A Study of Laws Affecting the Issue of shares to Foreign Investors
Keywords:
population, economy, economic growth, government, market regulators, private equity shares, FDI, e-commerce, Foreign Exchange Management Act, investorsAbstract
India, the seventh-largest country by area and the second biggest country in terms of population. At the same time, it is also one of the fastest-growing country in terms of economy. However, this economic growth is majorly attributed to the sweep of changes that have been ushered by the governments as well as regulators to meet the market’s expectations. Various changes have also been made to several laws which deal with the compliances whereby the governments have streamlined the laws and brought them in line with the socio-economic changes that have happened. This paper introduces the basic legal regime regarding the issue of Private Equity Shares to foreign investors. It further discusses the FDI Regime specific to the e-commerce sector followed by discussion upon the Foreign Exchange Management Act. It should be noted that the laws discussed here are subject to change as the regulatory environment in India is dynamic.
References
1. https://www.investopedia.com/terms/p/pri vateequity.asp last accessed on 03 February 2020
2. The Companies Act, 2013, s 42
3. The Companies Act, 2013, s 62
4. Companies (Prospectus and Allotment of Securities) Rule, 2014, rule 14(2)(b).
5. The Companies Act, 2013, s 42(3)
6. Companies (Prospectus and Allotment of Securities) Rule, 2014, rule 14(2)(c).
7. Companies (Prospectus and Allotment of Securities) Rule, 2014, rule 14(2)
8. The Companies Act, 2013, s 42(2)
9. The Companies Act, 2013, s 42(6).
10. The Companies Act, 2013, s 179(3)
11. The Companies Act, 2013, s 179(3)(g)
12. The Companies Act, 2013, s 117(3)(a)
13. The Companies Act, 2013, s 88
14. The Companies Act, 2013, s 61(1)(a)
15. Section 62(1)(c) read with rule 13 of the Companies (Share Capital and Debentures) Rules, 2014
16. OECD (2008) Benchmark Definition of Foreign Direct Investment, Fourth Edition OECD, Paris.
17. UNCTAD (2013) World Investment Report, UNCTAD, Geneva,
18. Foreign Exchange Management Act, 1999, s 6(3)
19. Foreign Exchange Management Act, 1999, s 47
20. RBI Master Direction No.11/2017 -18 (January 04, 2018) <https://rbidocs.rbi. org.in/rdocs/notification/PDFs/MD11_040 12018B4D0DB4E6DA04CC4B7AF62AA 03D90 2BE.PDF> last accessed on 02 February 2020
21. The Indian Union Budget for the financial year 2017-18, announced the Government’s decision to abolish FIPB and measures to monitor foreign investments in regulated sectors. Pursuant to this announcement, FIPB has been abolished.
22. FDI AND ISSUE OF SHARES FOR CONSIDERATION OTHER THAN CASH’ www.aralaw.com/wp- content/ uploads/2016/08/FDI-and-issue-of-shares- for-consideration-other-than-cash-June- 2012.pdf Last accessed 26 August 2019 RBI Master Circular No. 15 /2012 -13 (July 02, 2012) <https://rbidocs.rbi.org.in/ rdocs/notification/PDFs/15MF010712FLS .pdf> last accessed 02 January 2020
23. Section 5 of Foreign Exchange Management (Transfer or issue of security by a person resident outside India) Regulations, 2000
24. SEBI (Alternative Investment Funds) Regulations, 2012, Regulation 3(4)(a)
25. SEBI (Alternative Investment Funds) Regulations, 2012 Regulation 3(4)(b)
26. SEBI (Alternative Investment Funds) Regulations, 2012 Regulation 3(4)(c) Cite this Article Prakhar Harit . the Issue of shares to Foreign Investors. International Business Law . June 2020; 3(1): 1–7p.
