Jun 30, 2020

Changes in FDI Regime to Curb Opportunistic Takeovers from Neighbouring Countries

The Government has issued Press Note 3 (2020 Series) dated April 17, 2020 for review of Foreign Direct Investment (‘FDI’) Policy prescribing that any foreign investment by or from an entity of any country which shares its land border with India (China, Bhutan, Nepal, Pakistan, Bangladesh and Myanmar) (‘Neighbouring Country’) or where the beneficial owner of an investment into India is situated in, or is a citizen of, any Neighbouring Country, can only be made with prior approval of the Government. The Press Note also states that any transfer (whether direct or indirect) of any current or future FDI in any Indian entity, which results in the beneficial ownership being transferred to any such person of a Neighbouring Country, would be subject to the approval of the Government. The corresponding amendment to the Foreign Exchange Management (Non-Debt Instruments) Rules, 2019 (‘NDI Rules’) has been made on April 22, 2020, making the above noted change in FDI policy effective. Please refer to our Client Alert dated April 20, 2020 (accessible on our website here) for more details.

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