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Legal Advisory for NRI Investors for clients in Germany

Indian engineers and founders in Germany are increasingly asked to invest in Indian startups and family businesses, sometimes alongside German partners.

Updated Reviewed by our legal team

Legal Advisory for NRI Investors for clients in Germany
In short

A Germany-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 almost like domestic investment. We review the business, negotiate protections for an investor in Germany and ensure FEMA filings so you can exit cleanly.

Document route
German notary, pre-certification, then Indian mission attestation
Time difference
India is 3.5 hours (summer) to 4.5 hours (winter) ahead
Law
FEMA 1999 and NDI Rules 2019
Routes
Repatriable (Schedule 1) or non-repatriable (Schedule 4)

Legal Advisory for NRI Investors from Germany: how it works

We start with your objectives and whether you invest personally or through a German GmbH, which turns the investment into foreign direct investment by that company and brings in German controlled foreign company and reporting rules. Due diligence covers MCA filings, cap table, ESOPs, convertible instruments, charges, litigation and tax compliance, summarised in a short written report.

We negotiate the term sheet, shareholders agreement and articles: information rights, consent over new share issues and debt, a board or observer seat with video meetings, pre-emption and exit rights, and arbitration seated in India or abroad where the parties prefer. Repatriable money comes from Germany by bank transfer or from your NRE account, and the company reports the allotment to the RBI within 30 days. After the investment, we can review annual accounts and board papers each year so that a new funding round does not dilute you unnoticed.

What clients in Germany should know

  • A German resident holding a significant stake in a foreign company may have German reporting obligations under the Außensteuergesetz; take German advice.
  • Farming, plantations and real estate trading are closed to NRI investment on every route.
  • Dividends from India are taxed in India at treaty rates and also declared in Germany with credit.

Step by step from Germany

  1. Video consultation

    A call at a time that suits Germany, after we have read your documents.

  2. Documents signed in Germany

    German notary, pre-certification, then Indian mission attestation

  3. Work in India

    Our team files, appears and follows up in India, and shares scans of everything filed.

  4. Result and handover

    Certified copies and originals are couriered to you in Germany where needed.

The full guide

This page covers what changes when you are in Germany. 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 Germany and the Doing Business in India practice area.

Please note: this page explains the law and procedure in general terms as on 30 October 2026. Fees, limits and timelines change, and the facts of each case matter, so take advice on your own papers before acting.

Questions from clients in Germany

Should I invest through my German GmbH?

It depends on control, tax and exit plans. We advise with your German tax adviser.

Can arbitration be seated in Germany?

Yes. Indian law permits foreign-seated arbitration with foreign parties, and India enforces New York Convention awards from Germany.

What does the Indian company file?

Form FC-GPR within 30 days of a repatriable allotment, and an annual return of foreign liabilities and assets.

Tell us about your matter

Send the papers you have. We reply to clients in Germany within one working day.

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