Defining Risk in International Trade: Focus on Country Risk
In the realm of international trade, risk refers to the potential for adverse outcomes or financial losses arising from uncertainties inherent in cross-border transactions. Among the various types of risks encountered in global business, country risk is particularly significant. It pertains to the potential for political, economic, or social developments in a foreign country to…
Read article Mitigating Risks in Foreign Trade: The Role of ECGC
International trade offers significant growth opportunities for Indian exporters but also exposes them to various risks—commercial, political, and financial. The Export Credit Guarantee Corporation of India (ECGC) plays a pivotal role in mitigating these risks, thereby promoting greater confidence and participation in global markets. ECGC provides insurance and guarantees to Indian exporters and lending institutions…
Read article
Documentation Requirements for Obtaining and Refunding Foreign Investments (FDI) in India
Foreign investments into India are regulated under the Foreign Exchange Management Act (FEMA), 1999, and related rules and regulations issued by the Reserve Bank of India (RBI). The process involves detailed compliance and reporting requirements to ensure transparency and regulatory oversight. A. Documents Required for Obtaining Foreign Investments (FDI) These documents must be submitted to…
Read article
Snapshot: Non-Debt Instruments (NDI) Rules in Relation to Foreign Investment and ECB
The Foreign Exchange Management (Non-Debt Instruments) Rules, 2019, notified by the Central Government under the FEMA Act, regulate foreign investment in India in equity and equity-linked instruments. While ECBs fall under the debt category and are governed separately, understanding NDI Rules is critical where ECB transactions involve equity-related security creation (e.g. pledge of shares) or…
Read article Rules Governing Pledge of Shares – Operational Guidelines under the ECB Framework
Under India’s External Commercial Borrowing (ECB) framework, companies are permitted to pledge shares to secure ECBs, subject to specific regulatory conditions. These provisions ensure that such pledges are aligned with corporate governance norms and foreign exchange regulations, while also protecting the interests of stakeholders. Key Operational Guidelines for Pledge of Shares in ECB Regulatory and…
List of Prohibitory Sector/End-Use Restrictions under External Commercial Borrowings (ECB) Framework
External Commercial Borrowings (ECB) are an important source of foreign funding for Indian entities. However, the Reserve Bank of India (RBI) has laid down specific guidelines restricting the end-use of ECB proceeds to ensure prudent use of external debt and financial stability. These restrictions apply to all borrowers, with limited exceptions. Prohibited End-Uses of ECB…
Read article