Foreign Exchange Management (Transfer or Issue of Security by a person Resident outside India) (First Amendment) Regulations, 2004 - 108/2004 - Foreign Exchange Management

Foreign Exchange Management (Transfer or Issue of Security by a person Resident outside India ) (First Amendment) Regulations, 2004 Reserve Bank of India Exchange Control Department Central Office Mumbai-400 001 Notification No.FEMA. 108/2004-RB Dated January 1, 2004 Published in the Official Gazette of Government of India - Extraordinary - Part-II, Section 3, Sub-Section (i) dated 07.01.2004 - G.S.R. No. 12(E) In exercise of the powers conferred by clause (b) of sub-section (3) of Section 6 and Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999) and in partial modification of its Notification No. FEMA 20/2000-RB dated 3 rd May 2000, the Reserve Bank of India makes the following amendments in the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000, namely: 1. Short title and Commencement i. These Regulations may be called the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India)(First Amendment) Regulations, 2004. (ii) They shall come into force from the date of their publication in the Official Gazette. 2. Amendment of the Regulations In the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000, in Schedule 2. i. In paragraph 1 a. For sub- paragraphs 1 and 2, the following sub- paragraphs shall be substituted, namely: '(1) A registered Foreign Institutional Investor (FII) may purchase the shares and convertible debentures of an Indian company under Portfolio Investment Scheme. (2) The purchase of shares /convertible debentures under sub-paragraph (1) shall be made through registered broker on recognized stock exchange in India. ii. For paragraph 2, the following paragraph shall be substituted, namely: ' A registered Foreign Institutional Investor may open a Foreign Currency Account and/or a Special Non-Resident Rupee Account with a designated branch of an authorized dealer for routing the receipt and payment for transaction relating to purchase and sale of shares/convertible debentures under this Scheme, subject to the following conditions: The Account shall be funded by inward remittance through normal banking channels or by credit of sale proceeds (net of taxes) of the shares/convertible debentures sold on stock exchange. The funds in the account shall be utilized for purchase of shares convertible debentures in accordance with the provisions of paragraph 1 of this Scheme or for remittance outside India. The funds from Foreign Currency Account of the registered FII may be transferred to Special Non-Resident Rupee account of the same FII and vice-versa.' iii. In paragraph 4, (a) for sub-paragraph (1), the following sub-paragraph shall be substituted, namely: 'A domestic asset management company or portfolio manager, who is registered with SEBI as a foreign institutional investor for managing the fund of a sub-account may make investment under the Scheme on behalf of i. a person resident outside India who is a citizen of a foreign state, or ii. a body corporate registered outside India; Provided such investment is made out of funds raised or collected or brought from outside through normal banking channel.' (b) sub-paragraph (2) shall be deleted. (c) sub-paragraph (3) shall be re-numbered as sub-paragraph(2). (Usha Thorat) Executive Director G.S.R.No.12(E) dated 7.1.2004 Foot-note: The Principal Regulations were published in the Official Gazette vide G.S.R.No.406(E) dated May 8, 2000 in Part II, Section 3, Sub-Section (i) and subsequently amended vide G.S.R.No.158(E) dated March 2, 2001, G.S.R.No.175(E) dated March 13, 2001, G.S.R.No.182(E) dated March 14, 2001, G.S.R.No.4(E) dated January 1, 2002, G.S.R.No.574(E) dated August 19, 2002, G.S.R.No.223(E) dated March 18, 2003, G.S.R.No.225(E) dated March 18, 2003 and G.S.R.No558(E) dated July 22, 2003, G.S.R.NO.835(E) dated October 23, 2003 and G.S.R.No.899(E) dated November 22, 2203. That as rectified and modified as aforesaid, the Principal Regulations shall remain in full force and effect. G.S.R.No.716(E)/29.10.2004