What FDI compliances apply to a foreign subsidiary?

Short answerA foreign subsidiary must price its shares per FEMA pricing guidelines (backed by a valuation), receive funds through banking channels, report the investment to the RBI in Form FC-GPR within 30 days of allotment, and file the annual FLA return. Sector caps and the automatic vs approval route also apply.

FC-GPR + valuation + FLA

Valuation-backed pricing, FC-GPR within 30 days, and the annual FLA return to the RBI.

Sector route and caps

Most sectors are 100% automatic; some have caps or need approval. Check your sector.

The reporting calendar and getting pricing right

FDI compliance is mostly about pricing and timely reporting. When a non-resident subscribes to or is allotted shares, the price can’t be below the fair value worked out under the FEMA pricing guidelines, supported by a valuation from a registered valuer or merchant banker for anything beyond face value at incorporation; the funds must arrive through banking channels with a clear foreign-inward-remittance trail. The allotment is then reported to the RBI on the FIRMS portal in Form FC-GPR within 30 days of allotment — late filing attracts a Late Submission Fee. Every year, an Indian company with foreign investment files the FLA (Foreign Liabilities and Assets) return by 15 July. If shares later move between a resident and a non-resident, that transfer is reported in Form FC-TRS, again within 30 days. Downstream investment, and certain other events, have their own forms. Over all of this sits the sector policy: most sectors are 100% automatic, but some have equity caps, minimum capitalisation, or need government approval, and getting that wrong is harder to unwind than a late form. Keeping a simple FDI calendar — FC-GPR on allotment, FLA each July, FC-TRS on transfers — and confirming the sector route up front keeps the company clean with the RBI.

Talk to CA Vijay R Singh

Need help with your subsidiary's FDI filings? You can message him directly, or book a short call to talk through your situation.

This answer is general information for founders, not tax or legal advice. Tax rates, thresholds and forms change with each Finance Act — please confirm the current position for your own facts, or speak to us, before acting.

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