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ARTICLE · 21 MAY 2020

Government Amends Rules Governing Foreign Direct Investment

The Central Government vide notification dated 27 April 2020 has made certain amendments to the Foreign Exchange Management (Non-debt Instruments) Rules, 2019...

IndiaGovernment, Public Sector

The Central Government vide notification dated 27 April 2020 has made certain amendments to the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (hereinafter referred to as 'rules'). We have summarized the gist of amendments in the table below:

Particulars Gist of Amendment
Applicability of pricing guidelines to rights issue which is renounced in favor of person resident outside India
A new rule 7A has been inserted, providing that the pricing guidelines shall apply if rights issue of equity instruments is renounced by a person resident in India in favor of a person resident outside India. This would mean the following:
  1. in case of an unlisted Indian company, the price of equity instruments shall be fair value worked out by a Chartered Accountant, Cost Accountant, or SEBI Registered Merchant Banker on the basis of internationally accepted pricing methodology for valuation.

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