Issue of Bank Guarantee for FDI transactions
The Reserve Bank of India (RBI) has permitted AD Category-I banks to issue bank guarantee, without prior approval of the RBI, on behalf of a non-resident acquiring shares or convertible debentures of an Indian company through open offers/ delisting/exit offers, provided :
- the transaction is in compliance with the provisions of the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeover) Regulations;
- the guarantee given by the AD Category -I bank is covered by a counter guarantee of a bank of international repute.
It may be noted that the guarantee shall be valid for a tenure co-terminus with the offer period as required under the SEBI (SAST) Regulations.