NRI Corner
At Smita Investments we cater our NRI clients for all of their Investments as Indian Economy itself is booming with various positive factors. Mainly contribution of Indians around the world and the Indian economy itself.
We at Smita Investment invite Non Resident Indians to take the opportunity to invest and benefit from the growth potential in India.
FAQs
Q. Who is a Non-Resident Indian (NRI)?
An Indian citizen or a foreign citizen of Indian origin who stays abroad for employment, business or vocation outside India, or stays abroad under circumstances indicating an uncertain duration.
Q.Who is a Person of Indian Origin (PIO)?
A Person of Indian Origin means a citizen of any country (other than Bangladesh or Pakistan), if the person: (a) at any time held an Indian passport; or (b) or the persons parents or grandparents were citizens of India; or (c) is a spouse of an Indian citizen, or of a person referred to in (a) or (b) above.
Other terms with vaguely the same meaning are overseas Indian and expatriate Indian. In common usage, this often includes Indian-born individuals (and also people of other nations with Indian ancestry) who have taken the citizenship of other countries.
According to Ministry of Overseas Indian Affairs, India has the second largest diaspora in the world after Overseas Chinese . The overseas Indian community estimated at over 25 million is spread across every major region in the world.
Q.Who is a Foreign Institutional Investor (FII)?
An FII is an institution established or incorporated outside India which proposes to invest in Indian securities and is registered with SEBI.
Q.Who is an Overseas Corporate Body (OCB) ?
An OCB includes overseas companies, partnership firms, societies and other corporate bodies owned predominantly by non-resident persons of Indian nationality or origin outside India.
Q.Can an NRI maintain a bank account in India?
Yes. NRIs can maintain accounts in rupees as well as in foreign currency.
Q.What types of rupee accounts may NRIs maintain?
There are 3 types:
1. NRE : Non-Resident (External) Rupee Account
2. NRO : Non-Resident (Ordinary) Rupee Account
3. FCNR – B : Foreign Currency (Non –Resident) Accounts (Banks)
Note : With effect from 01/04/2002, both NRSR and NRNR deposit schemes have been discontiuned.
Q.What are NRE, NRO and FCNR accounts?
Non-Resident (External) Rupee (NRE). This is a Rupee account from which funds are freely repatriable. It can be opened with either funds remitted from abroad or local funds which can be remitted abroad.
Non-Resident Ordinary Rupee (NRO). This is a Rupee account and can be opened with funds either remitted from abroad or generated in India. These funds are non-repatriable. However, under certain circumstances, these are allowed to be repatriated.
Fully Convertible Non-Resident Rupee (FCNR). This account is similar to the NRE account except that the funds are held in foreign currencies and can be maintained in Pound Sterling,U.S. Dollar, Euro and Japanese Yen. FCNR accounts can be maintained only in the form of term deposits, i.e. a deposit kept for fixed periods ranging from 6 months to 3 years.
Q.What is the distinction between NRE and NRO Accounts?
Balances held in NRE accounts can be repatriated abroad freely, whereas funds in NRO accounts cannot be remitted abroad but have to be used only for local payments in rupees. Funds due to the non-resident accountholder which do not qualify, under the Exchange Control regulations, for remittance outside India are required to be credited to NRO accounts.
Type of Account Currency Repatriable /
Non Repatriable
NRE - Non Resident External INR Freely Repatriable
NRO - Non Resident Ordinary INR Non Repatriable, Repatriable subject to RBI conditions
FCNR - Foreign Currency Non Resident USD, GBP, Yen, Euro Repatriable.
Q.Does an NRI, PIO, FII requires any approval from the RBI to invest in mutual fund schemes?
No special approval is required. NRIs/FIIs have been granted a general permission by RBI [Schedule 5 of the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2000] for investing in/redeeming units of the schemes subject to conditions set out in the aforesaid regulations.
Q.What is a PIO Card? Who Issues PIO Cards? How to get a PIO Card?
Person of Indian Origin (PIO) Cards are issued by Ministry of External Affairs (CPV Division), Government of India to persons of Indian origin through Indian embassy abroad. Specific information on rules, forms, particular offices, missions is available on the website
Q.Can an NRI, and FIIs invest in mutual funds in India?
