MLK Ltd. is planning to expand its business both at domestic level and global level and therefore its Board has decided to: (a) enter into joint venture with TMK GmbH of Germany. This proposal will have an investment of

CS Professional · Capital Commodity and Money Market · PYQS · December 2021
MLK Ltd. is planning to expand its business both at domestic level and global level and therefore its Board has decided to: (a) enter into joint venture with TMK GmbH of Germany. This proposal will have an investment of Euro 40 Million. (b) acquisition of majority of shares of a PSU company under GOI disinvestment programme. This proposal shall involve an outlay of ₹5600 Million. As a Company Secretary of the company answer the following questions: (i) Whether company can adopt the route of External Commercial Borrowings (ECBs) to finance the proposed expansion plans ?

Answer & Explanation:

External Commercial Borrowings (ECB) proceeds can be utilised for capital expenditure in the form of: Import of capital goods including payment towards import of services, technical know-how and license fees, provided the same are part of these capital goods; Local sourcing of capital goods; New project; Modernization /expansion of existing units; Overseas direct investment in Joint ventures (JV)/ Wholly owned subsidiaries (WOS); Acquisition of shares of public sector undertakings at any stage of disinvestment under the disinvestment programme of the Government of India; Refinancing of existing trade credit raised for import of capital goods Payment of capital goods already shipped/imported but unpaid; Refinancing of existing ECB provided the residual maturity is not reduced. Since in the given case MLK Ltd. Is planning to use the proceeds for entering into JV and acquisition of shares of Public Sector Undertaking, it can adopt the route of ECB.

Topics: External Commercial Borrowings (ECBs)

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