The RBI is engaging in discussions with Authorized Dealer banks to navigate the complexities of the revamped Overseas Investment Rules introduced in 2022. Since its introduction, various nuances and interpretation issues have emerged.
👉 For instance, in the erstwhile ODI regime, round tripping of funds was not permitted and required a prior RBI approval with substantial commercial reasoning of consummating such structures. With the advent of the OI Rules, the prohibition is applicable only where the ODI-FDI structure results in a structure with more than two layers of subsidiaries. The computation mechanism to determine the layering of subsidiaries has sparked debate.
❓ Further, whether the investment in the FDI leg entity will be construed as FDI or will it be ultimately considered as an Indian owned and controlled entity, thereby not requiring it to comply with FDI regulations.
⛔ A discomfort has been expressed by AD-Banks to permit the remittance of sums by individuals or profitable manufacturing, trading or service sector entities, to invest in a WOS which will act like a holding investment company on the ground that the WOS does not comply with ‘bonafide business activity’.
💡 There is a need to narrow down the disconnect between the Fund Management Regulations,2022 (FM Regulations) issued by the IFSCA and the OI Rules issued by the Finance Ministry. In terms of investment for setting up a Family Investment Fund in IFSC, there has been an ambiguity on whether the investment by an Indian Entity will be treated as an ODI or an OPI. Considering a varied net-worth requirement under the ODI (400% of NW) and OPI route (50% of NW), a clarification in this aspect would certainly fuel the investments in GIFT City. Separately, permitting a private trust to make investment in IFSC is also required to be addressed by the OI Rules.
💸 For resident UHNIs, inclusion of investment in IFSC with the overall remittance limit of the Liberalized remittance Scheme of USD 250,000 along with an additional applicability of TCS provisions, have discouraged investments in IFSC. A consideration to revise the limits or delink LRS with investment in IFSC could boost investments amongst the HNIs and UHNIs in IFSC.
📰 It would be quite helpful if such discussions are taken up between the Banks and RBI and the clarifications are brought in through FAQ’s or an amendment to the existing regulations which is available to public at large.