Yes.
The following summary outlines the various provisions related to investments by Non-Resident Indians ('NRIs'), Persons of Indian Origin ('PIOs') and Foreign Institutional Investors ('FIIs') in the Schemes of the Mutual Fund and is based on the relevant provisions of the Income-tax Act, 1961 ('the Act'), regulations issued under the Foreign Exchange Management Act, 1999 and the Wealth-tax Act, 1957 (collectively called 'the relevant provisions').
Purchase Applications. NRIs can invest in Mutual funds on a Repatriable/Non-Repatriable basis as per the provisions of Schedule 5 of the Foreign Exchange Management (Transfer or issue of Security by a Person Resident Outside India) Regulations, 2000 ('the Regulations') as explained below.
A Common Application Form duly completed together with cheques or bank drafts should be submitted at Investor Service Centres. All cheques/demand drafts accompanying the application form must be made in favour of the scheme names.
Q.Repatriable Basis
To invest on a repatriable basis, NRI investor must have an NRE or FCNR Bank Account in India. The Reserve Bank of India (RBI) has granted a general permission to Mutual Funds to offer mutual fund schemes on repatriation basis, subject to the following conditions :
The amount representing investment should be received by inward remittance through normal banking channels, or by debit to an NRE / FCNR account of the non-resident investor.
The net amount representing the dividend / interest and maturity proceeds of units may be remitted through normal banking channels or credited to NRE / FCNR account of the investor, as desired by him subject to payment of applicable tax.
Q.Non-Repatriable Basis
The Reserve Bank of India (RBI) has granted a general permission to Mutual Funds to offer mutual fund schemes on non-repatriation basis, subject to the following conditions :
Funds for investment should be provided by debit to NRO account of the NRI/ FII investor. Alternatively, funds may be invested by inward remittance or by debit to NRE / FCNR Account.
No permission of Reserve Bank either by the Mutual Fund or the NRI investor is necessary.
FII Investors. FIIs may pay for their purchases with funds held in a Foreign Currency account or Non-resident Rupee account maintained in a designated branch of an authorised dealer [Clause 3(1) of the Regulations]. Payments may be made by cheques payable at a city where the application is accepted by any Investor Service Centres.
Applications from FIIs should be accompanied by appropriate documentation supporting the status of the FII investor and should be sent to the AMC/ISC , so as to reach them not later than 7 days after the date of the subscription.
Similarly, in case of an application under a Power of Attorney or by an FII, the original Power of Attorney or the relevant resolution/authority to make the application (or a duly notarised certified true copy thereof), along with a certified copy of the Memorandum and Articles of Association and/or bye laws and Certificate of Registration should be submitted to the Mumbai ISC within 7 days from the date of the application. The officials should sign the application under their official designation.
The NRIs/PIOs/FIIs may also be required to furnish other documents needed to process their investments.
Q.Can an NRI invest in foreign currency?
An NRI cannot make the investment in foreign currency. He needs to give us a Rupee cheque from his NRE, NRO bank account in India. He may also send a Rupee cheque from abroad payable in a bank in India. However, for an NRI to invest, it is mandatory that he maintains a bank account in India.
Q.What is the mode of payment for Repatriation and Non-Repatriation Basis?
NRI Investor :
Repatriable Basis. Payments for the purchase of the units may be made by Indian Rupee drafts purchased abroad, or by cheques drawn on the NRE/FCNR Account of the investor, payable at the city where the application form is accepted by any Investor Service Centres.
Non-Repatriable Basis. Payments for the purchase of the units may be made by Indian Rupee drafts purchased abroad, or by cheques / demand drafts drawn on the NRE / FCNR / NRO / NRSR / NRNR account of the investor, payable at the city where the application form is accepted by any Investor Service Centres.
FII Investors. FIIs may pay for their subscription amounts by Indian Rupee drafts purchased abroad, or from funds held in a Foreign Currency account or Non-resident Rupee account maintained in a designated branch of an authorised dealer. The Indian Rupee drafts/cheques should be made payable at a city where the application is accepted by any Investor Service Centres.
Q.Will the fund accept an NRI application with an overseas bank account detail?
No.
Q.How will the redemption proceeds be paid?
