Which Act governs foreign exchange transactions, including foreign investment, in India today?
- A.FERA, 1973
- B.FEMA, 1999
- C.The Companies Act, 2013
- D.The SEBI Act, 1992
Correct answer
Explanation
The correct answer is B, the Foreign Exchange Management Act, 1999, which came into force in 2000 and governs all dealings in foreign exchange, including inward and outward investment. Option A is wrong because the Foreign Exchange Regulation Act of 1973 was the earlier, far stricter law that FEMA replaced; it treated foreign exchange as a scarce resource and a violation as a criminal offence, while FEMA manages it with civil penalties. Option C is wrong because the Companies Act, 2013 governs the incorporation and running of companies, not the exchange side of an investment. Option D is wrong because the SEBI Act, 1992 created the securities market regulator, which registers portfolio investors but does not govern foreign exchange itself. Remember the shift the name itself records: regulation gave way to management, and the Reserve Bank now administers the Act while the sectoral policy comes from the commerce ministry.
Read the full article: FDI and FPI in India: Routes, Rules and Key Terms
Practice Questions
View allForeign Direct Investment differs from Foreign Portfolio Investment mainly because FDI
- A.is made only by governments
- B.gives the investor a lasting interest and a say in management
- C.is routed through the current account of the balance of payments
- D.can be withdrawn on any trading day
Show answer
Explanation
The correct answer is B. Foreign direct investment is made to acquire a lasting interest in an enterprise abroad, conventionally measured as ten per cent or more of the voting power, and with it comes a say in how the company is run; portfolio investment buys shares and bonds without any such control. Option A is wrong because the investor in FDI is usually a company, and governments are only one kind of investor. Option C is wrong because both FDI and FPI are recorded in the capital or financial account of the balance of payments, not the current account, which records trade and income. Option D is wrong because it describes portfolio investment, the hot money that can leave on a single trading day, while direct investment sits in plant and machinery and cannot be reversed quickly.
The Consolidated FDI Policy of India is issued by
- A.the Reserve Bank of India
- B.the Securities and Exchange Board of India
- C.the Department for Promotion of Industry and Internal Trade
- D.the Ministry of Finance
Show answer
Explanation
The correct answer is C, the Department for Promotion of Industry and Internal Trade, a department of the Ministry of Commerce and Industry, which was known as the Department of Industrial Policy and Promotion until it was renamed in 2019. Option A is wrong because the Reserve Bank of India administers the exchange side under FEMA and receives the reporting of inflows, but it does not frame the sectoral policy. Option B is wrong because the Securities and Exchange Board of India regulates portfolio investors and the securities market. Option D is wrong because the Ministry of Finance deals with taxation, the budget and financial sector legislation, while the sectoral caps and routes for direct investment come from the commerce ministry's department. The circular is reissued from time to time with the caps and routes for every sector, so an aspirant should read the latest one rather than an old table of percentages.
The Foreign Investment Promotion Board, which used to clear foreign investment proposals, was abolished in
- A.2014
- B.2015
- C.2017
- D.2019
Show answer
Explanation
The correct answer is C, 2017. The Foreign Investment Promotion Board was wound up and its work handed to the administrative ministries concerned, which now receive applications through the Foreign Investment Facilitation Portal. Option A is wrong because 2014 is the year the Securities and Exchange Board of India created the single class of foreign portfolio investors by merging foreign institutional investors, their sub-accounts and qualified foreign investors. Option B is wrong because 2015 is remembered in this chapter for the Make in India campaign gathering pace rather than for the Board. Option D is wrong because 2019 is the year the Department of Industrial Policy and Promotion was renamed the Department for Promotion of Industry and Internal Trade, a change of name that often appears in the same set of questions.
Under the automatic route of FDI
- A.prior approval of the Reserve Bank of India is needed
- B.prior approval of the administrative ministry is needed
- C.no prior approval of the government or the RBI is needed
- D.investment is capped at twenty-six per cent in every sector
Show answer
Explanation
The correct answer is C. Under the automatic route the foreign investor needs no prior permission from either the government or the Reserve Bank of India; the Indian company simply reports the inflow and the issue of shares to the Reserve Bank within the prescribed time. Options A and B are wrong because prior approval is the feature of the other route, the government or approval route, where the application goes to the administrative ministry concerned through the Foreign Investment Facilitation Portal. Option D is wrong because the automatic route carries no single cap: the cap depends on the sector, and in a great many sectors the whole of the equity is open under this route, while a few sectors carry a lower cap or require approval beyond it.
In which of the following is Foreign Direct Investment prohibited in India?
- A.Insurance
- B.Lottery business
- C.Telecom services
- D.Single brand retail trading
Show answer
Explanation
The correct answer is B, the lottery business. The FDI policy lists a small set of prohibited activities: the lottery business, gambling and betting including casinos, chit funds, Nidhi companies, trading in transferable development rights, real estate business and the construction of farm houses, the manufacture of cigars, cheroots and cigarettes, and activities closed to private investment such as atomic energy and railway operations. Options A, C and D are wrong because insurance, telecom services and single brand retail trading are all open to foreign investment, each with a cap and a route set out in the policy circular, and those caps have been raised over the years. The trap in this question is that the permitted sectors are the ones most often in the news.