Finance Ministry

Debt and non-debt instruments notified under Foreign Exchange Management Act 1999

Debt and non-debt instruments notified under Foreign Exchange Management Act 1999. Other than notified, others shall be deemed as debt instruments

Debt and non-debt instruments under FEMA

MINISTRY OF FINANCE
(Department of Economic Affairs)

NOTIFICATION

New Delhi, the 16th October, 2019

S.O. 3722(E).—In exercise of the powers conferred by sub-section (7) of section 6 of the Foreign Exchange Management Act, 1999 (42 of 1999), the Central Government hereby determines the following instruments as debt instruments, namely:—

(i) Government bonds;

(ii) corporate bonds;

(iii) all tranches of securitisation structure which are not equity tranche;

(iv) borrowings by Indian firms through loans;

(v) depository receipts whose underlying securities are debt securities.

2. Instruments specified below shall be considered as non-debt instruments, namely:-

(i) all investments in equity in incorporated entities (public, private, listed and unlisted);

(ii) capital participation in Limited Liability Partnerships (LLPs);

(iii) all instruments of investment as recognised in the FDI policy as notified from time to time;

(iv) investment in units of Alternative Investment Funds (AIFs) and Real Estate Investment Trust (REITs) and Infrastructure Investment Trusts (InVITs);

(v) investment in units of mutual funds and Exchange-Traded Fund (ETFs) which invest more than fifty per cent in equity;

(vi) the junior-most layer (i.e. equity tranche) of securitisation structure;

(vii) acquisition, sale or dealing directly in immovable property;

(viii) contribution to trusts;

(ix) depository receipts issued against equity instruments.

3. All other instruments which are not specified in paragraphs (1) and (2) above, shall be deemed as debt instruments.

[F.No. l/14/EM/2015]

ANAND MOHAN BAJAJ, Jt. Secy.

Download Notification Click Here >>

----------- Similar Posts: -----------
Share

Recent Posts

  • Income Tax

Jewellery purportedly received from grandparent under Will added as unexplained credits

Addition u/s 68 for jewellery purportedly received on death of grandparent under Will upheld. In a recent judgment, ITAT upheld…

2 days ago
  • bankruptcy

SC lays down tests to determine if a debt is financial debt or operational under IBC

Supreme Court lays down tests to determine whether a debt is a financial debt or an operational debt under IBC…

2 days ago
  • Income Tax

Commonality of directors of companies does not mean deposits received was bogus

Merely because directors of two companies were common not mean that deposits received was bogus and companies were shell companies…

3 days ago
  • ITAT

Application though named as rectification but if tax is not legitimate, it also touches merit: HC

Application though named as rectification but if tax imposed is not legitimate then it also touches upon the merit –…

3 days ago
  • Income Tax

Cost of acquisition as on 01.04.1981 taken as per valuer report by reverse indexing of FMV

Cost of acquisition as on 01.04.1981 taken as per valuer report by reverse indexing of current FMV to be further…

3 days ago
  • Income Tax

AO was directed to serve notice of hearing through physical mode upon assessee 

ITAT directed AO to serve notice of hearing both through electronic and physical mode upon the assessee  In a recent…

3 days ago