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An explanation of the governments relaxation of FDI regulations for foreign companies with a minor shareholding in China or Hong Kong

New Delhi: On May 1, 2026, India cautiously relaxed its foreign direct investment (FDI) regulations, allowing foreign businesses with up to 10% Chinese or Hong Kong shareholding to invest in India under the automatic method.
This easing was being demanded by a number of domestic and international businesses, industry groups, experts, and startups.
To comprehend the problem and significance of FDI, consider the following queries and responses:
FDI, or foreign direct investment:
It refers to long-term, direct or indirect investments made by a foreign company in an Indian company. Ownership, some control, and management influence are all involved. For instance, a foreign company establishing a factory or purchasing stock in an Indian business.The Foreign Exchange Management Act (FEMA) governs this. The RBI oversees and carries out FEMA regulations, while the Department for Promotion of Industry and Internal Trade (DPIIT) serves as the point of contact for policy matters.
Conversely, the Securities and Exchange Board of India (SEBI) regulates foreign portfolio or institutional investment (FPI/FII). It entails overseas investors making unmanaged investments in Indian stocks, bonds, and mutual funds. Due to its rapid inflow and outflow, the investment is for a short to medium term.

IMPORTANCE
To increase economic growth and generate jobs, India needs to make significant investments in industries like manufacturing, services, and infrastructure. Both the rupee's value and the balance of payments are preserved by strong inflows. In addition to money, it delivers skills, technology, and international best practices that boost competitiveness and productivity.
Leading investors:
Together, Mauritius and Singapore accounted for 49% of India's total foreign direct investment between April 2000 and December 2025. The United States (10 percent), the Netherlands (7 percent), Japan (6 percent), the United Kingdom (5 percent), the United Arab Emirates (3 percent), and the Cayman Islands, Cyprus, and Germany (2 percent each) come next.

Important sectors:
The services industry (finance, banking, insurance, non-financial/business, outsourcing, R&D, courier, tech, testing and analysis; computer software and hardware; trade; telecom; auto; construction (infra activities); pharma, non-conventional energy; and chemicals) is where India mostly draws foreign direct investment.
DATA TO DATE:
Fresh equity: USD 776.75 billion between April 2000 and December 2025; total foreign direct investment (FDI) (including equity inflows, reinvested earnings, and other capital): USD 1.14 trillion.
INVESTMENT PATHS:
In most industries, foreign direct investment (FDI) is permitted automatically (no prior government approval, simply sectoral norm compliance, and post-investment reporting to the RBI); nevertheless, government clearance is necessary in several industries, including telecom, media, insurance, and pharmaceuticals.

SECTORS PROHIBITED:
industries such as lotteries, gambling and betting, chit funds, nidhi companies, and the production of tobacco or tobacco alternatives, cigars, cheroots, cigarillos, and cigarettes.
2020 PRESS NOTE 3:
Through press releases, DPIIT announces modifications to FDI standards.
On April 17, 2020, the government changed the FDI Policy through Press Note 3 (2020) to prevent opportunistic takeovers and acquisitions of Indian enterprises as a result of the COVID-19 outbreak. There were worries that Chinese companies may take advantage of market misery brought on by the epidemic to buy Indian companies for cheap.According to the PN3, an entity from any of the following nations—China, Pakistan, Bangladesh, Nepal, Bhutan, Myanmar, Afghanistan, or any country whose the beneficial owner is from any of these nations—may only make investments in India through the government channel, regardless of the industry.
Furthermore, prior government clearance is required for any transfer of ownership of current or future foreign direct investment (FDI) in an Indian firm that causes the beneficial ownership to move to any of these nations.
To examine applications under PN3, an interministerial committee was established.
As India-China ties worsened after the Galwan Valley skirmishes in 2020, the clause gained significance. WeChat and TikTok are two of the Chinese mobile apps that India has prohibited.

QUESTIONS:
Some expressed worry that even international businesses with a minority stake in these nations would have to apply for permission before making an investment in India, which would cause delays.
The government claims that applying PN3 limits to situations in which investors from these nations might only have non-strategic, non-controlling interests will negatively impact investment flows from investors, particularly international funds like PE/VC funds.

The decision made by the cabinet on March 10, 2026:
Subject to applicable sectoral requirements, foreign entities (existing outside of these seven countries) with a Chinese/Hong Kong shareholding of up to 10% (or non-controlling stake) will be able to invest in India in industries where FDI is allowed under the automatic route. However, businesses and investors from these seven nations are not eligible for this waiver.
The Prevention of Money Laundering Rules, 2005 provided the definition and standards for determining "Beneficial Owner." The investee entity must provide pertinent information to DPIIT about such investments.Additionally, the cabinet resolved to give investors from these nations fast clearance (within 60 days) for certain industries and activities related to manufacturing capital goods, electronic capital goods, electronic components, polysilicon, and ingot-wafer.
However, in these situations, resident Indian citizens and/or resident Indian entities owned and controlled by resident Indian citizens shall always possess the majority of the shares and control of the Investee firm.

March 16, 2026:
Changes were reported by the DPIIT. The notification said, "The expression 'beneficial owner' of an investment in India will mean the beneficial owner of the investor entity incorporated or registered in a country other than a country which shares a land border with India".
A controlling ownership interest is defined by a PMLA rule as possessing or being entitled to more than 10% of the company's shares, capital, or profits.
May 1st, 2026:
The Foreign Exchange Management (Non Debt Instruments) Rules 2019 were amended by the finance ministry to notify the modifications in PN 3.FDI from China:
With just 0.32 percent (USD 2.51 billion) of the total FDI equity inflow registered in India between April 2000 and December 2025, China is ranked 23rd.