/ News · FEMA · Updated 2026-10-28
Any Foreign Individual Can Now Buy Listed Indian Shares: FEMA Schedule III Opened Beyond NRIs and OCIs, 10% per person, 24% in aggregate.
Amendments to India's Non-Debt Instruments Rules in 2026 opened the repatriable Schedule III route for listed Indian equity to any individual resident outside India, not just NRIs and OCIs. Each individual can hold less than 10% of a company's paid-up equity, and all such investors together up to 24%. Banks report the investments on Form LEC (Individual Foreign Investor).
Written by CA Durgesh Chavda
Chartered Accountant (ICAI) · Founder, Bharat Quantum Prospera · NRI taxation, US incorporation, transaction due diligence, forensic audit, AEO, cross-border tax · LinkedIn
/ What changed
In plain terms.
- Who: any individual resident outside India, including NRIs and OCIs. A US, UK, Japanese or Singaporean individual can now invest directly through an Indian broker on a repatriable basis.
- What: equity and eligible instruments of listed Indian companies bought on recognised stock exchanges.
- Limits: below 10% of paid-up equity per individual; 24% aggregate for all Schedule III individual investors in a company.
- Breach: an individual crossing 10% must sell the excess within five trading days of settlement, or the whole holding is treated as FDI.
- Money: funds come by inward remittance or from repatriable accounts, through a designated repatriable rupee account used only for these investments; sale proceeds can be sent abroad.
- Reporting: the bank reports purchases and transfers on Form LEC (IFI).
/ What did not change
Restrictions that remain.
- Prior government approval is still needed where ownership or control would pass to entities or citizens of countries sharing a land border with India.
- Sectors that need prior approval for foreign investment still need it.
- Unlisted companies are outside this route; investment there follows the FDI rules.
/ Tax for foreign individual investors
What to plan for.
- Capital gains on listed Indian shares are taxed in India: 12.5% on long-term gains above the annual exemption and 20% on short-term gains, plus surcharge and cess, subject to treaty relief.
- Dividends are taxed in India, with treaty rates available on a Tax Residency Certificate and Form 10F.
- An Indian PAN is needed; Indian returns may be required to claim refunds of excess tax withheld.
Sources: India Briefing: NDI amendment for foreign individuals; TaxGuru: NDI Third Amendment Rules 2026.
Last updated: 28 October 2026. The amendment dates from mid-2026; RBI has also published draft FEMA (Foreign Investment) Rules, 2026 that may replace the NDI Rules. Confirm against the official circular or notification before acting.
/ Ready when you are
Foreign individual investing in Indian shares?
Email durgesh@bharatquantumprospera.com or WhatsApp +91 78018 87130. Fixed-scope quote within 48 hours; work delivered remotely.
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