NRI Founders & Global Indians Building in India.
In short
NRIs and OCIs can invest in most Indian sectors under the automatic FDI route without RBI approval, provided pricing follows FEMA fair-value rules and funds arrive through banking channels. Filings include FC-GPR within 30 days of share allotment. GIFT City IFSC entities can shelter capital gains and dividends for non-resident investors.
Last reviewed: June 2026 · Updated for AY 2026-27
Regi Tom Antony, FCA — a practicing Chartered Accountant who advises NRIs, OCIs and returning founders on the same questions every week. Every page here is drawn from the book and live engagements, not stock copy.
Four layers, designed to compound.
Structure
Choose between LLP, Private Limited and branch / liaison office. We model tax, FDI, and exit implications side-by-side.
Incorporation
MCA filings, DIN/DSC, FEMA-compliant share allotment, FC-GPR reporting. Done in lockstep, not in sequence.
Funding
Inward FDI routing, automatic vs approval route, valuation under FEMA pricing guidelines, FIRC capture.
Ongoing
Annual FLA return, transfer pricing, FEMA audit, repatriation of profits and capital gains.
Four entry types. One playbook.
NRI/OCI founders building from India
SaaS, deeptech, fintech or D2C ventures. We handle entity setup, FDI routing, FEMA pricing and the full founder stack.
Scaling a legacy Indian business globally
Bringing the next generation back to restructure, modernise governance and unlock international growth.
Investing in Indian startups, real assets or JVs
Portfolio and direct investments under the FDI route. Valuation, structuring and clean repatriation from day one.
Captive engineering, finance or ops centres
Standing up Global Capability Centres in India. Entity choice, talent structuring, transfer pricing and profit repatriation.
Wherever you are, we meet you there.
Exploring
You have an idea, capital, or family assets — but no India entity yet. We map the corridor: entity choice, FDI route, tax and exit. You leave with a structured roadmap, not a vague plan.
Ready to incorporate
Structuring is complete. Now we file: MCA, DIN/DSC, FEMA-compliant share allotment, FC-GPR and the first tax registrations. Done in parallel, not sequence.
Operating
The entity is live. We run the monthly compliance machine — bookkeeping, payroll, GST, TDS, ROC — while you focus on product and growth.
Need finance
Fundraise, JV, or exit. We model valuation, FEMA pricing, DTAA, and repatriation mechanics so the deal closes clean and your money moves freely.
Every founder question, mapped.
Angel investing NRI: startup equity
Angel-tax abolition, FEMA routes, valuation, reporting and exit repatriation.
Read →Can an NRI start a business in India?
Eligibility, sector caps, FDI route.
Read →Best structure for NRI founders
LLP vs Pvt Ltd vs branch — modelled.
Read →NRI investment, FDI & FEMA rules
Pricing, FC-GPR, automatic vs approval route.
Read →NRI as director or shareholder
Resident-director rule, dividend treatment.
Read →India entry checklist for founders
First 90-day operating checklist.
Read →Cross-border tax for NRI businesses
DTAA, GAAR, equalisation levy, Section 9.
Read →Advisory here. Execution at SME Advisory.
NRI Blueprint authors the plan: structure, FEMA, FDI route, valuation, exit. SME Advisory — our sister firm — runs the execution machine: incorporation, ROC filings, payroll, GST and Virtual CFO services.
Planning a sale or a move home? The order matters — see founder residency and exit timing before you sign a term sheet or book a flight.
You meet one team. You sign one engagement. We split the work internally so you never have to re-explain the company to another accountant. For the pure incorporation mechanics — resident-director packages, RoC filings and company formation in India for foreign parents — we also work alongside our sister site India Entry Advisory, the group's specialist for market entry.
Primary sources behind this hub.
- DPIIT — Consolidated FDI Policy · sectoral caps, automatic vs government route.
- RBI — FEMA Master Directions · Foreign Investment in India, pricing guidelines, FC-GPR reporting.
- MCA — Companies Act, 2013 · incorporation, director residency (Sec. 149(3)), ROC filings.
