List out compliances under the Foreign Direct Investments (FDI) Regulations of the Foreign Exchange Management Act, 1999 on issue of shares against import of capital goods.

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2018
List out compliances under the Foreign Direct Investments (FDI) Regulations of the Foreign Exchange Management Act, 1999 on issue of shares against import of capital goods.

Answer & Explanation:

Issue of equity shares against Import of capital goods / machinery/equipment (excluding second-hand machinery); is allowed under automatic route if the Indian investee company is engaged in a sector under automatic route or with prior Government approval if the Indian investee company is engaged in a sector under Government, subject to the compliance with the following conditions: The import of capital goods, machineries, etc., made by a resident in India, is in accordance with the Export / Import Policy issued by the Government of India as notified by the Directorate General of Foreign Trade (DGFT) and the regulations issued under the Foreign Exchange Management Act (FEMA), 1999 relating to imports issued by the Reserve Bank; There is an independent valuation of the capital goods/machineries / equipments by a third party entity, preferably by an independent valuer from the country of import along with production of copies of documents/certificates issued by the customs authorities towards assessment of the fair-value of such imports; The application should clearly indicate the beneficial ownership and identity of the importer company as well as the overseas entity; and All such conversions of import payables for capital goods into FDI should be completed within 180 days from the date of shipment of goods.

Topics: Foreign Direct Investment (FDI)

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