Beneficial Ownership
A New Definitional Anchor
Press Note 2 of 2026 introduces, for the first time in India's FDI policy, a formal definition of "beneficial ownership" aligned with the Prevention of Money Laundering (Maintenance of Records) Rules, 2005. This shifts the restriction from a jurisdiction-based test (where is the investor registered?) to a control-and-ownership test (who ultimately controls the investment?). The 10% non-controlling threshold is assessed on beneficial ownership, not just nominal shareholding.
- Beneficial ownership: Based on PMLA Rules 2005 definition
- Threshold for automatic route: Up to 10% beneficial ownership from LBC, with no controlling interest
- Mandatory reporting: To DPIIT in the format prescribed under the updated SOP
● Tracked since March 11, 2026 · last seen May 05, 2026 · updates as the daily brief publishes
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