The proposed partnership deal of Bharti Airtel and South African telecom giant MTN will be the first telecom company that will test the new norms for foreign investment announced under Press Notes 2, 3 and 4 in February 2009.
Since the effective foreign ownership in Bharti Airtel (including the proportionate foreign ownership through the parent company), is set to cross the threshold limit of 74 per cent after consummation of this transaction, it is expected to approach the government for approval under the new norms, said a leading investment banker on condition of anonymity.
Under the New Telecom Policy, 2005, foreign ownership, including foreign direct investment (FDI) and portfolio investment in telecom, is capped at 74 per cent. However, under Press Notes 2, 3 and 4, the foreign holding in the parent company — in this case Bharti Telecom, which owns 45 per cent in Bharti Airtel — will not be counted, since the Indian promoters own more than 50 per cent in it.
Therefore, Bharti Telecom’s entire stake of 45.3 per cent (pre-transaction) in Bharti Airtel and 28.78 per cent (post transaction) will be considered Indian holding under the new norms.
In Bharti Telecom, the foreign holding is a little above 40 per cent. Singtel, currently the largest foreign investor in Bharti Airtel, with 28.46 per cent, owns 28 per cent of Bharti Telecom (as a result, it has a 12.86 per cent pro-rata ownership in Bharti Airtel) and another 15.58 per cent directly in Bharti Airtel. In addition, Vodafone also owns nearly 10 per cent in Bharti Telecom, which gives the European service provider a pro-rata control of 4.4 per cent in Bharti Airtel.
However, Reserve Bank of India and the Department of Economic Affairs have already expressed their strong reservations on Press Notes 2, 3 and 4, for allowing companies to breach sectoral FDI limits by creating multi-layered investment models. The objections are awaiting clarifications from the commerce and industry ministry.
Bharti Airtel would be the third major company to test the new FDI norms. UTV Software Communications, 60 per cent owned by the US-based Walt Disney, is exploring the possibility of increasing its holding to 49 per cent in UTVi, the business news channel. Similarly Pantaloons India has restructured its retail business and is planning to bring in FDI by creating multi-layer holding-cum operational companies.
The proposed partnership deal of Bharti Airtel with South African telecom major MTN, if it gets a green signal from the regulatory authorities, will bring down Sunil Mittal’s effective ownership to below 18 per cent. Mittal, who is chairman and managing director of the company, will then become the third-largest shareholder after MTN and Singtel.
by what time the baharathi airtel - mtnl deal is comleted or when the positive news is coming and this deal will effect to increase share value please reply
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Therefore, Bharti Telecom’s entire stake of 45.3 per cent (pre-transaction) in Bharti Airtel and 28.78 per cent (post transaction) will be considered Indian holding under the new norms.
