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i) No. Loan and guarantee can be extended to an overseas entity only if there is already existing equity / CCPS participation by
way of direct investment.
However, based on the business requirement of the Indian Party and legal requirement of the host country in which JV/WOS is
located, proposals from the Indian party for undertaking financial commitment without equity contribution in JV / WOS may be
considered by the Reserve Bank under the approval route.
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Let me informed that
i) No. Loan and guarantee can be extended to an overseas entity only if there is already existing equity / CCPS participation by
way of direct investment.
However, based on the business requirement of the Indian Party and legal requirement of the host country in which JV/WOS is
located, proposals from the Indian party for undertaking financial commitment without equity contribution in JV / WOS may be
considered by the Reserve Bank under the approval route.
Dear Friend,
as far as your query is concerned that Can an Indian Party extend loan or guarantee to an overseas entity without any equity participation in that entity?
Let me informed that
i) No. Loan and guarantee can be extended to an overseas entity only if there is already existing equity / CCPS participation by
way of direct investment.
However, based on the business requirement of the Indian Party and legal requirement of the host country in which JV/WOS is
located, proposals from the Indian party for undertaking financial commitment without equity contribution in JV / WOS may be
considered by the Reserve Bank under the approval route.
In case, however, the overseas entity is a first level step down operating subsidiary of the Indian party, guarantee may be issued by
the Indian party on behalf of such step down operating subsidiary provided such guarantee is reckoned for the purpose of computing
the total financial commitment of the Indian party.
In case, the overseas entity is a second or subsequent level step down operating subsidiary of the Indian party, guarantee may be
issued by the Indian party on behalf of such step down operating subsidiary with prior approval of the Reserve Bank provided such
Indian party holds indirect stake of not less 51% in the step down operating subsidiary and guarantee is reckoned for the purpose of
computing the financial commitment of the Indian party.
ii) Eligible Indian companies are allowed to participate in a consortium with other international operators to construct and maintain
submarine cable systems on co-ownership basis under the automatic route.
Hope answer was helpful to you
Regards,
Arjun Pratap Singh