Reserve Bank of India
Foreign Exchange Department
Central Office
Mumbai- 400 001
Notification No. FEMA. 230/2012-RB
Dated May 29, 2012
Foreign Exchange Management (Transfer or Issue of
Security by a Person Resident outside India) (Fourth Amendment) Regulations,
2012
In exercise of the powers conferred by clause (b) of sub-section (3) of
Section 6 and Section 47 of the Foreign Exchange Management Act, 1999 (42 of
1999), the Reserve Bank of India hereby makes the following amendments in the
Foreign Exchange Management (Transfer or issue of Security by a Person Resident
outside India) Regulations, 2000 (Notification No. FEMA. 20/2000-RB dated 3rd
May 2000) namely:-
1. Short Title & Commencement
(i) These Regulations may be called the Foreign Exchange Management (Transfer or
Issue of Security by A Person Resident Outside India) (Fourth Amendment)
Regulations, 2012.
(ii) They shall be deemed to have come into force from the 27th day of February
2009.@
2. Amendment of Regulation 1
In the Foreign Exchange Management (Transfer or Issue of Security by a Person
Resident outside India) Regulations, 2000, (Notification No. FEMA. 20/2000-RB
dated 3rd May 2000),
(i) in Schedule 1, the sub-paragraph (2) of the paragraph 2 shall be substituted
with the following namely:
"(2) A company which is reckoned as Micro and Small Enterprise (MSE) (earlier
Small Scale Industrial Unit) in terms of the Micro, Small and Medium Enterprises
Development (MSMED) Act, 2006, including an Export Oriented Unit or a Unit in a
Free Trade Zone or in an Export Processing Zone or in a Software Technology Park
or in an Electronic Hardware Technology Park, and which is not engaged in any
activity / sector mentioned in Annex A to this Schedule may issue shares or
convertible debentures to a person referred to in paragraph 1, subject to the
limits prescribed in Annex B to this Schedule, in accordance with the Entry
Routes specified therein and the provision of the Foreign Direct Investment
Policy, as notified by the Ministry of Commerce & Industry, Government of India,
from time to time."
(ii) in Schedule 1, the sub-paragraph (3) of the paragraph 2 shall be
substituted with the following namely:
"(3) Any Industrial undertaking, with or without Foreign Direct Investment,
which is not an MSE, having an industrial license under the provisions of the
Industries (Development & Regulation) Act, 1951 for manufacturing items reserved
for manufacture in the MSE sector may issue shares to persons resident outside
India referred to in paragraph 1, to the extent of 24 per cent of its paid-up
capital. Issue of shares in excess of 24 per cent of paid-up capital shall
require prior approval of the Foreign Investment Promotion Board of the
Government of India and shall be in compliance with the terms and conditions of
such approval."
(Rudra Narayan Kar)
Chief General Manager
Foot Note:-
(i) The Principal Regulations were published in the Official Gazette vide G.S.R.
No.406 (E) dated May 8, 2000 in Part II, Section 3, sub-Section (i) and
subsequently amended as under:-
G.S.R.No. 158(E) dated 02.03.2001
G.S.R.No. 175(E) dated 13.03.2001
G.S.R.No. 182(E) dated 14.03.2001
G.S.R.No. 4(E) dated 02.01.2002
G.S.R.No. 574(E) dated 19.08.2002
G.S.R.No. 223(E) dated 18.03.2003
G.S.R.No. 225(E) dated 18.03.2003
G.S.R.No. 558(E) dated 22.07.2003
G.S.R.No. 835(E) dated 23.10.2003
G.S.R.No. 899(E) dated 22.11.2003
G.S.R.No. 12(E) dated 07.01.2004
G.S.R.No. 278(E) dated 23.04.2004
G.S.R.No. 454(E) dated 16.07.2004
G.S.R.No. 625(E) dated 21.09.2004
G.S.R.No. 799(E) dated 08.12.2004
G.S.R.No. 201(E) dated 01.04.2005
G.S.R.No. 202(E) dated 01.04.2005
G.S.R.No. 504(E) dated 25.07.2005
G.S.R.No. 505(E) dated 25.07.2005
G.S.R.No. 513(E) dated 29.07.2005
G.S.R.No. 738(E) dated 22.12.2005
G.S.R.No. 29(E) dated 19.01.2006
G.S.R.No. 413(E) dated 11.07.2006
G.S.R.No. 712(E) dated 14.11.2007
G.S.R.No. 713(E) dated 14.11.2007
G.S.R.No. 737(E) dated 29.11.2007
G.S.R.No. 575(E) dated 05.08.2008
G.S.R.No. 896(E) dated 30.12.2008
G.S.R.No. 851(E) dated 01.12.2009
G.S.R.No. 341 (E) dated 21.04.2010
G.S.R.No.______ dated _________
G.S.R.No.606(E) dated 03.08.2012
G.S.R.No.______ dated _________ and
G.S.R.No.______ dated _________.
(ii)@ It is certified that no person will be adversely affected as a result of
the retrospective effect being given to such regulations. These provisions have
been notified by the Department of Industrial Policy & Promotion, Ministry of
Commerce & Industry, Government of India, vide Notification No.S.O.563(E) dated
February 27, 2009, published in the Official Gazette of Government of India on
February 27, 2009.