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RBI notifies the increase in FDI limit in the insurance sector to 49%

09 Apr 2015 Evaluate

Following government’s approval, the Reserve Bank of India (RBI) has notified the increase in foreign direct investment (FDI) limit in the insurance sector to 49%. RBI in its notification said that the extant FDI policy for insurance sector has since been reviewed and further liberalised. Accordingly, with immediate effect, FDI in insurance sector shall be permitted up to 49 per cent subject to the revised conditions. The central bank further said that “Foreign direct investment up to 26% shall be under automatic route and beyond 26% and up to 49% shall be with government approval....an Indian insurance company shall ensure that its ownership and control remains at all times in the hands of resident Indian entities.”

RBI has included a new term ‘Other Insurance Intermediaries appointed under the provisions of Insurance Regulatory and Development Authority Act, 1999’ under the definition of ‘Insurance’. RBI added that “any increase of foreign investment of an Indian insurance company shall be in accordance with the pricing guidelines specified by Reserve Bank under the Foreign Exchange Management Act, 1999.”

The government has already notified rules to implement the decision to increase foreign direct investment limit in the insurance sector to 49 per cent. The Indian Insurance Companies (Foreign Investment) Rules, 2015 allow up to 26 per cent foreign investment through the automatic route, while foreign partners can increase their stake beyond that limit up to 49 per cent with the approval of the Foreign Investment Promotion Board (FIPB). The rules will also apply to insurance brokers, third party administrators, surveyors and loss assessors, and other insurance intermediaries appointed under the provisions of the IRDA Act, 1999. Foreign portfolio investment in an Indian insurance company shall be governed by the provisions contained in the relevant sub-regulations/regulations under FEMA Regulations, 2000 and provisions of the Securities Exchange Board of India (Foreign Portfolio Investors) Regulations.

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