its own entity to import and distribute its products in your jurisdiction?
Yes, a foreign supplier can establish an entity in India for import and distribution, subject to compliance with the foreign exchange control regulations, namely the Foreign Exchange Management Act 1991 and accompanying regulations and the Foreign Direct Investment Policy (the FDI Policy), which is issued from time to time by the government of India.
The FDI Policy prescribes, among other things, the types of business entities that may be established by a foreign party, the cap on foreign investments and the minimum investments that should be made by foreign parties. Foreign suppliers can acquire up to a 100 per cent stake in an Indian entity engaged in a wholesale cash-and-carry business, single-brand retail trading (SBRT) or an e-commerce marketplace platform business. However, foreign parties can only acquire up to a 51 per cent stake, with government approval, in an Indian entity engaged in multi-brand retail trading (MBRT). The FDI Policy also prescribes several other compliance obligations for Indian entities with foreign ownership engaged in SBRT, MBRT, a wholesale cash-and-carry business and an e-commerce market platform business. For example, entities engaged in MBRT should ensure that at least 30 per cent of the value of products purchased should be sourced from India. Similarly, minimum sourcing conditions apply to the entities that are engaged in SBRT and where foreign investment is more than 51 per cent.
May a foreign supplier be a partial owner with a local company of the importer of its products?
Yes, a foreign supplier can be a partial owner in an Indian entity along with one or more local Indian parties.
