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Govt defines group companies in FDI policy to remove uncertainties

04 Jun 2013 Evaluate

In a move that will end uncertainty in the implementation of rules that prevent cash-and-carry companies from indirectly engaging in front-end retail through associate firms, the government has formally defined group companies in the Foreign Direct Investment (FDI) policy. The new definition would be applicable from April 5, 2013. 

As per the statement issued by the Department of Industrial Policy & Promotion (DIPP), group companies are two or more enterprises which directly or indirectly are in a position to exercise 26 per cent or more of voting rights in other enterprise or appoint more than 50 per cent members of board of directors. Further, DIPP said that a clear definition of group companies will ensure that the same rules will apply for all and existing structures of enterprises have to be studied to establish if they are related and subject to restrictions incorporated in the FDI policy.

Earlier in 2010, DIPP had introduced a regulation, which restricts cash-and-carry companies from selling more than 25 per cent goods to group companies. The need for clarification arose because of the absence of a proper definition of group companies in the FDI policy, which was vague if any FDI ventures were flouting rules. Last year, it had alleged that sales by Bharti-Walmart to Bharti Retail violated the restriction on FDI in multi-brand retail.   

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