Skip to main content

No objection from RBI and DIPP to FDI increase in Idea Cellular

No objection from RBI and DIPP to FDI increase in Idea Cellular
The Reserve Bank of India and the department of industrial policy and promotion (DIPP) have not raised any objections to increase in foreign direct investment of Idea CellularNSE -0.88 %, taking its proposed merger with Vodafone India closer to realisation.
Once Idea gets clearance to increase FDI in itself from nodal agency department of telecommunications (DoT), the two companies will need to ask DoT to transfer Vodafone’s licence to Idea for final approval of the mega merger that would create India’s largest mobile phone operator by revenue and subscribers, officials said.
While RBI has not found any lapse on account of Foreign Exchange Management Act in the merger of downstream subsidiaries of Idea Cellular and Vodafone India, DIPP has asked DoT to get clarification and documentation on whether all upstream and downstream companies that hold shares in the Indian entities are FDI compliant. “We have to check whether all the upstream and downstream companies are FDI compliant, even if they're registered in other countries and may have even 1% share, and, did they get due FDI clearance, conforming to the policy at that time,” a senior DoT official said. “
Idea and Vodafone will have to produce that documentation, and once we have that, we will be able to clear it (the FDI approval),” the official said. Idea Cellular and Vodafone India, which expect the merger to close by June, did not comment on ET’s queries. DoT’s final clearance will be conditional on clearance of dues, officials said. Vodafone India had received clearance for taking FDI in the company to 100% in December 2013 from the then nodal body – Foreign Investment Promotion Board (FIPB) - and completed the process by April 2014 through which Vodafone Group Plc became 100% owner of its Indian unit.
In what is the first major case of FDI approval after the disbanding of the FIPB, DoT has been going through the approval process very cautiously, and had sent letters to the RBI, DIPP and the department of economic affairs (DEA), eliciting their views on Idea’s FDI increases application. DoT wanted RBI to look into if there was any case for compounding as mentioned by the now defunct FIPB in its approval to Vodafone India when it merged some downstream subsidiaries. A person familiar with the matter told ET that RBI has communicated to DoT that there is no FEMA violation, and hence no ground for compounding and that the department may examine the case at their own end. DEA has already responded to DoT, leaving the matter to the telecom department to decide, a senior government official said.
DIPP also put the ball in DoT's court last week when it sought the former's consent on inserting a condition. DIPP told DoT that “conditions such as adherence to tax laws, judicial or tribunal orders don't constitute additional conditionalities and did not require its consent”, a government official said. The proposed condition was: Idea Cellular has to give an undertaking that they will take on whatever dues are pending, as was mentioned by the National Company Law Tribunal (NCLT) when it gave its approval to the merger of the two entities. The final DoT approval will be subject to clearing of dues, especially the one-time spectrum charges (OTSC) worth nearly Rs 6,000 crore, officials said.
DoT may demand that Idea and Vodafone collectively pay up approximately `19,000 crore as dues relating to a combination of pending licence fees, spectrum usage charges and OTSC. While all issues on spectrum usage charges and license fee would remain as are, since both are related to the computation of adjusted gross revenue, which is sub-judice, DoT could insist on bank guarantees for OTSC dues, in line with present telecom merger and acquisition rules.
The  Economic Times, New Delhi, 08th May 2018

Comments

Popular posts from this blog

Govt’s gamble on GST cuts: What do the bond and currency markets signal?

  It’s not just humans who suffer from cognitive biases; markets do too. Interestingly, different financial markets exhibit distinct biases, each interpreting events through its own prism of prejudice. Take the recent announcements on GST reforms: equity markets have chosen to view them through the lens of growth, while bond and currency markets are focusing on potential macroeconomic risks—fiscal pressures and current account challenges. So, which lens captures the true pulse?Equity markets may be right in expecting GST reforms to revive consumption, which has remained lacklustre for a while. But the key question remains—will this revival come at the cost of broader macro stability?It is well known that consumption stocks have rallied since the GST rationalisation announcement. But what about bond markets? What signals are they sending since this rejig was announced from the ramparts of the Red Fort?The signs aren't encouraging. Bond prices have slumped and yields have surged sinc...

Luxury carmakers urge clarity on GST rates to boost festive season sales

  A clear picture regarding new GST rates at the earliest will help the overall auto industry, including the luxury car segment, to regain momentum in the ongoing quarter, which generally sees enhanced sales on account of the festive season.The high-powered GST Council, chaired by Finance Minister Nirmala Sitharaman, will meet on September 3-4 to discuss moving to a two-slab taxation.In an interaction with PTI, BMW Group India President and CEO Hardeep Singh Brar said the recent speculation about the change in GST rates has caused uncertainty in the minds of consumers.Consumer interest and demand is strong, but they (prospective buyers) have adopted a wait-and-watch approach, and this delayed decision-making is impacting new vehicle sales at a certain level, he noted."Expediting clarity on GST rates is essential to get back to speed and ensure the auto sector's contribution to economic growth during this quarter is robust," Brar stated.He also hoped that the sustainable p...

Sebi proposes tighter norms for green bond third-party reviewers

  Sebi on Friday said it has proposed to tighten the norms to appoint independent third-party reviewers or certifiers for green debt securities to align them with requirements for other ESG-linked bonds.In a draft circular, Sebi said that the current norms for green bonds, introduced in February 2023, lack detailed requirements around reviewer independence, conflict of interest mitigation, and disclosure standards that are now in place for other ESG-linked securities under a June 2025 circular.The regulator's latest proposal seeks public comments on a revised framework that would bring parity by incorporating comprehensive criteria for third-party certifiers of green bonds on non-convertible securities.Under the proposed norms, issuers of green debt securities will need to appoint reviewers who are independent of their management, directors, and key managerial personnel. These reviewers will be remunerated in a way that prevents any conflicts of interest and possess relevant expert...