www.skpcrossborder.com November 29, 2003
Your eye to India-centric and International updates
In the news

RBI allows foreign banks to remit profit every quarter

Foreign banks operating in India will be now allowed to remit their profit after tax on a quarterly basis to their head offices, without the Reserve Bank of India’s prior approval. However, in order to remit profits overseas every three months, foreign banks would have to compulsorily audit their books on a quarterly basis.e

Our Say

The RBI decision is possibly the result of the extremely comfortable level of foreign exchange reserves. Moreover, the majority of the 35 foreign banks in India turned in strong profits with the top 5 having combined profit after tax of Rs 1,707 crore (over US $ 379 mln), which is a comparatively sizeable figure.

 

At present, foreign banks remit profits to their overseas offices only at the end of the financial year. There is also no compulsion on them to audit their books every quarter since they operate in India as branches of their parents and are not publicly listed. Details of the quarterly remittance will have to be submitted to the RBI.

If the remittances relate to unremitted profits of earlier periods, which have not been retained for capital adequacy but held for remittance abroad, full details of the related periods will have to be furnished.

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Proposed Amendment to FDI rules in the offing

A proposal to amend the foreign direct investment (FDI) rules and grant more freedom to overseas companies to set up new ventures in the country, without having to seek a no-objection certificate from their existing local partners, will be taken up by a core group of secretaries very soon- according to finance ministry officials.

Our Say

It has frequently been alleged by foreign investors that Indian firms are misusing the provisions of Press Note 18 to extract hefty premiums, when the former intend to expand their role in the existing joint venture or want to exit the joint venture in favour of a new subsidiary. Responding to the need of greater foreign participation in almost all sectors, the Ministry will instruct the Department of Company Affairs to determine the status of existing joint ventures, the claims being made by the partners, and other legal issues.

 

There is a proposal to amend the no-objection certificate clause in Press Note 18, to put tabs on local joint venture partners that are bankrupt or declared sick, or those who have closed operations or have a poor financial record. As per Press Note 18, a foreign investor is required to procure no-objection certificates from its former or existing Indian partners in order to set up a new subsidiary. Both financial and technical collaborations are covered in this policy, which was formulated to protect Indian companies from their richer foreign partners.

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In the News
RBI allows foreign banks to remit profit every quarter
Proposed Amendment to FDI rules in the offing

Interesting Reads
Plans to revitalize maritime industry to set sail !!
Special Economic Zones to get some more special concessions!!
Comprehensive guidelines on External Commercial Borrowings introduced
Services paid for in foreign exchange exempt from service tax again !

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