India: Foreign Investment In India — Pension Sector

Last Updated: 2 November 2012
Article by Hemant Goyal and Hemant Goyal

Article by Hemant Goyal & Jitender Jain1

1. The Indian government in continuation of its economic reforms decision has proposed the foreign direct investment ("FDI") to the extent of 49% in insurance sector besides opening the pension sector for FDI on par with the insurance sector2. The Pension Fund Regulatory and Development Authority Bill 2011 ("PFRDA Bill") to implement this decision will be moved in the next (winter) session of the Parliament. The decision to opening the pension sector for FDI is widely welcomed by the business associations like FICCI, ASSOCHAM and CII. It is expected that PFRDA Bill will become a law in next session of Parliament.

2. SALIENT FEATURES OF PFRDA BILL: The salient features of PFRDA Bill are as under:

(a) Establishing a statutory regulatory body to be called the Pension Fund Regulatory and Development Authority ("PFRDA") which will undertake promotional, developmental and regulatory functions in respect of pension funds.

(b) Empowering the PFRDA to regulate the National Pension System ("NPS"), as amended from time to time.

(c) Empowering the PFRDA to perform promotional, developmental and regulatory functions relating to pension funds (including authorising and regulating intermediaries) through regulations or guidelines, prescribing the disclosure standards, protecting the interests of subscribers to schemes of pension funds.

(d) Authorising the PFRDA to levy fees for services rendered, etc., to meet its expenses.

(e) Empowering the PFRDA to impose penalties for any violation of the provisions of the PFDRA Bill (when it becomes law) and rules, regulations, etc. to be issued thereunder.

(f) To establish a vibrant pension advisory committee with representation from all major stakeholders to advise the PFRDA on important matters of framing of regulations under the PFRDA Bill.

(g) Registration of all intermediaries operating in the pension sector.

(h) The membership of the PFRDA will be confined to professionals having expertise in economics, finance or law only.

(i) FDI upto 26% or such percentage as may be approved for the insurance sector, whichever is higher, is to be incorporated in the PFRDA Bill. Thus if insurance amendment bill is passed to allow 49% FDI, the pension sector will automatically have 49% FDI.

3. FDI IN PENSION SECTOR: As per para 6 of statement of objects and reasons of the PFRDA Bill, FDI for pension sector intermediaries may be determined and notified in the PFRDA BILL and outside the Foreign Exchange Management Act, 1999 in line with other financial sectors in India.

4. OPPORTUNITIES FOR FOREIGN INVESTOR IN PENSION SECTOR: As per clause 2(g) of the PFRDA Bill, "intermediary includes pension fund, central recordkeeping agency, National Pension System Trust (means the Board of Trustees who hold the assets of subscribers for their benefit), pension fund adviser, retirement adviser, point of presence (means an intermediary registered with the PFRDA under section 26(3) as a point of presence and capable of electronic connectivity with the central recordkeeping agency for the purposes of receiving and transmitting funds and instructions and pay out of funds) and such other person or entity connected with collection, management, recordkeeping and distribution of accumulations. Therefore, pension sector will offer huge opportunities to foreign investor in India besides helping Indian economy to grow, offering better investment options & services to the consumers and more employment opportunities in India.

5. CONCLUDING REMARKS: In last one year or so, economic growth in India has slowed. The fiscal deficit was increasing and inflation (including food inflation) was high. There is huge need for capital in infrastructure sector which is to be mobilised through private investments. It is suggested by various researches/studies that FDI in pension sector will not only help in raising funds for capital intensive pension industry which requires huge capital but it will also enhance the funds available for investment in other sectors specially the infrastructure sector which requires huge funds over next five years to stimulate the Indian economic growth. Besides this, FDI and PFRDA Bill will ensure entry of international market players who will bring specialised products and services in the pension industry to make it more attractive, competitive and consumer friendly.

6. ABOUT US: Global Jurix LLP, Advocates & Solicitors, India ( is full services law firm providing legal services in the fields of the corporate & commercial laws, corporate litigation & arbitration and intellectual property rights. Global Jurix LLP advises in all the sectors including Banking & Financial Services; Power; Infrastructure & Real Estate; Hospitality & Leisure; Social Sector including Foreign NGO; Education; Trading, Retail & Franchising; IT & Outsourcing; Technology, Media & Telecom; and Manufacturing, Consumer Products & Industrial Products.

7. FEEDBACK/QUERY: You may direct your queries, comments or feedback to us at

8. DISCLAIMER: This article is an inclusive write up and is not exhaustive. This article, if circulated, will be only for general information purpose and under any circumstances, the contents of this article should not be construed as legal advice. The authors are not to be responsible for the correctness, completeness or quality of the information provided in this article. Liability/claims of any nature whatsoever caused by the use of any information provided in this article including any kind of information which is incomplete or incorrect will therefore be rejected.


1 Authors are partners of Global Jurix LLP, Advocates & Solicitors, India (

2 If FDI limit in the insurance sector is not enhanced to 49%, then FDI in the pension sector will be 26% at par with the insurance sector.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.