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Restructuring foreign entity under ODI rules - FEMAExtract Rule 18 of the ODI Rules, 2022 states that A person resident in India who has made ODI in a foreign entity may permit restructuring of the balance sheet by such foreign entity, which has been incurring losses for the previous two years as evidenced by its last audited balance sheets, subject to... . What is restructuring is not defined; however assuming capital reduction is restructuring, my doubt is whether such a capital reduction is permitted even when the foreign entity does not incur losses in the last 2 years? What happens when the Indian entity does not have control ? If a capital reduction happens even without losses, can the Indian entity prevent the reduction? Any thoughts will be appreciated.
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