CCEA to consider new definition of ‘control’ in FDI policy

31 Jul 2013 Evaluate

The Cabinet Committee on Economic Affairs (CCEA) will soon consider a new definition of 'control' in the foreign direct investment (FDI) policy that would prevent backdoor entry of foreign companies in the prohibited sectors. The issue of control had become contentious after the government modified the FDI policy in 2009 through Press Notes 2 and 3.

The move is aimed to provide better mechanism for calculating direct and indirect investment in a company and once approved, will replace the existing definition given in the Consolidated FDI Policy. Further, the new definition of control will include the right to appoint majority of directors and will also be expanded to include control over the management or policy decisions, instead of just the right to appoint majority of the shareholders. 

Presently, a company is said to be controlled by an Indian resident if the Indian investor holds more than 51% stake and can appoint the majority directors in the firm. As per the new guidelines, an Indian company will be considered a foreign entity if the major stake in the firm is held by foreign investors or is a foreign controlled and any investment by such a company will also be considered as foreign investment. After the Cabinet approval, the Reserve Bank of India (RBI) is expected to issue a notification to effect the required changes to Press Notes 2 and 3 of FDI policy 2009 from the date of issuance of the notice. The new definition will be applicable with prospective effect, which is the date of notification.

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