DIPP removes sectoral FDI cap on CDR by foreign banks

03 Aug 2012 Evaluate

As a note of breather for the ailing companies, the Department of Industrial Policy & Promotion (DIPP) has notified new foreign direct investment (FDI) rules, where investments by India's private banks, such as ICICI Bank and HDFC Bank that are owned and controlled by non-residents, into other companies under corporate restructuring will not be considered as indirect overseas investment.

With this move, the government hopes to bring more clarity in recasting debt of firms in vulnerable sectors such as aviation, telecom and media. The centre in its notification clarified that any corporate debt restructuring (CDR), or other loan restructuring mechanism, or in trading books, or for acquisition of shares due to defaults in loans, shall not count towards indirect foreign investment. At present, 74 per cent FDI is permitted in private banks.

The new rule will help such banks to restructure loans of companies which are facing problems on account of economic slowdown and are unable to service their debts. However, strategic downstream investment made by these banks in subsidiaries, joint ventures and associates will continue to count towards indirect foreign investment.

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