Companies facing probe can tap ECBs under automatic route

The Reserve Bank of India has allowed corporates facing investigation from any law enforcement agency to raise funds through external commercial borrowings (ECBs) under the automatic route.

“ ...it has been decided to permit all entities to avail themselves of ECBs under the automatic route as per the current norms, notwithstanding the pending investigations/adjudications/ appeals by the law enforcing agencies, without prejudice to the outcome of such investigations/adjudications/appeals,” the RBI said in a notification.

It further said banks while approving such proposal of an applicant who has indicated about the pending investigation should intimate the investigating agency concerned by endorsing a copy of the approval letter.

“The same procedure will be followed by the Reserve Bank of India also while approving such proposals,” it said.

As per earlier guidelines, corporates under investigation by any law enforcing agencies like Directorate of Enforcement etc were not allowed to access ECB under the automatic route.

“All other aspects of the ECB policy, under the automatic route such as amount of ECB, eligible borrower, recognised lender, end-use, all-in-cost ceiling, average maturity period, prepayment, refinancing of existing ECB and reporting arrangements remain unchanged,” the RBI said.

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