Foreign Investment in India – Guidelines for calculation of total foreign investment in Indian companies, transfer of ownership and control of Indian companies and downstream investment by Indian companies
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Downstream investment rules: foreign-sourced funds required, domestic borrowing restricted with exception for operating companies. Indian companies making downstream investments must bring in requisite funds from abroad and not use funds borrowed in the domestic market; downstream operating companies may raise domestic debt. Downstream investments through internal accruals are permissible only by an Indian company engaged solely in investing in the capital of another Indian company/ies and are subject to the provisions of clause 6(i).
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Downstream investment rules: foreign-sourced funds required, domestic borrowing restricted with exception for operating companies.
Indian companies making downstream investments must bring in requisite funds from abroad and not use funds borrowed in the domestic market; downstream operating companies may raise domestic debt. Downstream investments through internal accruals are permissible only by an Indian company engaged solely in investing in the capital of another Indian company/ies and are subject to the provisions of clause 6(i).
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