New guidelines for calculating foreign investment in Indian companies

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Following the issue of a government press release relating to the calculation of indirect foreign investment, the Ministry of Commerce and Industry has issued two new press notes on the subject.

Press note 2 clarifies how to calculate the level of indirect foreign investment in an Indian company and press note 3 contains guidelines for the transfer of ownership or control of Indian companies that are engaged in sectors that have sectoral caps prescribed for foreign investors.

The press notes provide definitions that were missing in the government’s original press release. They redefine the framework for calculating foreign indirect investment in Indian operating companies that have received investments from Indian holding companies.

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The legislative and regulatory update is compiled by Nishith Desai Associates, a Mumbai-based law firm. The authors can be contacted at nishith@nishithdesai.com. Readers should not act on the basis of this information without seeking professional legal advice.

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