An Australia-based NRI or OCI holder can invest in an Indian company or LLP on a repatriation basis, treated as foreign investment with pricing and reporting rules, or on a non-repatriation basis, treated like domestic investment. We review the business, negotiate protections suited to an investor in Australia and ensure FEMA filings are made so your money can return.
- Document route
- Australian notary public, then apostille from DFAT
- Time difference
- Australia is 2h30 (Perth) to 5h30 (Sydney and Melbourne in summer) ahead of IST
- Law
- FEMA 1999 and NDI Rules 2019
- Routes
- Repatriable (Schedule 1) or non-repatriable (Schedule 4)
Legal Advisory for NRI Investors from Australia: how it works
We discuss your goals and choose the route. Due diligence covers the company's filings, capital history, charges, litigation, tax compliance and ownership of key assets. For startups, we check the cap table, ESOPs and convertible instruments. A plain-English report sets out the risks.
We negotiate the term sheet, shareholders agreement and articles: information rights, consent over new share issues and borrowing, a board or observer seat with video meetings, pre-emption and exit rights, and arbitration seated in India with online hearings. Repatriable funds come from Australia or your NRE account, and the company files Form FC-GPR. After the investment, we can review annual accounts and board papers for you each year. Indian-Australian investors who plan to return to India later should also think about how their holding will be treated once they become resident again, and we plan that conversion with you in advance.
What clients in Australia should know
- Dividends and gains from Indian shares are assessable in Australia, with an offset for Indian tax.
- Investment in agriculture, plantations and real estate business is barred for NRIs.
- Keep the bank remittance advice; it is needed to repatriate proceeds later.
Step by step from Australia
Video consultation
A call at a time that suits Australia, after we have read your documents.
Documents signed in Australia
Australian notary public, then apostille from DFAT
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Australia where needed.
The full guide
This page covers what changes when you are in Australia. For the law, the documents and the step-by-step procedure, read our main page on Legal Advisory for NRI Investors, or see all services for clients in Australia and the Doing Business in India practice area.
Questions from clients in Australia
Can I invest in my cousin's LLP?
Yes, on a non-repatriation basis or, in permitted sectors, on a repatriation basis.
Can I be a director from Australia?
Yes, with a DIN and a digital signature certificate. Board meetings can be attended by video, and annual director KYC is filed online, so living in Australia is no obstacle to serving on the board.
What reports does the company file?
Form FC-GPR within 30 days for repatriable investment and the annual foreign liabilities and assets return.