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Regulation 2 - Regulation - Regulations - FEMA - Regulation 2 - 2. In these Regulations, unless the context requires otherwise,- (i) Act means the Foreign Exchange Management Act, 1999 (42 of 1999); (ii) Asset Reconstruction Company (ARC) means a company registered with the Reserve Bank under section 3 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act); (iii) Authorised bank will have the same meaning as assigned to it in Fo .....

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convertible debentures. Preference shares means fully, compulsorily and mandatorily convertible preference shares. Share Warrants are those issued by an Indian Company in accordance with the Regulations issued by the Securities and Exchange Board of India. Capital instruments can contain an optionality clause subject to a minimum lock-in period of one year or as prescribed for the specific sector, whichever is higher, but without any option or right to exit at an assured price. (b) Partly paid .....

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e/ partially convertible preference shares issued as on and up to April 30, 2007 and optionally convertible/ partially convertible debentures issued up to June 7, 2007 till their original maturity. Non-convertible/ optionally convertible/ partially convertible preference shares issued after April 30, 2007 shall be treated as debt and shall conform to External Commercial Borrowings guidelines regulated under Foreign Exchange Management (Borrowing and Lending in Foreign Exchange) Regulations, 2000 .....

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f securities, an Indian Depository, a Depository Participant, or a bank and having permission from Securities and Exchange Board of India to provide services as custodian; (viii) Domestic Depository means a custodian of securities registered with the Securities and Exchange Board of India and authorised by the issuing entity to issue Indian Depository Receipts; (ix) Depository Receipt means a foreign currency denominated instrument, whether listed on an international exchange or not, issued by a .....

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h Foreign Exchange Management (Deposit) Regulations, 2016; (xii) FDI linked performance conditions means the sector specific conditions stipulated in regulation 16 of these Regulations for companies receiving foreign investment; (xiii) Foreign Venture Capital Investor (FVCI) means an investor incorporated and established outside India and registered with Securities and Exchange Board of India under Securities and Exchange Board of India (Foreign Venture Capital Investors) Regulations, 2000; (xiv .....

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Foreign Currency Convertible Bonds and Ordinary Shares (Through Depository Receipt Mechanism) Scheme, 1993; (xvii) Foreign Direct Investment (FDI) means investment through capital instruments by a person resident outside India in an unlisted Indian company; or in 10 percent or more of the post issue paid-up equity capital on a fully diluted basis of a listed Indian company; Note: In case an existing investment by a person resident outside India in capital instruments of a listed Indian company .....

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eclaration is made by persons as per the provisions of the Companies Act, 2013 about a beneficial interest being held by a person resident outside India, then even though the investment may be made by a resident Indian citizen, the same shall be counted as foreign investment. Note: A person resident outside India may hold foreign investment either as Foreign Direct Investment or as Foreign Portfolio Investment in any particular Indian company. (xix) Foreign Portfolio Investment means any investm .....

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e Board of India (Foreign Portfolio Investors) Regulations, 2014 (xx) Foreign Portfolio Investor (FPI) means a person registered in accordance with the provisions of Securities Exchange Board of India (Foreign Portfolio Investors) Regulations, 2014. Explanation: Any Foreign Institutional Investor (FII) or a sub account registered under the Securities Exchange Board of India (Foreign Institutional Investors) Regulations, 1995 and holding a valid certificate of registration from Securities and Exc .....

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; (xxii) Group company means two or more enterprises which, directly or indirectly, are in a position to (a) exercise 26 percent, or more of voting rights in other enterprise; or (b) appoint more than 50 percent, of members of board of directors in the other enterprise; (xxiii) Indian company means a company incorporated in India and registered under the Companies Act, 2013; (xxiv) Indian Depository Receipts (IDRs) means any instrument in the form of a depository receipt created by a Domestic De .....

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is will include to acquire, hold or transfer depository receipts issued outside India, the underlying of which is a security issued by a person resident in India. (b) For the purpose of LLP, investment shall mean capital contribution or acquisition/ transfer of profit shares. (xxviii) Investment on repatriation basis means an investment, the sale/ maturity proceeds of which are, net of taxes, eligible to be repatriated out of India, and the expression Investment on nonrepatriation basis , shall .....

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estment Funds (AIFs) governed by the Securities and Exchange Board of India (AIFs) Regulations, 2012; (xxx) Limited Liability Partnership (LLP) means a partnership formed and registered under the Limited Liability Partnership Act, 2008; (xxxi) Listed Indian Company means an Indian company which has any of its capital instruments listed on a recognized stock exchange in India and the expression Unlisted Indian Company shall be construed accordingly; (xxxii) Manufacture , with its grammatical vari .....

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Deposit) Regulations, 2016; (xxxiv) NRO account means a Non-Resident Ordinary account maintained in accordance with the Foreign Exchange Management (Deposit) Regulations, 2016; (xxxv) Non-Resident Indian (NRI) means an individual resident outside India who is citizen of India; (xxxvi) Overseas Citizen of India (OCI) means an individual resident outside India who is registered as an Overseas Citizen of India Cardholder under Section 7(A) of the Citizenship Act, 1955; (xxxvii) Resident Indian citi .....

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ndia in capital instruments of a company or the capital of an LLP, as the case may be, and indirect foreign investment, unless provided otherwise. This shall be the composite limit for the Indian investee entity; Explanation: (a) FCCBs and DRs having underlying of instruments being in the nature of debt shall not be included in the sectoral cap. (b) Any equity holding by a person resident outside India resulting from conversion of any debt instrument under any arrangement shall be reckoned under .....

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