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Setting Up Wholly Owned Subsidiaries Abroad

By Ramadevi R. Iyer

Published In

clc 2007

Direct Investments outside India can, inter alia, be in the form of setting up a Joint Venture (JV) or a Wholly Owned Subsidiary (WOS). This Article seeks to cover the different routes for investing abroad, the statutory basis for overseas investments, authorities governing Wholly Owned Subsidiary Abroad and the requirements for disinvestment. ‘Wholly Owned Subsidiary abroad’ means a foreign concern formed, registered or incorporated in accordance with the laws and regulations of the host country whose entire equity share capital is owned by the Indian party.  In this context, foreign concern means Joint Ventures and Wholly Owned Subsidiaries Abroad and host country means the country in which the foreign entity receiving the direct investment from an Indian party is registered or incorporated.  The essential difference between WOS abroad and Joint Venture is that in case of WOS abroad, the entire equity holding is owned by the Indian party, whic ....

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