SCHEDULE 3

[See Regulation 5(3)(i)]

Purchase/sale of shares and/or convertible debentures by an NRI 3 [***] on a Stock Exchange In India on repatriation and/or non-repatriation basis under Portfolio Investment Scheme

 

A Non-resident Indian (NRI) 4 [***] may purchase/sell shares and/or convertible debentures of an Indian company, through a registered broker on a recognised stock exchange, subject to the following conditions :—

5 [(i)     NRIs may purchase and sell shares/convertible debentures under the Portfolio Investment Scheme through a branch designated by an Authorised Dealer for the purpose and duly approved by the Reserve Bank of India;]

(ii)        the paid-up value of shares of an Indian company, purchased by each NRI 6 [***] both on repatriation and on non-repatriation basis, does not exceed 5 per cent of the paid-up value of shares issued by the company concerned;

(iii)       the paid-up value of each series of convertible debentures purchased by each NRI 6 [***] both on repatriation and non-repatriation basis does not exceed 5 per cent of the paid-up value of each series of convertible debentures issued by the company concerned;

(iv)       the aggregate paid-up value of shares of any company pur­chased by all NRIs 7 [***] does not exceed 10 per cent of the paid-up capital of the company and in the case of purchase of convertible debentures the aggregate paid-up value of each series of debentures purchased by all NRIs  7 [***]  does not exceed 10 per cent of the paid-up value of each series of convertible debentures :

           

Provided that the aggregate ceiling of 10 per cent referred to in this clause may be raised to 24 per cent if a special resolution to that effect is passed by the General Body of the Indian company concerned;

(v)        the NRI 1 [***]  investor takes delivery of the shares purchased and gives delivery of shares sold;

(vi)       payment for purchase of shares and/or debentures is made by inward remittance in foreign exchange through normal banking channels or out of funds held in NRE/FCNR account main­tained in India if the shares are purchased on repatriation basis and by inward remittance or out of funds held in NRE/FCNR/NRO/NRNR/NRSR account of the NRI  1a [***] concerned main­tained in India where the shares/debentures are purchased on non-repatriation basis;

(vii)      1b [***]            

 

Report to Reserve Bank.

2 [The link office of the designated branch of an authorised dealer referred to in paragraph 1 shall furnish to the Chief General Manager, RBI, ECD, Central Office, Mumbai, a report on daily basis on PIS transactions undertaken by it, such report to be furnished on line or on floppy or in hard copy in a format supplied by Reserve Bank.]

 

3 [Remittance/credit of sale/maturity proceeds of shares and/or debentures.

The net sale/maturity proceeds (after payment of taxes) of shares and/or debentures of an Indian company purchased by NRI  4 [***] under this scheme, may be allowed by the designated branch of an authorised dealer referred to in para­graph 1,

(a)       to be credited to NRO account of the NRI5  [***] investor where the payment for purchase of shares and/or debentures sold was made out of funds held in NRO account or where the shares and/or debentures were purchased on non-repatriation basis, or

(b)       at the NRI 4 [***] investor’s option, to be remitted abroad or credited to his/its NRE/FCNR/NRO account of the NRI, where shares and/or debentures were purchased on repatriation basis.]

 

SCHEDULE 4

[See  Regulation 5(3)(ii)]

Purchase and sale of shares/convertible debentures by a
Non-resident Indian (NRI)
6 [***], on non-repatriation basis

 

Prohibition on purchase of shares/convertible debentures of certain companies.

No purchase of shares or convertible debentures of an Indian company shall be made under this scheme if the company concerned is a chit fund or a nidhi company or is engaged in agricultural/plantation activities or real estate business or construction of farm houses or dealing in Transfer of Development Rights.

Explanation - For the purpose of this paragraph, real estate business shall not include development of township, construction of residential/commercial premises, roads, bridges, etc.

 

Permission to purchase and/or sell shares/convertible debentures of an Indian company.

Subject to paragraph 1, a Non-resident Indian 1 [***] may without any limit, purchase on non-repatria­tion basis, shares or convertible debentures of an Indian company issued whether by public issue or private placement or right issue :

 

2 [Provided that the person to whom the shares are being transferred, has obtained prior permission of Central Government to acquire the shares if he has previous venture or tie up in India through investment in shares or debentures or a technical collaboration or a trade mark agreement or investment by whatever name called in the same field or allied field in which the Indian company whose shares are being transferred is engaged :

 

Provided further that this restriction shall not apply to the transfer of shares to International Financial Institutions such as Asian Development Bank (ADB), International Finance Corporation (IFC), Commonwealth Development Corporation (CDC), Deutsche Entwicklungs Gesselschaft (DEG) and transfer of shares of an Indian company engaged in Information Technology Sector.]

 

Method of payment for purchase of shares/convertible debentures.

The amount of consideration for purchase of shares or convert­ible debentures of an Indian company on non-repatriation basis, shall be paid by way of inward remittance through normal banking channels from abroad or out of funds held in NRE/FCNR/NRO/NRSR/NRNR account maintained with an authorised dealer or as the case may be with an authorised bank in India :

 

Provided that in the case of an NRI 3 [***] resident in Nepal and Bhutan, the amount of consideration for purchase of shares or convertible debentures of an Indian company on non-repatriation basis, shall be paid only by way of inward remittance in foreign exchange through normal banking channels.

 

Sale/Maturity proceeds of shares or convertible debentures.

(i)         The sale/maturity proceeds (net of applicable taxes) of shares or convertible debentures purchased under this Scheme shall be credited only to NRSR account where the purchase consid­eration was paid out of funds held in NRSR account and to NRO or NRSR account at the option of the seller where the purchase consideration was paid out of inward remittance or funds held in NRE/FCNR/NRO/NRNR account.

(ii)        The amount invested in shares or convertible debentures under this Scheme and the capital appreciation thereon shall not be allowed to be repatriated abroad.

 

 

SCHEDULE 5

[See Regulation 5(4)]

Purchase and sale of securities other than shares or convertible debentures of an Indian company by a person resident outside India

 

Permission to Foreign Institutional Investors for purchase of securities.

A registered Foreign Institutional Investor may purchase, on repatriation basis, dated Government securities/treasury bills, non-convertible debentures/bonds issued by an Indian company and units of domestic mutual funds either directly from the issuer of such securities or through a registered stock broker on a recog­nised stock exchange in India :

 

Provided that

(i)         the FII shall restrict allocation of its total invest­ment between equity and debt instruments (including dated Govern­ment Securities and Treasury Bills in the Indian capital market) in the ratio of 70 : 30, and

(ii)        if the FII desires to invest upto 100 per cent in dated Government securities including Treasury Bills, non-convertible debentures/bonds issued by an Indian company, it shall form a 100 per cent debt fund and get such fund registered with SEBI.

 

Permission to Non-resident Indian 1 [***] for purchase of securities.

(1)       A Non-resident Indian 2 [***] may, without limit, purchase on repatriation basis,

(i)         Government dated securities (other than bearer securi­ties) or treasury bills or units of domestic mutual funds;

            (ii)        bonds issued by a public sector undertaking (PSU) in India;

(iii)       shares in Public Sector Enterprises being disinvested by the Government of India, provided the purchase is in accordance with the terms and conditions stipulated in the notice inviting bids.

(2)       A Non-resident Indian 2 [***] may, without limit, purchase on non-repatriation basis, dated Govern­ment securities (other than bearer securities), treasury bills, units of domestic mutual funds, units of Money Market Mutual Funds in India, or National Plan/Savings Certificates.

3 [(3)    A Multilateral Development Bank which is specifically permitted by Government of India to float rupee bonds in India may purchase Government dated securities.]

 

Method of payment of purchase consideration.

(1)       A registered Foreign Institutional Investor who purchases securities under the provisions of this Schedule shall make the payment for purchase of such securities either by inward remittance through normal banking channels or out of funds held in Foreign Currency Account or Non-resident Rupee Account maintained by the Foreign Institutional Investor with a designat­ed branch of an authorised dealer with the approval of Reserve Bank in terms of paragraph 2 of Schedule 2.

(2)       A non-resident Indian 2 [***] who pur­chases securities on repatriation basis, under sub-paragraph (1) of paragraph 2, of this Schedule, shall make payment either by inward remittance through normal banking channels or out of funds held in his/its NRE/FCNR account.

(3)       A non-resident Indian 2 [***] who pur­chases securities on non-repatriation basis, under sub-paragraph (2) of paragraph 2 of this Schedule, shall make payment either by inward remit­tance through normal banking channels or out of funds held in his/its NRE/FCNR/NRO/NRSR/NRNR account.

3  [(4)   A Multilateral Development Bank which purchases Govern­ment dated securities under this Schedule, shall make payment either by inward remittance through normal banking channels or out of funds held in the account opened with the specific approv­al of RBI.]

 

Permission for Sale of Securities.

A person resident outside India who has purchased securities in accordance with this Schedule may (a) sell such securities through a registered stock broker on a recognised stock exchange or (b) tender units of mutual funds to the issuer for repurchase or for payment of maturity proceeds or (c) tender Government securities/treasury bills to the Reserve Bank for payment of maturity proceeds.

 

Remittance/credit of sale/maturity proceeds.

(i)         In the case of a registered Foreign Institutional Investor who has sold securities in accordance with paragraph 4, the designated branch of an authorised dealer referred to in sub-paragraph (1) of paragraph 3 may allow remittance of net sale/maturity proceeds (after payment of taxes) or credit the net amount of sale/maturity proceeds of such securities to the for­eign currency account or Non-resident Rupee Account of the FII investor maintained in accordance with the provisions of para­graph 2 of Schedule 2.

(ii)        In the case of a Non-resident Indian 1 [***] who has sold securities in accordance with para­graph 4, the net sale/maturity proceeds (after payment of taxes) of such securities, may be :

(a)       credited only to NRSR account of the NRI investor where the payment for purchase of securities sold was made out of funds held in NRSR account, or

(b)       credited, at the NRI 2 [***] investor’s option, to his/its NRO or NRSR account, where the payment for the purchase of the securities sold was made out of funds held in NRO account, or

(c)        remitted abroad or at the NRI 2 [***] investor’s option, credited to his/its NRE/FCNR/NRO/NRSR/NRNR account, where the securities were purchased on repatriation basis in accordance with sub-paragraph (1) of paragraph 2 and the payment for pur­chase of the securities sold was made by inward remittance through normal banking channels or out of funds held in NRE/FCNR account;

3 [(iii)   In the case of sale of Government dated securities by a Multilateral Development Bank, the net maturity proceeds (after payment of taxes) may be remitted abroad or credited to fund account opened with the prior permission of the Reserve Bank.]

 

  4  [SCHEDULE 6

[See Regulation 5(5)]

Investment in an Indian Venture Capital Undertaking by a regis­tered Foreign Venture Capital Investor

 

Investment by Foreign Venture Capital Investor.

(1)       A registered Foreign Venture Capital Investor (FVCI) may, through the Securities and Exchange Board of India, apply to the Reserve Bank for permission to invest in Indian Venture Capital Undertaking (IVCU) or in a VCF or in a scheme floated by such VCFs. Permission may be granted by Reserve Bank subject to such terms and conditions as may be considered necessary.

(2)       The registered FVCI permitted by Reserve Bank under sub-paragraph (1), may purchase equity/equity linked instruments/debt/debt instruments, debentures of a IVCU or of a VCF through Initial Public Offer or Private Placement or in units of schemes/funds set up by a VCF.

(3)       The amount of consideration for investment in VCFs/IVCUs shall be paid out of inward remittance from abroad through normal banking channels or out of funds held in an account maintained with the designated branch of an authorised dealer in India in accordance with
Para 2.

 

Maintenance of account by the registered FVCI for investment in IVCUs/VCFs or schemes/funds set up by the VCFs.

The Reserve Bank may, on application, permit a FVCI which has received ‘in principle’ registration from SEBI to open a Foreign Currency Account and/or a Rupee Account with a designated branch of an authorised dealer with the following permissible transac­tions :

(i)         Crediting inward remittance received through normal banking channels or the sale proceeds (net of taxes) of invest­ments.

            (ii)        Making investment in accordance with the provisions of paragraph 1 above.

(iii)       Transferring funds from the Foreign Currency Account of the FVCI to their own Rupee account.

(iv)       Remitting funds from the Foreign Currency or rupee account subject to payment of applicable taxes.

            (v)        Meeting local expenses of the FVCI.

 

Forward Cover.

Authorised Dealers may offer forward cover to FVCIs to the extent of total inward remittance. In case the FVCI has made any remittance by liquidating some investments, original cost of the investments will be deducted from the eligible cover.

 

Valuation of Investments.

The FVCI may acquire by purchase or otherwise or sell shares/convertible debentures/units or any other investment held by it in the IVCUs or VCFs or schemes/funds set up by the VCFs at a price that is mutually acceptable to the buyer and the seller/issuer. The FVCI may also receive the proceeds arising of the liquidation of VCFs or schemes/funds set up by the VCFs.

 

Adherence to SEBI Guidelines

FVCIs shall abide by the relevant regulations/guidelines issued by Securities and Exchange Board.]

 

 

 

 


 [K1]Words “/OCB” omitted by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regula­tions, 2001, w.e.f. 29-11-2001.

 [K2]Words “or an Overseas Corporate Body (OCB)” omitted by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regula­tions, 2001, w.e.f. 29-11-2001.

 [K3]Substituted by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Second Amendment) Regulations, 2003, w.e.f. 18-6-2003. Prior to substitution, sub-paragraph (i), as amended by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regulations, 2001, w.e.f. 29-11-2001, read as under :

       “(i)  the NRI designates a branch of an authorised dealer for routing his transactions relating to purchase and sale of shares/convertible debentures under this Scheme, and routes all such transactions only through the branch so designat­ed;”

 

 [K4]Words “or OCB” omitted by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regulations, 2001, w.e.f. 29-11-2001.

 [K5]Words “or OCB” omitted by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regulations, 2001, w.e.f. 29-11-2001.

 [K6]Words “or OCBs” omitted by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regulations, 2001, w.e.f. 29-11-2001.

 [K7]Words “or OCBs” omitted by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regulations, 2001, w.e.f. 29-11-2001.

 [K8]Words “or OCB” omitted by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regulations, 2001, w.e.f. 29-11-2001.

 [K9]Words “/OCB” omitted by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regulations, 2001, w.e.f. 29-11-2001.

 [K10]Omitted by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regulations, 2001, w.e.f. 29-11-2001.

 [K11]Substituted by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regulations, 2001, w.e.f. 29-11-2001.

 [K12]Substituted by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Second Amendment) Regulations, 2003, w.e.f. 18-6-2003. Prior to substitution, paragraph 3, as amended by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regulations, 2001, w.e.f. 29-11-2001, read as under :

        “3. Remittance/credit of sale/maturity proceeds of shares and/or debentures.—The net sale/maturity proceeds (after payment of taxes) of shares and/or debentures of an Indian company purchased by NRI under this Scheme, may be allowed by the designated branch of an authorised dealer referred to in paragraph 1,

        (a)  to be credited to NRSR account of the NRI inves­tor where the payment for purchase of shares and/or debentures sold was made out of funds held in NRSR account, or

        (b)  at the NRI investor’s option to be credited to his/its NRO or NRSR account, where the shares and/or debentures were purchased on non-repatriation basis, or

        (c)  at the NRI investor’s option, to be remitted abroad or credited to his/its NRE/FCNR/NRO/NRSR account, where shares and/or debentures were purchased on repatriation basis.”

