Govt to put forth clear definition of ‘joint venture’ in consolidated FDI policy

09 Apr 2012 Evaluate

The government is expected to put forth a clear definition of a ‘joint venture’ (JV) in its consolidated foreign direct investment (FDI) policy, which is to be unveiled shortly. As per the new definition, it would be mandatory for at least two partners to have minimum 25% stake each in the JV Company. The move has been necessitated by the fact that lack of any prescribed definition was leading to cases where companies were entering into partnership without any minimum prescribed investment limit and terming it as a joint venture.

The Department of Industrial Policy and Promotion (DIPP) - which is under the Commerce and Industry Ministry - is the nodal agency on FDI policy. The government in 2010 had decided to come out with consolidated FDI policy paper summarising all the regulations including those of Foreign Exchange Management Act (FEMA) and Reserve Bank of India (RBI) for the benefit of foreign investors. It revises the policy every six months.

The department had last released the consolidated FDI policy on September 30, 2011 in which the conditions for FDI with respect to construction of old-age homes and educational institutions were eased. The latest policy was originally scheduled to be unveiled on March 30, was held up as the then DIPP secretary P K Chaudhery was appointed as Haryana Chief Secretary and the new incumbent is yet to take charge.

India has been attracting increased FDI in to the country. For April-January 2011-12, FDI went up by 53% to $26.19 billion from $17 billion in the corresponding period last year.

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