Background

  • Press Note 3 (2020) mandated government approval for all investments from land-border countries regardless of stake size
  • New Press Note 2 (2026 Series) relaxes these rules for overseas companies (not registered in land-border countries) with limited Chinese/Hong Kong stakes

Key Provisions

Automatic Route Eligibility

  • Overseas companies with Chinese/Hong Kong shareholding up to 10% can now invest through automatic route
  • Conditions:
  • Must not exercise "control" over the Indian investee company
  • Investment must be in a permitted sector

Beneficial Owner Definition

  • Aligned with Prevention of Money-laundering Act (PMLA), 2002
  • Beneficial ownership = controlling ownership interest exceeding 10%
  • Provides legal clarity for implementation

FEMA Alignment

  • Department of Economic Affairs (DEA) formally amended Foreign Exchange Management (Non-Debt Instruments) Rules, 2019
  • Provides necessary legal backing for 10% exemption

Strategic Safeguards

  • Strict restrictions continue for entities registered in:
  • China
  • Hong Kong
  • Pakistan, Bangladesh, Nepal, Bhutan, Myanmar, Afghanistan
  • These entities still require prior government approval

Mandatory Reporting

  • Indian investee company must report transactions to Reserve Bank of India (RBI) for monitoring

Multilateral Exemption

  • Investments from multilateral banks/funds exempt from land-border restrictions:
  • Asian Development Bank (ADB)
  • Asian Infrastructure Investment Bank (AIIB)

Current FDI Scenario

  • China ranks 23rd among investor nations
  • China's share: 0.32% of total FDI inflows
  • Total Chinese FDI: USD 2.51 billion (April 2000 – December 2025)

Constitutional/Legal Provisions

  • PMLA, 2002 - Beneficial ownership definition
  • FEMA, 1999 - Foreign exchange management rules
  • Press Note 3 (2020) - Original land-border investment restrictions
  • Press Note 2 (2026 Series) - New exemptions

Significance

  • Balances economic liberalization with national security
  • Facilitates easier capital flow from global institutions
  • Provides clarity for foreign investors with minority Chinese stakes
  • Maintains strict vigilance through RBI reporting requirements