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Department of Industrial Policy and Promotion Ministry of Commerce and Industry Government of India

3.5.1 Issue of Rights/Bonus Shares – FEMA provisions allow Indian companies to freely issue Rights/Bonus shares to existing non-resident shareholders, subject to adherence to sectoral cap, if any. However, such issue of bonus / rights shares has to be in accordance with other laws/statutes like the Companies Act, 1956, SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009 (in case of listed companies), etc. The offer on right basis to the persons resident outside India shall be: (a) in the case of shares of a company listed on a recognized stock exchange in India, at a price as determined by the company; (b) in the case of shares. | Department of Industrial Policy and Promotion Ministry of Commerce and Industry Government of India CONSOLIDATED FDI POLICY EFFECTIVE FROM APRIL 1 2011 Government of India Ministry of Commerce Industry Department of Industrial Policy Promotion FC Section CIRCULAR 1 OF 2011 SUBJECT CONSOLIDATED FDI POLICY. The Consolidated FDI Policy is attached. 2. This circular will take effect from April 1 2011. V.Bhaskar Joint Secretary to the Government of India D o IPP F. No. 5 1 2011-FC Dated 31.03.2011 Copy forwarded to 1. Press Information Officer Press Information Bureau- for giving wide publicity to the above circular. 2. BE Section for uploading the circular on DIPP s website. 3. Department of Economic Affairs Ministry of Finance New Delhi 4. Reserve Bank of India Mumbai 1 I N D E X DESCRIPTION PAGE NUMBER CHAPTER-1 INTENT AND OBJECTIVE 5 1.1 Intent And Objective 5 CHAPTER-2 DEFINITIONS 8 2.1 Definitions 8 CHAPTER-3 ORIGIN TYPE ELIGIBILITY 14 CONDITIONS AND ISSUE TRANSFER OF INVESTMENT 3.1 Who can invest in India 14 3.2. Types of Instruments 15 3.3 Entities into which FDI can be made 18 3.4 Conditions on Issue Transfer of Shares 19 3.5 Issue of Instruments 25 CHAPTER-4 CALCULATION ENTRY ROUTE CAPS 28 ENTRY CONDITIONS ETC. OF INVESTMENT 4.1 Calculation of Total Foreign Investment i.e. Direct and Indirect Foreign 28 Investment in Indian Companies 4.2 Entry Routes for Investment 31 4.3 Caps on Investments 33 4.4 Entry conditions on Investment 33 4.5 Other conditions on Investment besides entry conditions 33 4.6 Downstream Investment by Indian Companies 34 4.7 Guidelines for consideration of FDI Proposals by FIPB 36 4.8 Constitution of FIPB 38 4.9 Approval Levels for cases under Government Route 38 4.10 Cases which do not require fresh Approval 39 4.11 Online filing of applications for FIPB Government s approval 39 CHAPTER-5 POLICY ON ROUTE CAPS AND ENTRY 40 CONDITIONS 5.1 PROHIBITION ON INVESTMENT IN INDIA 40 5.2 SECTOR-SPECIFIC POLICY FOR FDI 40 AGRICULTURE 40 5.2.1 .