India's 2020 FDI restrictions created an unintended capital problem. Here's the nuanced fix that could unlock billions in global funding for Indian startups and PE.
Team Sahi
In 2020, India did something that felt drastic but necessary.
It drew a hard line around foreign money coming in.
If an investor had any connection to a country sharing a land border with India, that money had to go through government approval. It didn't matter whether the stake was meaningful or microscopic. Even a single share linked to China, Bangladesh, or any neighbouring country triggered scrutiny.
At the time, this strategy made sense. The world was in chaos, markets had crashed due to the pandemic, and there was a real fear that distressed Indian companies could be quietly acquired by foreign players at throwaway prices. So India chose caution over convenience.
But fast forward to today, and that same rule had started creating a different kind of problem.
Not a security problem, but a capital problem.
And now, India has decided to fix it.
The Department for Promotion of Industry and Internal Trade (DPIIT) notified a revision to India's foreign direct investment policy in early 2026. The headline change is straightforward: overseas companies with up to 10% Chinese shareholding can now invest in India through the automatic route, meaning they no longer need prior government approval.
But this relaxation comes with clear boundaries.
The investing company itself must not be incorporated in China, Hong Kong, or any other country that shares a land border with India. And even when the automatic route applies, investments must still comply with sectoral caps, conditions, and reporting requirements.
So this is not a blanket opening; it is a very specific recalibration.
To understand why this matters, you need to look at how global capital actually works today.
Take a typical venture capital fund. It is rarely funded by investors from just one country. A fund based in Singapore or the US might pool capital from pension funds, family offices, and institutional investors across multiple geographies. A small portion of that capital could easily come from Chinese investors.
Here's a concrete example of what the old rule looked like in practice.
Imagine a Singapore-based fund with $500 million under management, of which $8 million, less than 2%, comes from a Chinese sovereign wealth fund. Under the 2020 rules, this fund needed government approval before it could back a single Indian startup. Not because China controlled the investment. Simply because Chinese capital was present somewhere in the ownership chain.
For a founder in the middle of a funding round, this meant months of delay. For a fund managing dozens of simultaneous deals, it meant India became the complicated market, the one that needed extra legal time and resources.
This blurred an important distinction: the difference between ownership and control.
India wasn't exactly flooded with Chinese capital to begin with. China's share in India's total FDI inflows has been less than 1% over the last two decades, a negligible figure in absolute terms.
So the issue was never about large volumes of Chinese money entering India.
Instead, the rule ended up slowing down investments from global funds that happened to have minor Chinese exposure. Venture capital deals got delayed. Private equity transactions became more complex. Some investors chose to avoid India rather than deal with regulatory uncertainty.
In trying to block potential risks, India had unintentionally made it harder for itself to attract global capital.
This is where the new rule steps in.
By allowing up to 10% Chinese shareholding under the automatic route, the government is drawing a line between passive and meaningful ownership.
The threshold is not arbitrary. It mirrors how India defines "beneficial ownership" under the Prevention of Money Laundering Act (PMLA), 2002, as amended in 2023, where a beneficial owner is someone who directly or indirectly holds more than 10% of a company or has the ability to exercise significant control over it.
The policy draws a consistent line.
Below 10%, ownership is treated as passive.
Above 10%, it may imply influence, and that is where government scrutiny begins.
But the bigger story is not the threshold itself.
It is the shift in thinking.
Earlier, India's approach was binary. Any connection to a land-border country flagged an investment. There was no attempt to distinguish between a passive minority investor and an entity actually calling the shots.
Now, the focus has moved to identifying the beneficial owner, the entity that ultimately controls the investment, not just the one that appears on a cap table.
DPIIT has clarified that the term "beneficial owner" refers to the ultimate controlling interest in the investing entity, provided that entity itself is not based in a land-border country.
India is no longer asking, "Is there Chinese money here?"
It is asking, "Who is actually in control?"
It is important to understand what this policy does not do.
Direct investments from entities incorporated in China, Hong Kong, or other neighbouring countries still require government approval.
Compliance requirements remain in place. Investments must still adhere to sectoral caps, and they must be reported under the Foreign Exchange Management Act (FEMA), 1999.
The government retains full oversight through existing reporting mechanisms.
The system is becoming more flexible, not more lenient.
The timing is not accidental.
In 2020, India was in defensive mode. The goal was to protect domestic companies during a global crisis.
By 2026, the focus has shifted to growth.
Part of the context here is diplomatic. India and China have been gradually rebuilding their bilateral relationship since late 2024, following military disengagement at the Line of Actual Control in eastern Ladakh and resumed foreign minister-level dialogue. That diplomatic thaw has created space for policy recalibration on both sides.
At the same time, India needs capital to fund its ambitions in manufacturing, semiconductors, infrastructure, and technology. Global capital does not come neatly packaged by nationality. If India keeps its rules too rigid, funds will simply allocate to other markets.
This change reflects an attempt to strike a balance, acknowledging that national security concerns remain real while recognising that overregulation carries its own economic cost.
Startups are likely to feel the impact first, particularly those in sectors like deep tech, electric vehicles, and fintech — areas where cross-border VC activity is most concentrated.
Venture capital thrives on speed and certainty. Under the old regime, even minor Chinese exposure in a fund could delay a funding round by months. Now, many of these investments can proceed without prior approval, cutting through what had become a predictable bottleneck.
Private equity funds also stand to gain. These funds manage large, globally sourced pools of capital. The earlier rules forced them to navigate complex compliance requirements or restructure their LP base entirely. With the 10% threshold in place, investing in India becomes simpler and more predictable.
Over time, this could meaningfully improve capital inflows into sectors that depend heavily on institutional funding.
At first glance, this looks like a minor regulatory adjustment.
But it quietly fixes a friction point that had been building since 2020.
The harder question now is whether India will extend similar flexibility further, particularly to direct investments from neighbouring countries, which still face the full approval process. That is a more politically sensitive question, and one India is not ready to answer yet.
For now, the focus shifts from blanket restriction to targeted oversight. It is a more mature framework for a more ambitious economy.