JOINT VENTURES ABROAD

Unlike   joint ventures in India, Joint venture undertakings are established abroad by the Indian   entrepreneurs for building up an export   potential   for their   products manufactured   through foreign collaboration in the developing   countries   where there is a   favorable political   climate   and   a demand for the Indian products. For this   purpose, the Government offers the following opportunities:

(i) opportunities to increase the export   potential of the Indian company;

(ii) facility of   repatriation to India of capital   and dividend and royalty and remuneration earned outside India from   joint ventures;

(iii) incentives under the Income-tax Act.

(iv) Compliance with requirements for setting up joint ventures.-The following requirements   will have to be complied   with for setting up joint ventures abroad :

(a) Under   Companies Act.-Since the Government’s   policy is to   encourage only   the corporate bodies to invest   in joint ventures abroad   application should be made to the Central Government,   Department of Company Affairs under section 372 (4) if the Companies Act, 1956 in Form   34-B prescribed   under the Companies (Central Government’s) General Rules   and Forms, 1956. [Form No. 1 below].

(b) Under FERA.- Section   27 of Foreign Exchange Regulation Act, 1973, requires   that persons resident in India including firms and companies (other than foreign nationals) should obtain   prior permission of the Government of India to   associate   themselves with, or participate in, whether as promoters   or otherwise, any concern outside India engaged in, or intending to engage in,   any activity of a trading, commercial or industrial nature, whether such concern is a body corporate   or   not.   The application has to be made in the prescribed   Form   PFCE (See Form No. 31 in Chapter 12).

(c) Approval of Reserve bank.-An application has to be made to the Reserve Bank of India in the prescribed Form   GRI/EP (Form Nos. 2 and 3 below)... [continues]

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