Whether conversion of 'External Commercial Borrowing' into equity is permissible? Comment.

CS Executive · Economic, Business and Commercial Laws · PYQS · June 2019
Whether conversion of 'External Commercial Borrowing' into equity is permissible? Comment.

Answer & Explanation:

Indian companies have been granted general permission for conversion of External Commercial Borrowings (ECB) (excluding those deemed as ECB) in convertible foreign currency into equity shares/fully compulsorily and mandatorily convertible preference shares, subject to the following conditions and reporting requirements: The activity of the company is covered under the Automatic Route for FDI or the company has obtained Government approval for foreign equity in the company; The foreign equity after conversion of ECB into equity is within the sectoral cap, if any; Pricing of shares is as per the issue price of shares; Compliance with the requirements prescribed under any other statute and regulation in force; and The conversion facility is available for ECBs availed under the Automatic or Government Route and is applicable to ECBs, due for payment or not, as well as secured/unsecured loans availed from non-resident collaborators.

Topics: Foreign Exchange Management Act (FEMA)

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