Redemption proceeds may be paid by cheque. The cheque will be payable to the first unitholder and will include the bank account number. Alternatively the redemption proceeds may be credited directly to the investor’s (Unit Holder/ First Holder in the folio) bank account. This facility is available with select banks as mentioned in our application forms.
Redemption proceeds/repurchase price and/or dividend or income earned (if any) will be payable in Indian Rupees only. The fund will not be liable for any loss due to exchange fluctuations, while converting the Rupee amount into US Dollar or any other currency.
Q.How can the redemption proceeds be repatriated?
The investments shall carry the right of repatriation of capital invested and capital appreciation so long as the investor continues to be a resident outside India.
In the case of an FII, the designated branch of the authorised dealer may allow remittance of net sale/maturity proceeds (after payment of taxes) or credit the amount to the Foreign Currency account or Non-Resident Rupee account of the FII, maintained in accordance with the approval granted to it by the RBI [Clause 5(i) of the Regulations].
In the case of NRIs:-, where the investment is made out of inward remittance or from funds held in the NRE/FCNR account of the investor, the maturity proceeds/repurchase price of units (after payment of taxes) may be credited to the NRE/FCNR/NRO/NRSR account of the non-resident investor maintained with an authorised dealer in India [Clause 5(ii) of the Regulations].
Q.What about redemption proceeds where investments were made on a non-repatriable basis?
Where the purchase of units is made on a non-repatriable basis, the maturity proceeds/repurchase price of units (after payment of taxes) will not qualify for repatriation and may be credited to the NRO/NRSR account of the non-resident investor [Clause 5(ii) of the Regulations].
Where the investment is made out of funds held in a NRSR account, the maturity proceeds/ repurchase price of units (after payment of taxes) may be credited to the NRSR account maintained by the investor with an authorised dealer in India [Clause 5(ii) of the Regulations].
Similarly, investments in units purchased in Rupees, where the investor was a resident of India and subsequently becomes a non-resident, will not qualify for repatriation of repurchase proceeds of units.
The entire income distribution on the investment will, however, qualify for full repatriation. Investors are advised to contact their banks/tax consultants if they desire remittance of the income distribution on units abroad.
Q.Will you transfer money to an investor's overseas account?
No. Investors need to contact their authorised dealers for this service.
Q.What is the proof of the Tax Deduction at Source?
A TDS certificate is issued in the name of the Unit holder / First holder mentioning the details of the transaction and the tax deducted. The TDS certificate is commonly known as Form16 A.
Q.When will the TDS certificate be issued?
The digitally signed TDS Certificates (Form 16A) are depatched to the investors once in a quarter.
Q.Is the indexation benefit available to NRIs?
Yes, if units are held for more than 12 months i.e. on long-term capital gains.
Q.Are fund units liable to the wealth tax?
No, Units issued to FIIs/NRIs will not be treated as assets as defined under section 2(ea) of the Wealth-Tax Act, 1957 and hence will not be liable to wealth tax.
Q.Can an NRI fax a request followed by the original documents?
No, Units cannot be redeemed or allotted on the basis of fax applications. A request that lacks a valid signature cannot be processed/accepted.
Q.Can a Power of Attorney (POA) invest on behalf of the NRI investor?
Yes, Unlike banks where a POA holder cannot open an account on behalf of the NRI/FIIs, in a mutual fund the POA has the authority to invest on behalf of the investor and sign documents for initial and additional purchases as well as redemptions.
While applying for purchase of units the POA holder needs to submit the original POA or a copy duly notarised should be submitted. The Power of attorney should contain the signature of both the first holder and the POA holder. Only when the POA is registered does the POA holder have the right to transact on behalf of the NRI/FII investor. His signature will be verified for processing any transaction/request.
Q.Is nomination by NRIs allowed in MF Schemes?
Yes, It is allowed only for Individuals.
Q.Can a resident Indian have an NRI as nominee?
Yes, The same rules apply for nominees to resident Indian folio(s). An NRI can be a nominee to an folio(s) which is in the name of a resident Indian.
Q.Where can I get the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2000 and Schedule 5 thereof?
Visit the Reserve Bank of India (RBI) website at http://www.rbi.org.in
