A New Zealand-based NRI or OCI holder can invest in an Indian company or LLP on a repatriation basis, treated as foreign investment with pricing and reporting rules, or on a non-repatriation basis, treated like domestic investment. We check the business, negotiate a shareholders agreement that protects you from New Zealand and make sure FEMA filings are completed so your money can come back.
- Document route
- New Zealand notary public, then apostille from the Department of Internal Affairs
- Time difference
- New Zealand is 6h30 (NZ winter) to 7h30 (NZ summer) ahead of IST
- Law
- FEMA 1999 and NDI Rules 2019
- Routes
- Repatriable (Schedule 1) or non-repatriable (Schedule 4)
Legal Advisory for NRI Investors from New Zealand: how it works
We talk through your goals and choose the route. Due diligence covers the company's MCA filings, share capital history, charges, litigation, GST and income tax compliance, and ownership of key assets. If the business is a partnership or proprietorship, we often recommend incorporating it before you invest so that your stake is documented and protected. A plain-language report sets out the risks.
The documents we negotiate for New Zealand investors give you regular financial information, a veto over fresh share issues and large borrowings, a seat or observer role on the board with meetings by video, first refusal on new shares, a clear exit route and online arbitration seated in India. Repatriable money comes from New Zealand or your NRE account and the company files Form FC-GPR within 30 days. We remain your legal contact in India after the investment, reviewing annual accounts and board papers so that you can spot problems early, and advising on how your holding is treated if you later return to India.
What clients in New Zealand should know
- Dividends and gains from Indian shares are taxable in India and may also be taxable in New Zealand, with credit for Indian tax.
- Investment in agriculture, plantations and real estate business is barred for NRIs and OCI holders.
- Keep bank remittance advices for every investment; they are needed to repatriate proceeds later.
Step by step from New Zealand
Video consultation
A call at a time that suits New Zealand, after we have read your documents.
Documents signed in New Zealand
New Zealand notary public, then apostille from the Department of Internal Affairs
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in New Zealand where needed.
The full guide
This page covers what changes when you are in New Zealand. For the law, the documents and the step-by-step procedure, read our main page on Legal Advisory for NRI Investors, or see all services for clients in New Zealand and the Doing Business in India practice area.
Questions from clients in New Zealand
Can I invest in my family's partnership firm?
On a non-repatriation basis, yes, subject to sector rules. A company or LLP gives clearer protection.
Can I be a director from New Zealand?
Yes. Once you hold a director identification number and a digital signature, you can attend board meetings from New Zealand by video.
What does the company have to file?
For repatriable money, the company reports the share allotment to the RBI within 30 days and then files a yearly return of its foreign liabilities and assets.