Tag: Foreign Investment
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Revised FDI Policy
[Posted by Umakanth Varottil] It is that time of the year when the Government conducts its bi-annual review of the policy on foreign direct investment (FDI). Consistent with the previous trend over the last couple of years, it yesterday announced the Consolidated FDI Policy in the form of Circular No. 2 of 2011, which comes…
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Relaxation on Foreign Fund Flows
[Posted by Umakanth Varottil] /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:””; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:”Calibri”,”sans-serif”; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:”ＭＳ 明朝”; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:”Times New Roman”; mso-bidi-theme-font:minor-bidi;} Last week, the Government and the Reserve Bank of India (RBI) have announced decisions that relax erstwhile policy…
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RBI’s Changes to Foreign Investment Policy
[Posted by Umakanth Varottil] /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:””; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:”Calibri”,”sans-serif”; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:”ＭＳ 明朝”; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;} The Reserve Bank of India (RBI) has announced some policy measures as follows: 1. Issue of Shares for Consideration Other Than Cash…
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Regulation of Foreign Contributions: New FCR Act in Force
[Posted by Mihir Naniwadekar] The Foreign Contribution (Regulation) Act, 2010 has been notified by the Central Government to come into effect from 1st May, 2011. The Act replaces the Foreign Contribution (Regulation) Act, 1976. The FCRA 2010 extends to the whole of India and also applies to citizens of India outside India, and to foreign…
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Globalisation: Myth and Reality
[Posted by Umakanth Varottil] A new study asserts that the importance and virtues of globalization, including cross-border trade and foreign investment, may have been overplayed. The Economist has a column discussing Pankaj Ghemawat’s book World 3.0: Global Prosperity and How to Achieve It. It points to some astonishing data and conclusions that emerge from the book:…
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Attracting Sovereign Wealth Funds
[Posted by Umakanth Varottil] Although there had been a great amount of discussion a couple of years ago regarding soverign wealth funds (SWFs), both in terms of their investments in the Indian markets and to to whether India should create one for itself, that seemed to have died down. This was largely because SWFs were…
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Regulating Offshore Derivative Instruments
[Posted by Umakanth Varottil] Over the last few years, SEBI has been adopting various strategies to regulate the use of offshore derivative instruments (ODIs) such as participatory notes that enable foreign investors to participate in the Indian markets without actually owning the underlying securities. The strategies include restricting the use of ODIs, and also requiring…
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Changes to FDI Policy – Part V: Sectoral Rules
[Posted by Umakanth Varottil] In this final post in the series, we look at the one change introduced by the Consolidated FDI Policy, Circular No. 1 of 2011 to the sectoral requirements in the agricultural sector, and also briefly touch upon some areas that have been overlooked in the current round of policy review (but…
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Changes to FDI Policy – Part IV: Downstream Investments
[Posted by Umakanth Varottil] Indirect foreign investment into Indian companies had been a subject matter of ambiguity in the FDI policy. For instance, if an Indian company (that has foreign investors) makes investments into another Indian company, would that downstream investment be treated as domestic investment or foreign investment? While rules govern such investment? In…
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Changes to FDI Policy – Part III: Previous Venture
[Posted by Umakanth Varottil] A significant condition in the FDI policy, first included in Press Note 18 of 1998 operated to restrict foreign investments. It required foreign investors to obtain prior Government approval to invest where they had a previous joint venture in India. In such cases, the automatic route was not available. This became…