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Raja Rajeswari S   20 January 2010 at 13:19

Foreign investment in Partnership

Kindly clarify over the following:

FEMA regulations:

1.Investment in Partnership Firm / Proprietary Concern
A Non-Resident India17(NRI) or a Person of Indian Origin18 (PIO) resident outside India can invest by way of contribution to the capital of a firm or a proprietary concern in India on non-repatriation basis provided;

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

ii. The firm or proprietary concern is not engaged in any agricultural / plantation or real estate business (i.e. dealing in land and immovable property with a view to earning profit or earning income there from) or print media sector.

iii. Amount invested shall not be eligible for repatriation outside India.
2.Investments with repatriation benefits

NRIs / PIO may seek prior permission of Reserve Bank19 for investment in sole proprietorship concerns / partnership firms with repatriation benefits. The application will be decided in consultation with the Government of India.
3. 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 Bank20, 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.

I) As per the above clause 2, what is the procedure( forms to filed) to get approval from the GOI to avail the repatriation benefits by NRI/POI? Can he repatriate the income earned over the investment without any GOVT approval?


II) As per the above clause 3, what is the procedure( forms to filed) to get approval from the GOI to enalbe a person outside India other than NRI/POI to invest in a partnership concern in India? Can this guy repatriate the invsetment and earnings without Govt's approval? If not, how to get permission for such repatriation?


kindly brief me the procedure to get approval for the above two cases .

regards


RAJA RAJESWARI S

Suwarn Rajan   20 January 2010 at 11:28

INFORMATION ON FAMILY LAW

For more information and help visit www.airyourlegalqueries.com

Raja Rajeswari S   19 January 2010 at 19:24

Foreign investment in PArtnership by Foreigner

1)Can a person other than a NRI/POI make investment in india by way of capital contribution in a partnership firm? If so what is the procedure to get approval?

2)CAn above person repatriate the invsetment and the income earned over it? What is the procedure to get approval for the above?

3)CAn the above person give funds in the form of loan to the partnerhip firm in India? If so, how to proceed to get such loan and what interest should we pay and what are the pay channels?


Kindly clarify

regards

Milind Joshi   19 January 2010 at 17:45

Criminal Law

As per the amendment in Section 202 of CR.P.C. Following insertion is made" and shall when accused is residing at a place beyond the are in which magistrate exercises his jurisdiction". Now as per this amendment Whether it is incumbent upon magistrate to compulsorily postpone the issue process or if a material before him is like such in a case when offence committed can be seen prima facie and accused is beyond the jurisdiction. Whether Magistrate can pass an order of issue process when he has satisfied primarily when accused is beyond the jurisdiction instead of sending it for investigation or the word shall denotes that he must send it for investigation. What is scope of words in the section "Sufficient Grounds"? Are there any case laws after the amendment of 2005 which says magistrate can pass an order of issue process directly instead of postponement of issue process, when magistrate is satisfied prima facie. Please send me the Object of said amendment of 2005 also.

ABHINAV JAIN   19 January 2010 at 16:53

Section-20-Rajasthan motor vehicles taxation act,1951

Interpretation of section-20 of the Rajasthan motor vehicles taxation act,1951.?
Whether a state can levy taxes for using certain bridges, roads, etc..?

In my view it is the sovereign function of the state to provide for better facilities etc. etc..
However the accepted view is that in order to maintain such bridges, roads etc. expenditure is incurred and to maintain the same levy of toll-tax is correct.
please clarify before 20-01-2010; 09:30am

jayadevan iyer   19 January 2010 at 12:42

BOND BETWEEN EMPLOYEEE AND EMPLOYER FOR 3 YEARS

CAN ANYBODY HELP ME BY POSTING A BOND AGREEMENT BETWEEN EMPLOYER AND EMPLOYEEFOR 3 YEARS.

Rama mohan Acharya   16 January 2010 at 15:48

Judgement required

Can any body help me by provoding a copy of the judgement in SLP 15345/1987 in the matter of North East railway employees federation, Gorakhpur wherein it was held that if any tenure is fixed in constitution for conducting of Executive committee elections then the old Executive Committee becomes defunct on expiry of that period and is not competant to carryout the work of the union.

Sumir   16 January 2010 at 00:40

Corruption

well this is not exactly a query to be tabled at this platform, but then too...
I being a student of Grant Medical College, Sir JJ Group of Hospitals, Byculla, Mumbai-08, want to know all possible means by which the above body gets money(grants), and any substances/materials/items/things.
[don't say use RTI, since the body will not reveal all its sources, but answer the query from legal knowledge and experience- of from which all sources does a govt body (the above body is of maharashtra) that too a hospital and college get money(grants), and any substances/materials/items/things

MEHTA KETAN P   14 January 2010 at 14:27

M.R.P.

SIR,
I IMPORTS INDUSTRIAL SEWING MACHINES AND SPARES FOR CHINA.
CATEGORY UNDER IMPORT IS 84.52.30.90
CUSTOMS SAYS THERE IS NO NEED FOR M.R.P
UNDER YOUR SECTION .
BUT VIGILANCE DEPT FROM M.R.P SECTION
IS NOT SURE FOR THE SAME .
PLEASE HELP
THERY HAVE COLLECT MY SAMPLE AND ASK FOR EXPLANATION

Anonymous   13 January 2010 at 12:29

how to calculate salary of employees

Dear Sir/mam,

As I am working as an Hr Excutive in an investment planning company and as I am new for this feild i have a query that how to calculate salry of employees, i need structure in details like by adding which components we can calculate it and total how many components are there and what is the rules for each one.
And please also let me know that as per law for the deduction of pf amount how much minimum basic pay should be there.



Regards,
Darshita Trivedi