 

 [K13]Words “or OCB” omitted by the FEM [Withdrawal of General Permission to Overseas Corporate Bodies (OCBs)] Regulations, 2003, w.e.f. 3-10-2003.

 [K14]Words “/OCB” omitted by the FEM [Withdrawal of General Permission to Overseas Corporate Bodies (OCBs)] Regulations, 2003, w.e.f. 3-10-2003.

 [K15]Words “or OCB” omitted by the FEM [Withdrawal of General Permission to Overseas Corporate Bodies (OCBs)] Regulations, 2003, w.e.f. 3-10-2003.

 [K16]Words “or an Overseas Corporate Body (OCB)” omitted by the FEM [Withdrawal of General Permission to Overseas Corporate Bodies (OCBs)] Regulations, 2003, w.e.f. 3-10-2003.

 [K17]Words “or an Overseas Corporate Body” omitted by the FEM [Withdrawal of General Permission to Overseas Corporate Bodies (OCBs)] Regulations, 2003, w.e.f. 3-10-2003.

 [K18]Inserted by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Second Amendment) Regulations, 2003, w.e.f. 18-6-2003.

 [K19]Word “/OCB” omitted by the FEM [Withdrawal of General Permission to Overseas Corporate Bodies (OCBs)] Regulations, 2003, w.e.f. 3-10-2003.

 [K20]Words “and Overseas Corporate Body” omitted by the FEM [Withdrawal of General Permission to Overseas Corporate Bodies (OCBs)] Regulations, 2003, w.e.f. 3-10-2003.

 [K21]Words “or an Overseas Corporate Body” omitted by the FEM [Withdrawal of General Permission to Overseas Corporate Bodies (OCBs)] Regulations, 2003, w.e.f. 3-10-2003.

 [K22]Words “or an Overseas Corporate Body” omitted by the FEM [Withdrawal of General Permission to Overseas Corporate Bodies (OCBs)] Regulations, 2003, w.e.f. 3-10-2003.

 [K23].      Inserted by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Fourth Amendment) Regulations, 2003, w.e.f. 27-10-2003.

 [K24]Words “or an Overseas Corporate Body” omitted by the FEM [Withdrawal of General Permission to Overseas Corporate Bodies (OCBs)] Regulations, 2003, w.e.f. 3-10-2003.

 [K25]Inserted by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Fourth Amendment) Regulations, 2003, w.e.f. 27-10-2003.

 [K26]Inserted by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Fourth Amendment) Regulations, 2003, w.e.f. 27-10-2003.

 [K27]Words “or an Overseas Corporate Body” omitted by the FEM [Withdrawal of General Permission to Overseas Corporate Bodies (OCBs)] Regulations, 2003, w.e.f. 3-10-2003.

 [K28]Words “or OCB” omitted by the FEM [Withdrawal of General Permission to Overseas Corporate Bodies (OCBs)] Regulations, 2003, w.e.f. 3-10-2003.

 [K29]Words “or OCB” omitted by the FEM [Withdrawal of General Permission to Overseas Corporate Bodies (OCBs)] Regulations, 2003, w.e.f. 3-10-2003.

 [K30]Inserted by the FEM (Transfer or Issue of Security by a Person Resident outside India) (Fourth Amendment) Regulations, 2003, w.e.f. 27-10-2003.

 [K31]Inserted by FEM (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regulations, 2000, w.e.f. 26-12-2000.

 [K32].      Inserted by FEM (Transfer or Issue of Security by a Person Resident outside India) (Amendment) Regulations, 2000, w.e.f. 26-12-2000.