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INDIA BUSINESS WORLD - NOVEMBER 2005
THE MONTH THAT WAS

FDI IN LISTED NBFCS SET TO GET AUTO ROUTE

Foreign investment regime in the non-banking segments of the financial sector is to be liberalised further. FDI in existing non-banking finance companies and other financial services, like insurance, will not require fresh government approval as these companies already meet all the relevant norms at the time of incorporation. Subsequently, a foreign investor can automatically buy shares of these companies through the secondary market. Transfer of shares between residents and non-residents will be done automatically.

A Cabinet note moved by the government says: "There should be no need to continue with the requirement of prior government approval for acquisition of shares in an Indian company in the financial services sector" because the initial investment for these entities comes under the automatic route. It goes on to say that in such circumstances, "acquisition of shares of such listed Indian companies could also be placed under the automatic route, subject to Sebi guidelines and regulations".

Currently, foreign investment in a listed NBFC has to be approved by RBI. Henceforth, these would be subjected only to the normal Sebi regulations regarding acquisitions. This would also apply to insurance companies which may enlist in the future. For example, a foreign investor who buys shares in such a company through the secondary market will not require government approval.
This has been okayed by RBI, with the rider that such facility cannot be extended to the banking sector. The relaxation is significant as this would facilitate smooth transfer of shares to foreign investors within the given FDI cap, provided the companies enlist.

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