External commercial borrowing recovery: banks may permit sale of secured property and repatriation of proceeds.
Where a resident borrower defaults on an external commercial borrowing, an authorised dealer bank may permit the overseas lender or security trustee holding a charge on immovable property to sell that property to a person resident in India and repatriate the sale proceeds towards the outstanding dues of that specific ECB. Separately, authorised dealer banks may, subject to Reserve Bank directions, permit residents to create charges on immovable property in favour of overseas lenders or security trustees to secure external commercial borrowings.

Opening demat accounts by clearing corporations permitted to hold, pledge and repatriate foreign sovereign securities under FEMA amendment.
Amendment permits opening of demat accounts by SEBI-approved clearing corporations and their clearing members with foreign depositories, allowing them to acquire, hold, pledge and transfer foreign sovereign securities offered as collateral by FIIs. It authorises remittance of corporate action proceeds on such securities, and their liquidation with repatriation of proceeds to India, subject to SEBI guidelines, and is given retrospective effect without adversely affecting any person.

Treatment of non-mandatorily convertible instruments as debt now subjects such foreign borrowings to foreign-exchange borrowing limits.
Borrowings by way of issue of preference shares and convertible debentures to persons resident outside India that are not fully and mandatorily convertible into equity within a specified time shall be considered debt and must conform to Regulation 6 of the Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) Regulations, 2000, including the limits applicable to such borrowings.

Amendment to foreign exchange borrowing limit increases the regulatory threshold and applies retrospectively with non adverse clarification.
Amendment substitutes the limit in Regulation 4(2)(i) of the Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) Regulations, 2000, replacing "twenty five percent" with "fifty percent"; the amendment is titled the Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) (Amendment) Regulations, 2009 and is deemed effective from 15 October 2008. The notification clarifies that no person will be adversely affected by the retrospective effect of the amendment and records that the change is made under the statute's delegated powers.