Easier norms for Indian firms for outward Investment
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The proposed Outward Direct Investment (ODI) policy may contain provisions to make it easy for many Indian firms, envisioning ambitious plans to transform themselves into multinational companies (MNC), to go global and expand.
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Approval requirements and other norms would be simplified in a manner that would encourage ‘internationalisation’ of Indian companies.
However, sources, privy to the developments, also said the ODI policy was expected to tighten regulations to prevent round-tripping structures, where funds are routed by Indiabased companies into a newly formed or existing overseas subsidiary and then brought back to India to circumvent regulations here.
They said the Reserve Bank of India (RBI) and the Finance Ministry (tax department) were concerned about such structures.
According to India Brand Equity Foundation (IBEF), “Indian firms invest in foreign shores primarily through mergers and acquisition (M&A) transactions. With rising M&A activity, companies will get direct access to newer and more extensive markets, and better technologies, which would enable them to increase their customer base and achieve a global reach.”
Currently, the jurisdiction over ODI is mainly with the RBI, and the concerned law here is the Foreign Exchange Management Act.
As per the current norms, if a holding company is used to make an investment, it may qualify as a core investment company/ nonbanking financial company, and therefore, not allowed to invest in nonfinancial services outside India.
Also, if the overseas business goes bankrupt, approvals are required for depletion in value of more than 25%.
As per Finance Ministry data, India’s ODI rose 56.1% year-on-year from $6.8 billion in 201415 to $10.6 billion in 2015-16, and further up by 39.37% to $14.8 billion in 201617.
Top ten ODI destination countries in FY’15, FY’16 and FY’17 included Mauritius, Singapore, the U.S., the UAE and the Netherlands.
Interestingly, this composition of ODI destination countries more or less mirrored the top sources of foreign direct investment inflows into India in the same period including Singapore, the U.S., the UAE , Netherlands and the Mauritius.
Outward Direct Investment (ODI)
An outward direct investment (ODI) is a business strategy in which a domestic firm expands its operations to a foreign country.
This can take the form of a green field investment, a merger/acquisition or expansion of an existing foreign facility.
Employing outward direct investment is a natural progression for firms if their domestic markets become saturated and better business opportunities are available abroad.