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No govt nod needed for 49% FPI in most sectors

Brownfield pharma, single-brand retail, insurance, pension to be impacted positively

BS Reporter  |  New Delhi 

The government on Thursday allowed up to 49 per cent foreign portfolio investment (FPI) through the automatic route in most sectors, including brownfield pharmaceuticals, single-brand retail, insurance, pension and facsimile editions of foreign newspapers. This is part of the new foreign investment policy, which allows composite foreign investment caps in all sectors barring private banking and defence.

Up to 49 per cent FPI could also come without government permission in commodity exchanges, credit information companies, stock exchanges, power exchanges, tea plantation, scientific journals, up-linking and down-linking of non-news current affairs TV channels, mining and mineral-separation of titanium.

Earlier, these sectors had lower caps for the automatic route. For instance, in the insurance and pension sectors, FPI of up to 26 per cent was allowed through the automatic route, while in brownfield pharma, any investment would require the government’s prior permission. This was also true of mining and mineral separation of titanium. In technical and scientific journals, facsimile editions of foreign newspapers and up-linking and down-linking of non-news current affairs TV channels, too, foreign investment required the government’s approval.

In single-brand retail, 100 per cent foreign direct investment (FDI) was allowed, but only up to 49 per cent could come through the automatic route. Now, up to 49 per cent FPI can come through the automatic route.

In commodity, power and stock exchanges, 49 per cent foreign investment was allowed automatically, but only 23 per cent could come as FPI. In credit information companies, 74 per cent foreign investment was allowed through the automatic route, but only up to 24 per cent could come as FPI.

Now, only a few sectors such as print media (dealing with news and current affairs) would have a lower foreign investment cap (26 per cent), including for FPI.

Meanwhile, the government allowed composite caps for the sectors, instead of the earlier practice of separate caps for FDI and FPI. The Cabinet had taken a decision in this regard earlier this month.

“Now, there will be complete fungibility across all sectors and FII (foreign institutional investment) up to 49 per cent will be allowed automatically. Under the new rules, companies with a 100 per cent FDI limit can increase the limit of FII up to that level, of which 49 per cent requires no prior approval,” said a senior official of the Department of Industrial Policy and Promotion.

Private banking and defence are the only exceptions. In the private banking space, the aggregate FPI limit can go up to 49 per cent, while the overall foreign investment limit is 74 per cent. Through the automatic route, it could be up to 49 per cent and prior government permission would have to be sought for FDI beyond that. In the defence sector, foreign investment, including FPI and FDI, could be up to 49 per cent with prior permission of the government. Beyond that, the permission of the Cabinet Committee on Security has to be sought. These sectors were strategic and require more deliberation, the official said.

Earlier this year, Mumbai-based drug maker Lupin’s proposal to raise FII holding in the company from 31.77 per cent to 49 per cent was stuck. Subsequently, the company approached the government, following which it was allowed.

Now, Indian pharmaceutical companies can increase FPI, including FII, holding up to 49 per cent without government approval. However, if the entity intends to raise it to the sectoral limit of 100 per cent, it has to take the government’s prior permission.

The only caveat in this regard is if the foreign equity entering a certain company results in transfer of ownership from residents to foreign entities, the government’s permission in required.

As the government made foreign investment fungible, foreign investments would include FDI, FPI, investment from non-resident Indians and foreign venture capital investment. However, foreign currency convertible bonds and depository receipts will not be treated as foreign investment unless these are converted from debt instruments to equity holding.


THEN AND NOW

What was the previous position?
  • Sectors had separate limits for foreign portfolio investment (FPI) and foreign direct investment (FDI)
  • FPI and FDI were treated separately
What has changed now?
  • Complete fungibility across all forms of foreign investment
  • All foreign equity to be known as foreign investment, with one sectoral cap
  • Foreign portfolio investments will be subsumed under the larger sectoral cap
  • Sectors that followed government route, including those having 100% under government route, can now have FPI up to the level of 49 per cent under the automatic route. Beyond 49 per cent will require prior permission from the government
SECTORS IMPACTED

Earlier position:
  • Commodity, Power, Stock Exchanges: 49% foreign investment under automatic route, but only 23 per cent could come through FPI
  • Credit Information Companies: 74% foreign investment under automatic route, but only 24% as FPI
  • Brownfield Pharmaceuticals: 100% FDI via government route
  • Single-Brand product retail trading: 100% FDI, (49% automatic route)
  • Insurance and pension: 49% (FDI+FPI), but only 26 per cent through automatic route
  • Publication of facsimile editions of foreign newspapers, scientific and technical journals: 100% FDI via government route
  • Tea Plantation: 100% FDI via government route
  • Mining and mineral separation of Titanium: 100% FDI via government route
Present position:
  • FII up to 49% now allowed under automatic route
  • Prior govt permission is required beyond 49%

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First Published: Fri, July 31 2015. 00:59 IST
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