Debt instrument designation under FEMA clarifies classification of government bonds, corporate bonds and other instruments as debt. The Central Government designates specified classes as debt instruments under FEMA, including government bonds, corporate bonds, non equity securitisation tranches, borrowings by Indian firms through loans, and depository receipts backed by debt. It separately lists categories treated as non-debt instruments-equity investments, LLP capital participation, instruments under FDI policy, units of AIFs/REITs/InVITs, mutual fund/ETF units with majority equity, the equity tranche of securitisations, immovable property dealings, trust contributions, and depository receipts against equity-and provides that all other unlisted instruments shall be deemed debt instruments.
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.
Debt instrument designation under FEMA clarifies classification of government bonds, corporate bonds and other instruments as debt.
The Central Government designates specified classes as debt instruments under FEMA, including government bonds, corporate bonds, non equity securitisation tranches, borrowings by Indian firms through loans, and depository receipts backed by debt. It separately lists categories treated as non-debt instruments-equity investments, LLP capital participation, instruments under FDI policy, units of AIFs/REITs/InVITs, mutual fund/ETF units with majority equity, the equity tranche of securitisations, immovable property dealings, trust contributions, and depository receipts against equity-and provides that all other unlisted instruments shall be deemed debt instruments.
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