Government relaxed FDI norms for second half of 2011-12

01 Oct 2011 Evaluate

The governments on Friday further relaxed the foreign direct investment norms and increase the FDI limit in FM radio sector from 20% to 26% as a part of its half yearly review of the FDI policy for all sectors. Earlier in July, the government has allowed to increase the FDI in FM radio/terrestrial broadcasting to 26%. The move is expected to help over 30 media companies running 250 private FM radio stations in the India raise money from in abroad investors to fund their business in the next phase of extension.

Along with the FM radio/terrestrial broadcasting, the government also relaxed the FDI norms for the old-age homes and educational institutions. However, the conditions for FDI in contraction minimum and built-up area, capitulation and lock in period would not be applicable of these activities. The amended FDI policy will allow pledging of share to an overseas firm by Indian companies raising external commercial borrowings.

The government also allowed 100% FDI via automatic route in Apiculture under the controlled conditions. Apiculture is an important agro-based industry and has the potential of bringing in high economic returns with comparatively low levels of investment, the commerce and ministry statement said.

Beside Apiculture, the ministry also allowed FDI 100% via automatic route, in new industry parks. Under the existing regime, industrial parks cover specified sectors. The coverage has been expanded to specifically include research and development in bio-technology, pharmaceutical and life sciences, given the urgent need to augment research and development infrastructure in these areas as also expand the production facilities, ministry noted.

The government also allowed to conversion of imported capital goods/machinery and pre-operation expenses to equity instruments. However, Ministry has put some conditions like capital goods/machinery or retention of advance against equity should be made within 180 days of the shipment of capital goods/machinery or retention of advance against equity, and the payment via third party would not be allowed.

The policy has been amended to provide for pledge of shares of an Indian company which has raised external commercial borrowings, or that of its associate resident companies for the purpose of securing the ECB raised by the borrowing company, subject to conditions, ministry said.

The policy also now provides for opening and maintaining AD Category – I banks without the prior approval of RBI, non-interest bearing Escrow accounts in Indian Rupees in India, on behalf of non-residents, towards payment of share purchase consideration and/or for keeping securities to facilitate FDI transactions, subject to the terms and conditions specified by RBI.  This will streamline the process for bringing in FDI and provide the investors with options, it added.

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