NRI: You're an Indian citizen living abroad for over half the year.
**Preceding Financial Year means the financial year, which ended on the last 31st of March**.
PIO: You're a citizen of another country with Indian roots either through yourself, your parents, grandparents, or marriage.
How do I know whether I am a non-resident Indian (‘NRI’) or whether I am Person of Indian Origin (‘PIO’)? and/or I am an Indian passport holder, currently working overseas, is there a requirement of physically being present overseas to be considered as NRI?
NRI for this purpose is defined as a person ‘resident outside India’ who is citizen of India. A person can be an NRI if he/she has gone out of India or stays outside the country for various reasons such as employment, business, vocation or any other circumstances indicating an uncertain period of stay.
Further the term ‘resident outside India’ has been defined indirectly to mean a person who is not resident in India by defining ‘Person resident in India’.
“Person resident in India” is a person residing in India for more than 182 days in the Preceding Financial Year. Preceding Financial Year means the financial year, which ended on the last 31st of March.
Person of Indian Origin (PIO) means a citizen of any country other than Bangladesh or Pakistan who had (a) at any time held Indian passport or (b) he or either of his parents or any of his grandparents was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955 or (c) the person is a spouse of an Indian citizen or a person referred to in (a) or (b).
OCI: You are an OCI if you meet any of the following criteria:
How do I know whether I am an Overseas Citizen of India (‘OCI’)?
By general definition, all OCIs are foreign nationals and are eligble to register as OCI (and obtain OCI Card) subject to the fullfillment of the following conditions
(a) Any person of full age and capacity: -
An OCI being a foreign national. Foreign nationals cannot apply for OCI in India while on Tourist Visa, Missionary Visa and Mountaineering Visa. Moreover, the foreigner has to be ‘ordinarily resident of India’ to be eligible to apply for OCI registration in India. The term 'ordinarily resident' is defined as a person staying in a particular country or in India for a continuous period of 6 months.
The mandatory requirement to be recognized as OCI is to be registered as OCI under Section 7A of the Citizenship Act, 1955. Once recognized, successful applicants will receive an OCI Card issued by Government of India.
To summarise, OCI is a form of permanent residency available to people of Indian origin and their spouses which allows them to live and work in India indefinitely. It allows the cardholders a lifetime entry to the country along with benefits such as being able to own land and make other investments in the country.
Both these terms are related to Indian Citizenship and immigration. The key diffences are as follows:
Foreign nationals who wish to register themselves as OCI can avail of professional service providers who can help them with registration.
As an NRI, Banks are permitted to open/maintain the following Bank Accounts:
If an account holder is maintaining a Resident Bank account (single or joint) prior to him/her becoming NRI, the account holder can covert the existing Bank Account by contacting the Bank for conversion of Resident Account to NRO account by completion of formalities.
As stated earlier An OCI cardholder is a PIO.
Person of Indian Origin (PIOs) are permitted to open and maintain these accounts with authorised dealers and with banks (including cooperative banks) authorised by the Reserve Bank to maintain such accounts.
Account type / Residential Status
| Account Type / Status | Resident Account | NRO | NRE | 
|---|---|---|---|
| NRI | Not-permitted | Permitted | Permitted | 
| PIO | Not-permitted | Permitted | Permitted | 
| OCI | Permitted in certain cases | Permitted | Permitted | 
Note: There are some conditions applicable as to a) who can be eligible to be a joint account holder to such accounts b) Citizens of some countries who are barred from opening accounts etc. Account holders are requested to approach their Bank who will guide them with regard to applicability, if any in this regard.
Similarities:
Key Differences
| NRE accounts | NRO accounts | 
|---|---|
| Balance freely repatriable. Account is tax free from interest earned on balances perspective | Balances repatriable up to INR equivalent of USD 1 Mio per financial year, net of applicable taxes | 
| Permitted credits include a) Inward remittances from outside India b) Income earned on investments made through the NRE Account including maturity value/proceeds c) Transfer from other NRE account | Permitted to credit income originating in India such as salary, rent, interest, dividend etc | 
Service Providers may assist by informally recommending professional firms who can assist NRIs/OCIs in this regard. The investor is expected to approach such professional firms for professional and engage them.
In India, listed securities are shares, debentures, or any other securities that are traded through an exchange. Listing means the admission of securities of a company for trading on a stock exchange.
