India Entry Series · Part 06

Navigating the approval route

Foreign direct investment is a significant channel for capital entering the Indian economy. While many sectors are open under the automatic route, strategic sectors and certain categories of investor require prior government approval under the approval route.

This article focuses on the approval route. It sets out the procedure for handling FDI proposals on the approval route, based on the Standard Operating Procedure (SOP) issued by the Department for Promotion of Industry and Internal Trade (DPIIT) on May 4, 2026.

I. When the approval route applies

Investments in the following cases, among others, generally require government approval:

  • sectors such as defence, telecom, civil aviation, satellites, mining, private security, and print media;
  • foreign investment from entities or individuals based in countries sharing a land border with India1.

II. The filing procedure (SOP dated May 4, 2026)

StepAction
Step 1Applications are submitted online through the National Single Window System (NSWS), integrated with the Foreign Investment Facilitation Portal (FIFP).
Step 2All required documents are uploaded digitally. The list is set out in Annexure I to the SOP and includes the shareholding pattern, KYC documents, and investment details.
Step 3A Security Clearance Form is submitted for sensitive sectors2, or for investors from countries sharing a land border with India. The format is set out in Annexure II to the SOP.
Step 4DPIIT forwards the application to the relevant administrative ministry or department within two days.
Step 5The application is also sent to the Reserve Bank of India, the Ministry of External Affairs, and the Ministry of Home Affairs (where security clearance is required) for consultation or information, as applicable.
Step 6Ministries and departments raise queries or seek additional information or documents through the FIFP.
Step 7The final decision is taken by the concerned ministry, or escalated to the Cabinet Committee on Economic Affairs (CCEA) for high-value proposals3.

III. Indicative timeline (Annexure V of the SOP)

Action pointTime periodCumulative
DPIIT forwards the proposal to the relevant ministries2 days
Initial scrutiny and additional document requests12 days2 weeks
Submission of clarification by DPIIT on specific FDI-policy issues2 weeks4 weeks
Submission of comments by the MHA, MEA, RBI, any other consulted ministry or department, regulator, or stakeholder6 weeks8 weeks
Approval of the proposal4 weeks12 weeks

An additional two weeks is available to the DPIIT for examining proposals that are to be rejected, or where the Competent Authority intends to impose additional conditions. The stated time limits also do not include the time taken by applicants to address deficiencies or to furnish additional information sought by the Competent Authority.

IV. Post-approval requirements

Where the investment is in an entity that is yet to be incorporated, the applicant must submit the Certificate of Incorporation, along with the charter documents (the Memorandum and Articles of Association) of the investee company, to the Competent Authority within 60 days of receiving the approval letter.

Once the first audit cycle of the newly incorporated investee is complete, the applicant must also submit the audited financial statements to the Competent Authority.

In effect, where the proposal is for an entity yet to be incorporated, incorporation must be completed within 60 days of government approval. Timely incorporation is essential to remain compliant with the post-approval requirements.

Other post-approval compliances are as follows:

Compliance requirementTimeline
Receipt of funds through an authorised dealer bank
Share allotmentWithin 60 days of receipt of funds
Filing of FC-GPR (FIRMS portal)Within 30 days of share allotment
Filing of PAS-3 with the MCAAs required under the Companies Act
FLA ReturnBy 15 July annually

V. Closure, withdrawal, and amendment

  • Proposals may be closed, after due reminders, where they are not properly submitted.
  • Applicants may withdraw an application by written request.
  • Amendments to approvals do not require a fresh application.
  • A corrigendum may be issued for typographical errors.

VI. Final note

The DPIIT SOP is intended to ensure that FDI proposals requiring approval are processed transparently and efficiently, in coordination with sectoral regulators and ministries. A timely response to queries, and adherence to the compliance timelines, are critical to navigating the approval process.

Notes

  1. Press Note 3 of 2020, dated 17 April 2020, read with the Foreign Exchange Management (Non-Debt Instruments) Amendment Rules, 2020, dated 22 April 2020.
  2. Investments in broadcasting; telecommunication; satellites (establishment and operation); private security agencies; defence; civil aviation; and mining and mineral separation of titanium-bearing minerals and ores, its value addition, and integrated activities.
  3. Where a proposal involves total foreign equity inflow of more than ₹5,000 crore, the Competent Authority places it before the CCEA for consideration.

To discuss an FDI proposal under the approval route, or any aspect of your India entry, talk to us.

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Disclaimer: This article is for general information only and does not constitute advice. Please speak to your advisor before acting on any of it. CorpNinja Advisors accepts no liability for any loss arising from action taken on the basis of this article.

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