Session 1: Overview of FEMA and FDI Policy
- Basics (Current and Capital account transactions, Automatic and Approval route,
- Complete introduction of all rules regulations and Master circular under FEMA and Changes thereof,
- Fuller account Convertibility, Balance of Payment, dividend balancing, Introduction of regulatory setup – DIPP, FIPB, RBI etc)
- FDI Policy – Recent changes in the FDI policy(Multi Brand Retail Trading, Construction Sector, Civil Aviation).
- Manner of functioning of Indian FDI policy vis a vis emerging economies.
Session 2: Investment Policies
- Investment in Liaison Office/Branch office/Company /Joint ventures/LLPs – Recent changes and developments
- FII and FVCI including AIF
- Drafting of shareholders agreement (brief discussion over relevant clauses)
- Funding of subsidiaries
- Key points to be considered while making Downstream Investment
- Pointers for Valuation of securities (especially convertible debentures)
- Merger / acquisition - Developments
- Regulations, Reporting, Compliances and compounding procedures
- Do and do not’s of investor and investee companies
Session 3: Overseas Direct Investment - Considerations for Outbound Investments
- General Overview
- Regulatory Framework
- Important Definitions
- Overseas Direct Investments by Corporate
- Guarantee by Indian Parties
- Overseas Investment by Individuals
- Agreements – Key Provisions
- Financing Strategies
- Structuring of Investments
- Choosing the Appropriate Jurisdiction
- Choosing the Appropriate Entity
- Domestic Taxation
- Investment Protection
- Case Studies:
- Apollo- Cooper
- HCL - Axon
Session 4: International Finance
- External commercial Borrowing – recent changes
- ECB vis a vis other mode of financing (domestic finance/ADR/GDR) – cost benefit analysis.
- Drafting of ECB agreements (points to be considered)
- Drafting of Corporate Guarantees
- Trade credit why useful
- Reporting requirement
- Corporate Guarantees, Trade credit and structured obligations