As per my knowledge, there are broadly two sets of regulations application on capital account inflows Foreign Direct Investments (FDI), and External Commercial Borrowings and Trade Credits (ECBs). Very common misconceptions exist as to what transactions are covered under which Regulation, and whether the transaction in question is covered by either of these Regulations. This write up is intended to be a simplified guide to the FDI and ECB Regulations.
Hi , According to me, there are several forms of debt instruments through which indian companies may source debt funding. These are commonly termed as external commercial borrowings (ecbs), Foreign currency convertible bonds (fccbs), foreign currency exchangeable bonds (fcebs), preference shares and debentures which do not fall under fdi guidelines (see discussion above), and trade credits (tcs).
ECB route is allowed only to “eligible borrowers”, from “recognized lenders”. The term “eligible borrowers” includes most corporates, but excludes banks, financial institutions and NBFCs. Infrastructure finance companies are permitted to raise ECBs. SEZ units are also allowed to raise ECBs.
Recognised lenders means (i)internationalbanks, (ii) international capital markets, (iii)multilateral financialinstitutions (such as IFC, ADB, CDC,etc.) / regional financial institutions and Government owneddevelopment financial institutions, (iv) export credit agencies,(v) suppliers of equipments, (vi) foreign collaborators and (vii)foreign equity holders. In order for a foreign equity holder to be a lender, there are minimum equity holding requirements too. The essence of the so-called “recognized lender” criteria is that not one can lend money under the terms of ECB. For example, individuals, finance companies, NGOs, etc cannot be lenders under ECBs.
FDI largely follows the interest of aqua-ring managerial control of an oversees farm,where as ECB is a way to avail foreign capital and its use in domestic market is restricted to some area like you can't invest in equity from ECB loan. but in FDI an overseas company can invest in equity too.
ECB can be raised from international banks, international capital markets, multilateral financial institutions like IFC, ADB etc., export credit agencies, suppliers of equipments, foreign collaborators and equity holders.
Foreign direct investment (FDI) refers to a direct investment into production or business in a country by a company in foreign country, either by buying a company in the target country or by expanding operations of an existing business in that country. ECB pertains to commercial loans in the form of bank loans, buyers’ credit, suppliers’ credit, securitized instruments obtained from non-resident lenders..
But this norm was present in budget 2011-12. Foreign direct investment (FDI) norm and easing of rules for external commercial borrowings, in the present tight project finance situation and rising cost of loans, but!
Hi, according to my knowledge government issues a Press Note stating that fully convertible preference shares would be treated as part of share capital and would be included in calculating foreign equity for purposes of sectoral caps. All other types of preference shares would be regarded as external commercial borrowings (ECB) and would have to conform to the ECB guidelines.