Sources of Foreign Financing or Foreign Currency Finance For Indian Companies

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Sources of foreign financing or foreign currency finance for Indian

companies
Funds can be collected from foreign sources, which usually consists of:-

• Foreign Collaborators:- If approved by the Government of India, the Indian


companies may secure capital from abroad through the subscription of foreign
collaborator to their share capital or by way of supply of technical knowledge,
patents, drawings and designs of plants or supply of machinery.
• International Financial Institutions:- like World Bank and International Finance
Corporation (IFC) provide long-term funds for the industrial development all over the
world. The World Bank grants loans only to the Governments of member countries or
private enterprises with guarantee of the concerned Government. IFC was set up to
assist the private undertakings without the guarantee of the member countries. It also
provides them risk capital.
• Non-Resident Indians:- persons of Indian origin and nationality living abroad are
also permitted to subscribe to the shares and debentures issued by the companies in
India.

Regulations pertaining to issue of shares by Indian companies to foreign


collaborators/investors

Automatic Route

FDI up to 100% is allowed under the automatic route in all activities/sectors except the
following which require prior approval of the Government:

i) where provisions of Press Note 1 (2005 Series) issued by the Government of India are
attracted.

ii) where more than 24% foreign equity is proposed to be inducted for manufacture of items
reserved for the Small Scale sector.

iii) FDI in sectors/activities to the extent permitted under Automatic Route does not require
any prior approval either by the Government or the Reserve Bank of India.

iv) The investors are only required to notify the Regional Office concerned of the Reserve
Bank of India within 30 days of receipt of inward remittances and file the required documents
along with form FC-GPR with that Office within 30 days of issue of shares to the non-
resident investors.

Government Route

FDI in activities not covered under the automatic route requires prior Government approval
and are considered by the Foreign Investment Promotion Board (FIPB), Ministry of Finance.
General permission of RBI under FEMA

Indian companies having foreign investment approval through FIPB route do not require any
further clearance from the Reserve Bank of India for receiving inward remittance and issue of
shares to the non-resident investors. The companies are required to notify the concerned
Regional Office of the Reserve Bank of India of receipt of inward remittances within 30 days
of such receipt and submit form FC-GPR within 30 days of issue of shares to the non-resident
investors.

Regulations pertaining to issue of ADRs/GDRs by Indian companies?

Indian companies are allowed to raise capital in the international market through the issue of
ADRs/GDRs. They can issue ADRs/GDRs without obtaining prior approval from RBI if it is
eligible to issue ADRs/GDRs in terms of the Scheme for Issue of Foreign Currency
Convertible Bonds and Ordinary Shares (Through Depository Receipt Mechanism) Scheme,
1993 and subsequent guidelines issued by Ministry of Finance, Government of India.

After the issue of ADRs/GDRs, the company has to file a return in the proforma given in
Annexure ‘C' to the RBI Notification No.FEMA.20/ 2000-RB dated May 3, 2000. The
company is also required to file a quarterly return in a form specified in Annexure ’D' of the
same regulations.

There are no end-use restrictions on GDR/ADR issue proceeds, except for an express ban on
investment in real estate and stock markets.

How Indian companies issue Foreign Currency Convertible Bonds (FCCBs):

FCCBs can be issued by Indian companies in the overseas market in accordance with Scheme
for Issue of Foreign Currency Convertible Bonds and Ordinary Shares (Through Depository
Receipt Mechanism) Scheme, 1993.
The FCCB issue needs to conform to External Commercial Borrowing guidelines, issued by
RBI vide Notification No. FEMA 3/2000-RB dated May 3, 2000 as amended from time to
time.

The regulations applicable in case of preference share investments:

Foreign investment through preference shares is treated as foreign direct investment. Foreign
investment in preference share is considered as part of share capital and fall outside the
External Commercial Borrowing (ECB) guidelines/cap.
Preference shares to be treated as foreign direct equity for purpose of sectoral caps on foreign
equity, where such caps are prescribed, provided they carry a conversion option. If the
preference shares are structured without such conversion option, they would fall outside the
foreign direct equity cap.
Shares issued against Lumpsum Fee, Royalty and ECB:

Issue of equity shares against lump sum fee, royalty and external commercial borrowings
(ECBs) in convertible foreign currency are permitted, subject to meeting all applicable tax
liabilities and sector specific guidelines.

Foreigner set up a partnership/proprietorship concern in India:

Only NRIs/PIOs are allowed to set up partnership/proprietorship concerns in India. Even for
NRIs/PIOs investment is allowed only on non-repatriation basis.

Regulations for Foreign Venture Capital Investment

A SEBI registered Foreign Venture Capital Investor with general permission from the
Reserve Bank of India can invest in a Venture Capital Fund or an Indian Venture Capital
Undertaking, in the manner and subject to the terms and conditions specified in Schedule 6 of
RBI Notification No. FEMA 20/2000-RB dated May 3, 2000 as amended from time to time.

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