New norms for overseas investment : UPSC Daily Important Topic | 25 August 2022

New norms for overseas investment

Recently, The Ministry of Finance noticed new norms making it easier for domestic corporates to invest abroad, while making it tougher for loan defaulters and those facing a probe by investigative agencies to invest in overseas entities.

Key Highlights of the New Rules

✓Administered by RBI:

The Overseas Investment Rules and Regulations, notified under the FOREIGN EXCHANGE MANAGEMENT ACT will be administered by the RBI and shall subsume all existing norms pertaining to overseas investments as well as the acquisition and transfer of immovable property outside India.

✓No Go Sectors:

A No-Objection Certificate (NOC) will be mandatory for any person who has a bank account classified as a Non performing asset or is labelled a wilful defaulter by any bank, or is under investigation by a financial service regulator, the enforcement directorate  or the CBI

Further, no Indian resident will be permitted to make investments in foreign entities that are engaged in real estate business, gambling in any form and dealing with financial products linked to the Indian rupee without the central bank’s specific approval.

✓Sixty Day Timeline:

However, if the lenders or the relevant regulatory body or investigative agency fail to furnish the NOC within sixty days of receiving an application, it may be presumed that they have no objection to the proposed transaction.