Supreme Court: Non-Signatory That is Not a Veritable Party Cannot Invoke an Arbitration Clause  ||  SC: Bail Can't be Cancelled For Police Non-Appearance Once Chargesheet is Filed and Trial is Attended  ||  SC: New Arbitration Bill Fails To Provide a Statutory Appeal Against Tribunal Termination Orders  ||  SC: Employees Who Resign or Retire After Five Years of Service Are Entitled to Receive Gratuity  ||  SC: Employees Who Resign or Retire After Five Years of Service Are Entitled to Receive Gratuity  ||  Supreme Court: Higher Courts Should Avoid Unnecessary Remand of Cases to Lower Courts  ||  J&K&L HC: Under SARFAESI Act, Borrower's Right To Redeem a Secured Asset Ends With Auction Notice  ||  Calcutta HC: Income Tax Returns Can Be Used to Assess Victim's Income; ?39 Lakh Compensation Granted  ||  Delhi HC: Woman's Right to a Shared Household Does Not Allow Indefinite Occupation of In-Laws' Home  ||  Delhi HC: Director Disputes in a Company Do Not Qualify as Genuine Hardship to Delay ITR Filing    

Pricing in case of Put or Call options in JV Agreements- (Insurance Regulatory and Development Authority) (05 Jul 2017)

MANU/IRDA/0025/2017

Insurance

The Reserve Bank of India had, vide amendment Notification No. FEMA 294/2013-RB dated 12th November, 2013, permitted the optionality clause (put and call options) in contracts. In this context some insurers had approached the Authority seeking clarification as to whether the existing contracts with optionality clauses, entered prior to the notification of the above amendment were in compliance with the FEMA stipulations.

The Government of India, in consultation with the Reserve Bank of India, has clarified that any Agreement with "options" entered into prior to 12th November, 2013 is in contravention of Regulation 2(ii) of the Foreign Exchange Management (transfer or Issue of Securities by a person Resident outside India) regulations, 2000. It has also been reiterated that all existing contracts should be in compliance with the pricing guidelines issued by the RBI under the FEMA Regulations.

In view of the above, all insurers who have Joint Venture Agreements with foreign entities should examine whether they have option clauses therein and ensure that they are in compliance with the FEMA Regulations, including those regarding pricing. Insurers are advised to furnish a confirmation of compliance with the above, to the Authority.

Tags : JV AGREEMENTS   OPTIONS   PRICING  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved