Govt relaxes foreign investment norms for commexes; FIIs can invest upto 23%

10 Apr 2012 Evaluate

Foreign institutional investors (FIIs) will no longer require government permission to invest in the commodity exchanges as per the new FDI norms announced by the Ministry of Commerce & Industry. However, foreign direct investment (FDI) will continue to need the approval of the Foreign Investment Promotion Board (FIPB).

At present, foreign investment, by both FIIs and FDIs is capped at 49%. Within this overall limit of 49%, investment by registered FIIs, under the portfolio investment scheme (PIS) is limited to 23% and investment under the FDI scheme is limited to 26%. Both require government approval. But now as per the consolidated FDI policy, investments done by FIIs will no longer require approval of the FIPB with effect from April 10, 2012.

This change aligns the policy for foreign investment in commodity exchanges, with that of other infrastructure companies in the securities markets, such as stock exchanges, depositories and clearing corporations. Further, the government has also changed foreign investment norms for non-banking finance companies, retail, pharma and foreign institutional investors. The norms also seek to disincentivise import of second-hand capital goods, while encouraging e-commerce activities.

Also issue of equity shares under the FDI policy is currently allowed under the Government route for import of capital goods/ machinery/ equipment -including second-hand machinery. However it has been decided to exclude second hand machinery from its purview to promote state-of-the-art technology, compliant with international standards, in terms of being green, clean and energy efficient.

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