The Union Cabinet, chaired by the Prime Minister, has approved change in guidelines on investments from countries sharing land border with India (LBCs).
The existing policy has been reviewed and amended as follows:
a. Incorporation of the definition and criteria for determination of ‘Beneficial Owner’ (BO) –
The amendment provides for a definition and criteria for determination of Beneficial Ownership that is widely used by the investing community, under the Prevention of Money Laundering Rules, 2005.
The Beneficial Ownership test shall be applied at the level of the investor entity.
Investors with non-controlling LBC Beneficial Ownership of up to 10% shall be permitted under the automatic route as per the applicable sectoral caps, entry routes, attendant conditions. Such investments shall be subject to the reporting of relevant information/details by the investee entity to DPIIT.
b. Expedited clearance of investments in specific sectors –
Proposals for LBC investments in specified sectors/activities of manufacturing in capital goods, electronic capital goods, electronic components, polysilicon and ingot-wafer shall be processed and decided within 60 days.
CoS under the Cabinet Secretary may also revise the list of specified sectors.
In these cases, the
majority shareholding and control of the Investee entity will be with resident Indian citizen(s) and/or resident Indian entity(ies) owned and controlled by resident Indian citizen(s), at all times.
Background
In order to curb opportunistic takeovers/acquisitions of Indian companies due to the Covid-19 pandemic, the government had amended the extant FDI Policy vide Press Note 3(2020) dated 17.04.2020 (PN3). Pursuant to PN3, an entity of a country, which shares land border with India or where the beneficial owner of an investment into India is situated or is a citizen of any such country, can invest only under the government route. Additionally, any transfer of ownership of any existing or future FDI in an entity in India resulting in the beneficial ownership falling within the aforesaid jurisdiction(s) also requires government approval.
Applicability of PN3 restrictions to cases where LBC investors may have only non-strategic, non-controlling interests was seen as adversely affecting investment flows from investors including global funds such as PE/VC funds.
Source: Exim News Service: New Delhi, March 11
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