- Income-tax Act, 1961 · Sections 9 (deemed accrual), 90 (DTAA), 115A (royalty/FTS), transfer pricing.
Answered, candidly.
- Can an NRI start a business in India?
- Yes. NRIs and OCIs can incorporate Private Limited companies, LLPs (subject to FDI rules), or invest in existing entities under the FDI automatic or government route. Most sectors are open with 100% foreign ownership.
- What is the best business structure for NRI founders?
- A Private Limited Company is the default for venture-backed or scaling businesses — it permits 100% FDI under automatic route in most sectors, supports ESOPs, and is investor-friendly. LLPs work for services with steady cash flow.
- What FEMA/FDI rules apply to NRI investment?
- Investments by NRIs/OCIs on a repatriable basis follow the FDI policy — sectoral caps, pricing guidelines (DCF or comparable), reporting via Form FC-GPR within 30 days, and annual FLA filings.
- Can an NRI be a director or shareholder in an Indian company?
- Yes. NRIs and OCIs can be shareholders without limit and serve as directors. Every company must have at least one director who stayed in India 182+ days in the previous financial year.
- Which sectors are under the FDI approval (government) route?
- Defence beyond the automatic cap, broadcasting content services, print media, multi-brand retail, and certain financial services need prior government approval. Most tech, SaaS, manufacturing and B2B services are 100% automatic-route.
- What is FEMA pricing for share allotment to an NRI?
- Issue price to a non-resident cannot be lower than the fair value determined under internationally accepted methodology (DCF or comparable) certified by a SEBI-registered merchant banker or Chartered Accountant. Exit pricing has its own ceiling.
- How are dividends and capital gains repatriated by an NRI shareholder?
- Dividends from an Indian company to a non-resident are freely repatriable after TDS (subject to DTAA). Capital gains on share sale are repatriable via the NRO/NRE route once tax is settled and Form 145/146 (formerly 15CA/15CB) are issued.
- Do I need a resident director, and what are the compliance basics?
- Yes — at least one director must have stayed in India 182+ days in the previous financial year. Beyond that: annual ROC filings, board meetings, FLA return by 15 July, FC-GPR within 30 days of allotment, and statutory audit.
NRI Founders service
The commercial engagement — entity, FDI, transfer pricing, Virtual CFO.
Open →FEMA service
Account architecture, FC-GPR, Form 145/146 (formerly 15CA/15CB) and compounding.
Open →OCI & FEMA hub
FEMA rules on accounts, repatriation, property and RBI approval.
Open →Return to India hub
Founders eventually move home. Plan the RNOR window first.
Open →Property & Repatriation hub
Move dividends, ESOP proceeds and personal capital cleanly.
Open →Country hubs
DTAA, withholding and corridor-specific rules.
Open →POEM & Company Residence
When a foreign startup gets taxed in India because key decisions happen here.
Open →GIFT City for NRI Founders
80LA holiday, Cat III AIF with all-NR LPs, and the round-tripping red line.
Open →Startup Flips & Share Swaps
Flip as a taxable transfer, residency timing, indirect transfer and reverse flips.
Open →Founder Stock, Sweat Equity & ESOPs
Section 17 (earlier section 17(2)), Section 392 (earlier section 192(1C)) deferral and 12.5% LTCG on unlisted secondaries.
Open →Founder Residency & Exit Timing
Sequence the sale and the move — RNOR window and the Rs 15 lakh / 120-day trap.
Open →Cross-Border IP & Royalty Structures
Section 207 (earlier section 115A) 20% withholding, treaty rates with TRC/Form 41 (earlier Form 10F), PE and transfer pricing.
Open →Founder Succession & ESOP Trusts
Heirs' OCI status, US/UK estate-tax overlay and avoiding a frozen cap table.
Open →Succession planning for NRIs
Founder shareholding, family trusts and cross-border heirs.
Open →Ready to plan? Book a consultation with Regi.
A 15-minute NRI Tax Discovery Call to scope your situation and the right next step.
The NRI Blueprint briefing.
One email a fortnight. Corridor updates, deadline alerts, and one written framework worth your inbox.