100% FDI in B2B e-commerce India
Effective
from 01 February, 2019
Recently
department of Industrial Policy & Promotion, under the ministry of Commerce
& Industry, attempted review of policy on Foreign Direct Investment (FDI)
in e-commerce to provide clarity to FDI policy on e-commerce sector. They
reviewed Para 5.2.15.2 of the Consolidated FDI Policy Circular 2017 will now
read as under:
5.2.15.2.1
Subject to provisions of FDI Policy, e-commerce entities would engage only in
Business to Business (B2B) e-commerce and not in Business to Consumer (B2C)
e-commerce.
5.2.15.2.2
Definitions:
i) E-commerce: E-commerce means buying and
selling of goods and services including digital products over digital &
electronic network.
ii) E-commerce entity: E-commerce entity means a
company incorporated under the Companies Act 1956 or the Companies Act 2013 or
a foreign company covered under section 2 (42) of the Companies Act, 2013 or an
office, branch or agency in India as provided in section 2 (v) (iii) of FEMA 1999,
owned or controlled by a person resident outside India and conducting the
e-commerce business.
iii) Inventory based model of e-commerce: Inventory
based model of e-commerce means an e-commerce activity where inventory of goods
and services is owned by e-commerce entity and is sold to the consumers
directly.
iv) Marketplace based model of e-commerce: Marketplace
based model of e-commerce means providing of an information technology platform
by an e-commerce entity on a digital & electronic network to act as a
facilitator between buyer and seller.
5.2.15.2.3 Guidelines for Foreign Direct
Investment on e-commerce sector:
i) 100% FDI under automatic route is
permitted in marketplace model of e-commerce.
ii) FDI is not permitted in inventory
based model of e-commerce.
5.2.15.2.4 Other Conditions:
i) Digital & electronic network will
include network of computers, television channels and any other internet
application used in automated manner such as web pages, extranets, mobiles etc.
ii) Marketplace e-commerce entity will be
permitted to enter into transactions with sellers registered on its platform on
B2B basis.
iii) E-commerce marketplace may provide
support services to sellers in respect of warehousing, logistics, order
fulfillment, call centre, payment collection and other services.
iv) E-commerce entity providing a
marketplace will not exercise ownership or control over the inventory i.e.
goods purported to be sold. Such an ownership or control over the inventory
will render the business into inventory based model. Inventory of a vendor will
be deemed to be controlled by e-commerce marketplace entity if more than 25% of
purchases of such vendor are from the marketplace entity or its group
companies.
v)
An entity having equity participation by e-commerce marketplace entity
or its group companies, or having control on its inventory by e-commerce
marketplace entity or its group companies, will not be permitted to sell its
products on the platform run by such marketplace entity.
vi) In marketplace model goods/services
made available for sale electronically on website should clearly provide name,
address and other contact details of the seller. Post sales, delivery of goods
to the customers and customer satisfaction will be responsibility of the
seller.
vii) In marketplace model, payments for sale
may be facilitated by the e-commerce entity in conformity with the guidelines
of the Reserve Bank of India.
viii) In marketplace model, any warrantee/
guarantee of goods and services sold will be responsibility of the seller.
ix) E-commerce entities providing
marketplace will not directly or indirectly influence the sale price of goods
or services and shall maintain level playing field. Services should be provided
by e-commerce marketplace entity or other entities in which e-commerce
marketplace entity has direct or indirect equity participation or common
control, to vendors on the platform at arm’s length and in a fair and non-discriminatory
manner.
Such
services will include but not limited to fulfilment, logistics, warehousing,
advertisement/ marketing, payments, financing etc. Cash back provided by group
companies of marketplace entity to buyers shall be fair and non-discriminatory.
For the purposes of this clause, provision of services to any vendor on such
terms which are not made available to other vendors in similar circumstances
will be deemed unfair and discriminatory.
x)
Guidelines on cash and carry wholesale trading as given in para
5.2.15.1.2 of Consolidated FDI Policy Circular 2017 will apply on B2B
e-commerce.
xi) e-commerce marketplace entity will not
mandate any seller to sell any product exclusively on its platform only.
xii) e-commerce marketplace entity will be
required to furnish a certificate along with a report of statutory auditor to
Reserve Bank of India, confirming compliance of above guidelines, by 30th of
September of every year for the preceding financial year.
Subject to the conditions of FDI
policy on services sector and applicable laws/regulations, security and other
conditionalities, sale of services through e-commerce will be under automatic
route.
3.0 The above decision will take effect from
01 February, 2019.
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