Tag: FDI
-
Consolidated FDI Regime Operational
[Posted by Umakanth Varottil] As we had discussed in December 2009, the Government had proposed a draft master press note to consolidate the regime relating to foreign direct investment (FDI). The consolidation exercise has now fructified with the issue of the Consolidated FDI Policy (Circular 1 of 2010), which takes effect from April 1, 2010.…
-
Legal Risks and Financial Sector; Capital Controls
[Posted by Umakanth Varottil] Recent developments in the financial sector have witnessed a sea-change in the nature of legal risks faced by banks and financial institutions. Regulators, banks and financial institutions, as well as their legal advisors (both in-house and external) are required to constantly keep pace with the change. In that context, a recent…
-
FDI Guidelines to Apply to LLPs
[Posted by Shantanu Naravane] Several posts here have discussed the introduction of the concept of Limited Liability Partnerships (“LLPs”) in India, and its treatment under the Indian legal regime. In another interesting development, the Government is now planning to bring LLPs into the scope of the FDI regime, in order the streamline the establishment of…
-
FDI from Cayman Islands: Recent Changes
[Posted by Umakanth Varottil] In an article titled “Investing in India: How Recent Developments in the Cayman Islands Facilitate Inbound Investment”, Chetan Nagendra examines two recent events: Cayman Islands’ acceptance as a full member of IOSCO and its recognition in the ‘white list’ of jurisdictions that have substantially implemented the OECD tax standard. He notes…
-
FDI in the Small Scale Sector
[Posted by Umakanth Varottil] Historically, there have been limited options for small-scale undertakings in India to obtain FDI. For instance, FDI was limited to 24%. FDI beyond this limit was permissible only if the unit deregistered itself as a small-scale unit. This policy has been relaxed by way of Press Note 6 of 2009, which…
-
Electoral Verdict to Spur Reforms
[Posted by Umakanth Varottil] With the return of the Congress government to power and with Dr. Manmohan Singh set to continue as Prime Minister, corporate India is likely to witness a series of reforms in the near future. Unlike the previous stint where the Government was hamstrung by coalition politics (but nevertheless achieving a record…
-
FDI: Compulsorily Convertible Debentures
[Posted by Umakanth Varottil] It is quite common for foreign investors to take up convertible instruments in Indian companies. These instruments are issued as either preference shares or debentures to begin with and are convertible into equity shares of the Indian company at a later date. The conversion may occur in one of two ways:…
-
Precision Remains Elusive with Investment Law
[Posted by Somasekhar Sundaresan] I wrote the following column in the Business Standard on February 23, 2009: In a bold move, the government has opened up foreign investment in an unprecedented manner. The move legitimizes many a structure that would have hitherto been keeping even their authors shy. The Cabinet Committee on Economic Affairs has…