From NRI/PIO/OCI investor perspective, securities are held in dematerialized form in the account of the Investor opened and maintained with any of the Depository Participant of investor’s choice for any of the two depositories National Securities Depository Limited or Central Depository Services (India) Limited.
Yes. Broadly there are two investment routes available for NRIs and OCIs.
PIS: Non-Resident Indians (NRIs), and Persons of Indian Origin (PIOs) are allowed to invest in the primary and secondary capital markets in India through the portfolio investment scheme (PIS), a scheme of Reserve Bank of India. Under this scheme, NRIs can acquire and trade shares/debentures of Indian companies through the stock exchanges in India. Conditions apply with regard to repatriation / non repatriation as well as percentage investment threshold in the paid-up share capital of the listed company. Banks who offer PIS as a product may charge the investor for such services and may differ from Bank to Bank.
PMS: Portfolio Management Schemes as a product is offered by many a Brokerage firms, investment advisory firms, wealth management firms as well as Banks who are registered with SEBI for such a product offering, act as Portfolio Manager. This product is offered to the investor class who desire to invest in Indian equity market but do not have either the time or expertise to manage the portfolio themselves. There are two types of PMS offered:
Portfolio Managers who are governed by SEBI Regulations often offer different Schemes/Product Plans to potential investor to suit investment strategy, investment objective, risk profile / appetite etc.
Investor is required to pay fees / charges to Portfolio Manager in the form of a) Fixed Charge calculated as a percentage of value/average value of the portfolio over a period/billing period agreed and/or b) Performance-lined charges calculated as a percentage of profit or a fixed amount charged on excess return generated over specified return.
Yes. All Bank, Demat, Trading, Portfolio Accounts are mandatory required to be opened in the name of the Investor. Consequently all securities bought under PMS or PIS Schemes will be held and traded in the name of Investor in an account which will be identified by a unique number.
Depending on the residential status and investment route, Investor will be required to appoint any/all of the following service providers who are regulated by SEBI and/or RBI:
Selection of service provider is a sole responsibility of the investor. It should be noted that Service Providers do have arrangements with other service providers and the products are offered by disclosing the names of other service providers which are preferred.
Each of the Service provider may charge the investor for services/products offered.
We provide below the key role of each of the Service Providers:
Bank: Open and maintain the Bank Accounts for NRE/PIO/OCI and monitor permissible credits and debits depending upon the nature and objective of the account opened. Banks are regulated by Reserve Bank of India.
Bank – Custodian / Non-bank – Custodian: Custodian of Securities means any service provider (which could be a Bank or not a Bank) who is in the business of providing custodial services and is registered under Securities and Exchange Board of India (Custodian) Regulations, 1996. Custodians will typically open and maintain Custody/Safekeeping Accounts for investors to reflect security balances acquired/traded by the investor and will also offer value added services in the form of bespoke reports.
Depository Participants: Or a DP is an agent of the two Depositories in Inda viz. NSDL and CDSL. DPs governed by SEBI, act as intermediaries between a depository and investor facilitating the trading, transfer of ownership and settlement process. DPs open and maintain Demat Accounts in the name of Investors.
Broker – Trading Member of Stock Exchange: All brokers are members of Exchange and are regulated by a specific SEBI Regulation(s). Exchanges offer four types of memberships viz.
Portfolio Manager: A portfolio manager is a body corporate which takes responsibility for management or administration of a portfolio of securities or the client’s funds. Portfolio managers are registered and regulated under specific SEBI Regulations.
Service Providers, if eligible under applicable regulations may offer some or all of Services mentioned above to investors as a composite Product and/or Service.
From Service Providers’ perspective.
Each of the Service Providers will subject the investor to the following stages:
These stages will require the investor will have to provide documents, information as well as in-person verification through physical/electronic means as stipulated by SEBI and/or RBI. While procedure and documentation/information requirement will be similar across service providers, each service provider may have some additional documentation/information requirement which will need to be complied with.
** In-person verification (IPV) is a mandatory process for all intermediaries (i.e. Brokers, Custodians, Portfolio Managers) to establish the individual's identity. Only the IPV performed by a SEBI-approved intermediary will be taken into consideration. Some Service Providers may stipulate certain Investors domiciled in certain jurisdictions (eg. US based NRI) to be physically present in India for execution of documentation.
