Overseas Direct Investments – Liberalisation / Rationalisation: RBI vide its circular RBI/2011-12/481 A. P. (DIR Series) Circular No.101 dated April 2, 2012 has decided to liberalise the regulations pertaining to opening / holding / maintaining the Foreign Currency Account by Indian party outside India.
Indian party could open, hold and maintain Foreign Currency Account (FCA) abroad for the purpose of overseas direct investments subject to the following terms and conditions:
I. The Indian party is eligible for overseas direct investments in terms of Regulation 6 (Regulation 7, if applicable) of Notification No. FEMA 120/RB-2004 dated July 7, 2004, as amended from time to time.
II. The host country Regulations stipulate that the investments into the country is required to be routed through a designated account.
III. FCA shall be opened, held and maintained as per the regulation of the host country.
IV. The remittances sent to the FCA by the Indian party should be utilized only for making overseas direct investment into the JV / WOS abroad.
V. Any amount received in the account by way of dividend and / or other entitlements from the subsidiary shall be repatriated to India within 30 days from the date of credit.
VI. The Indian party should submit the details of debits and credits in the FCA on yearly basis to the designated AD bank with a certificate from the Statutory Auditors of the Indian party certifying that the FCA was maintained as per the host country laws and the extant FEMA regulations / provisions as applicable.
VII. The FCA so opened shall be closed immediately or within 30 days from the date of disinvestment from JV / WOS or cessation thereof.
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