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        Case ID :

        Corrigendum to Press Note 7 (2008) - Consolidated Policy on Foreign Direct Investment

        July 2, 2008

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        The above mentioned Press Note was issued on 16th June 2008.  Inadvertently, some typographical errors had crept in at Sl. No. 25 of the Annex to the Press Note.  Accordingly, this Corrigendum is issued.

                    In the Annex to Press Note 7 (2008), Sl. No.25 under para II, the following substitution is made:

        For the existing provision

        25.

        Non Banking Finance Companies

        i)

         

        Merchant Banking

         

        100%

        Automatic

        Subject to:

        a. minimum

        capitalization norms for fund based

        NBFCs - US$ 0.5 million to be brought upfront for FDI up to

        51%; US$ 5 million to be brought upfront for FDI above 51%

        and up to 75%; and US$ 50 million out of

         which US$ 7.5

        million to be brought upfront and the balance in 24 months

        for FDI beyond 75% and up to 100%.

        b. minimum

        capitalization norms for non-fund based NBFC activities-

        US$ 0.5 million.

        c. foreign investors

        can set up 100%

        operating subsidiaries without the condition to disinvest a

        minimum of 25% of its equity to Indian

        entities subject to

        bringing in US$ 50 million without any restriction on number

        of operating subsidiaries without

        bringing additional capital.

        d. joint venture operating NBFC's that have 75% or less than 75% foreign investment will also be allowed to set up subsidiaries for undertaking other NBFC activities subject to the subsidiaries also complying with the applicable minimum capital inflow.

        e. compliance with the guidelines of the RBI.

        f. The minimum capitalization norms would apply would be applicable where the foreign holding in a NBFC(both direct and foreign holding in a NBFC(both direct and indirect) exceeds the limits indicated at (a) above

         

        g. The capital for the purpose of minimum capitalization norms shall consist of ordinary shares only.

        ii)

         

        Underwriting Portfolio Management Services

         

         

         

        iii)

        Investment Advisory Services

         

         

        iv)

        Financial Consultancy

         

         

        v)

         

        Stock Broking

         

         

         

        vi)

        Asset Management

         

         

         

        vii)

         

         

        Venture Capital

         

         

         

        viii)

         

        Custodial Services

         

         

         

        ix)

        Factoring

         

         

         

        x)

         

         

        Credit Rating Agencies

         

         

         

        xi)

         

        Leasing & Finance

         

         

         

        xii)

        Finance

         

         

         

        xiii)

         

         

        Housing

         

         

         

        xiv)

         

        Finance

         

         

         

        xv)

        Forex Broking

         

         

        xvi)

        Credit card Business Money changing

         

         

         xvii)

         

        business Micro credit

         

         

        xviii)

         

        Rural credit

         

         

         

         

         

         

         

        Read the revised provision as:

        25.

        Non Banking Finance Companies

        i)

         

        Merchant Banking

         

        100%

        Automatic

        Subject to:

        a. minimum capitalization norms for fund based NBFCs - US$ 0.5 million to be brought upfront for FDI up to 51%; US$ 5 million to be brought upfront for FDI above 51% and up to 75%; and US$ 50 million out of which US$ 7.5 million to be brought upfront and the balance in 24 months for FDI beyond 75% and up to 100%.

         

        b. minimum capitalization norms for non-fund based NBFC activities- US$ 0.5 million.

         

         c. foreign investors can set up 100% operating subsidiaries without the condition to disinvest a minimum of 25% of its equity to Indian entities subject to bringing in US$ 50 million without any restriction on number of operating subsidiaries without bringing additional capital.

         

        d. joint venture operating NBFC's that have 75% or less than 75% foreign investment will also be allowed to set up subsidiaries for undertaking other NBFC activities subject to the subsidiaries also complying with the applicable minimum capital inflow.

         

        e. compliance with the guidelines of the RBI.

         

         

         

        ii)

         

        Underwriting Portfolio Management Services

         

         

         

        iii)

        Investment Advisory Services

         

         

        iv)

        Financial Consultancy

         

         

        v)

         

        Stock Broking

         

         

         

        vi)

        Asset Management

         

         

         

        vii)

         

         

        Venture Capital

         

         

         

        viii)

         

        Custodial Services

         

         

         

        ix)

        Factoring

         

         

         

        x)

         

         

        Credit Rating Agencies

         

         

         

        xi)

         

        Leasing & Finance

         

         

         

        xii)

        Finance

         

         

         

        xiii)

         

         

        Housing

         

         

         

        xiv)

         

        Finance

         

         

         

        xv)

        Forex Broking

         

         

        xvi)

        Credit card Business Money changing

         

         

         xvii)

         

        business Micro credit

         

         

        xviii)

         

        Rural credit

         

         

         

         

         

         

         

        RJ/MRS

         

         

        Foreign investment in non-banking finance companies permitted up to full ownership automatically, subject to capitalization norms and RBI compliance The corrigendum restates that specified Non-Banking Finance Company activities are eligible for up to 100% foreign investment on the automatic route, subject to minimum capitalization norms for fund based and non fund based NBFCs, conditions permitting wholly foreign owned operating subsidiaries when prescribed capital is brought in, subsidiary capital compliance for joint venture NBFCs with limited foreign equity, and adherence to Reserve Bank of India guidelines; minimum capitalization is to consist of ordinary shares and applies where foreign holding (direct and indirect) exceeds the specified thresholds.
                          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.

                                Foreign investment in non-banking finance companies permitted up to full ownership automatically, subject to capitalization norms and RBI compliance

                                The corrigendum restates that specified Non-Banking Finance Company activities are eligible for up to 100% foreign investment on the automatic route, subject to minimum capitalization norms for fund based and non fund based NBFCs, conditions permitting wholly foreign owned operating subsidiaries when prescribed capital is brought in, subsidiary capital compliance for joint venture NBFCs with limited foreign equity, and adherence to Reserve Bank of India guidelines; minimum capitalization is to consist of ordinary shares and applies where foreign holding (direct and indirect) exceeds the specified thresholds.





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