From Investor perspective:
| Investor | Investment Route / Scheme | Eligible Investment Instrument | 
|---|---|---|
| Resident | Equity Trading | Listed Securities | 
| F&O Trading | Futures and Options | |
| PMS | Listed Securities | |
| Non-resident (Ordinary) | Equity Trading | Listed Securities | 
| F&O Trading | Futures and Options | |
| PMS | Listed Securities | |
| Non-resident Indian | NRE PIS | Listed Securities | 
| NRE PMS | Listed Securities | |
| Foreign National - Natural Person | FPI PMS | Listed Securities | 
| FPI PIS | Listed Securities + Futures & Options | |
| Foreign National - Legal entity | FPI PMS | Listed Securities | 
| FPI PIS | Listed Securities + Futures & Options | |
| Foreign National - Natural Person | FPI PMS | Listed Securities + Futures & Options | 
| Foreign National - Legal entity | FPI PMS | Listed Securities + Futures & Options | 
Prior to commencement of investment as NRI or OCI under any route listed in the previous question, does the investor have to register with any Regulatory or Supervisory Authority in India.
No. Except a foreign national (who is not a NRI or OCI) wishes to invest as a Foreign Portfolio Investor.
| Investor Type | Investment Route / Scheme | Investment | Choice (where to open accounts) typically influenced by | Broker | Custodian | Bank | 
|---|---|---|---|---|---|---|
| Resident Individual / Legal Entity | Equity Trading | Listed Securities | Broker | Trading and Demat Account | Not required | Bank Account OR 3 in 1 (Bank, Trading and Demat) Accounts where such service is offered | 
| F&O Trading | Futures and Options | Broker | Trading Account | Not required | offeredResident Individual /Legal entity F&O Trading Futures and Options Broker Trading Account Not required Bank Account OR 3 in 1 (Bank, Trading and Demat) Accounts where such service is offered | |
| PMS | Listed Securities | SEBI registered Portfolio Manager or Broker who is SEBI registered Portfolio Manager | Required | Trading and Demat Account | Bank Account | |
| Non-resident (Ordinary) | Equity Trading | Listed Securities | Broker | Trading and Demat Account | Not required | Bank Account OR 3 in 1 (Bank, Trading and Demat) Accounts where such service is offered | 
| F&O Trading | Futures and Options | Broker | Trading Account | Not required | Bank Account OR 3 in 1 (Bank, Trading and Demat) Accounts where such service is offered | |
| PMS | Listed Securities | SEBI registered Portfolio Manager or Broker who is SEBI registered Portfolio Manager | Trading and Demat Account | Not required | Bank Account | |
| Non-resident Indian | NRE PIS | Listed Securities | Investor | Trading and Demat Account | Not required but preferred by Brokers | 1 Designated NRE Account to record entries relating to secondary Purchase and Sale | 
| 1 NRE Account for all other entries | ||||||
| 1 Demat Account (if Bank is also a Depository Participant) | ||||||
| Foreign National - Natural Person | FPI PMS | Listed Securities | SEBI registered Portfolio Manager or Broker who is SEBI registered Portfolio Manager | Trading Account | Custody / Safekeeping Account + Demat Account | 1 Bank Account | 
| Foreign National - Legal Entity | FPI PMS | Listed Securities | SEBI registered Portfolio Manager or Broker who is SEBI registered Portfolio Manager | Trading Account | Custody / Safekeeping Account + Demat Account | 1 Bank Account | 
| Foreign National - Natural Person | FPI PIS | Listed Securities + Futures & Options | Investor | Trading Account | Custody / Safekeeping Account + Demat Account | 1 INR Bank Account + 1 FCY Bank Account (optional) | 
| Foreign National - Legal Entity | FPI PIS | Listed Securities + Futures & Options | Investor | Trading Account | Custody / Safekeeping Account + Demat Account | 1 INR Bank Account + 1 FCY Bank Account (optional) | 
| Foreign National - Natural Person | FPI PMS | Listed Securities + Futures & Options | Investor | Trading Account | Custody / Safekeeping Account + Demat Account | 1 INR Bank Account | 
| Foreign National - Legal Entity | FPI PMS | Listed Securities + Futures & Options | Investor | Trading Account | Custody / Safekeeping Account + Demat Account | 1 INR Bank Account |