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Requirment of resolution under section 293

manpreet.kaur (Student) (184 Points)

09 October 2012

A public ltd. company is repaying its rupee loan by borrowing through external commercial borrowings. so the company will borrow in dollars. the borrowing limit of the company as per the resolution passed under 293(1)(d) is rupees 50 crores. And company wants to borrow $2 million to repay the loan. whether any resolution is required in this case or old resolution is sufficient

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8 Replies

CS Rajveer Rai, Gurgaon (CS) (646 Points)
Replied 09 October 2012

Dear Manpreet there is end use restrictions for ECB one of which is it can not be utilized for repaying existing rupee loan. plz check following link...

https://www.rbi.org.in/scriptts/BS_ViewMasCirculardetails.aspx?id=7353#eun

manpreet.kaur (Student) (184 Points)
Replied 10 October 2012

MR RAJVEER

in caseof approval route in end uses its given....n chk out this rbi link as well

https://www.rbi.org.in/scriptts/NotificationUser.aspx?Id=7557&Mode=0

CS Rajveer Rai, Gurgaon (CS) (646 Points)
Replied 10 October 2012

this link is not opening dear..plz send correct link.. so that i could check

manpreet.kaur (Student) (184 Points)
Replied 10 October 2012

This is written under ECB approval Route... Repayment of Rupee loans and/or fresh Rupee capital expenditure for companies with forex earnings Indian companies in the manufacturing and infrastructure sector can avail of ECBs for repayment of Rupee loans availed of for capital expenditure from the domestic banking system which are still outstanding and/or fresh Rupee capital expenditure provided they are consistent foreign exchange earners during the past three financial years and not in the default list/caution list of the Reserve Bank of India. The overall limit for such ECBs is USD 10 billion and the maximum permissible ECB that can be availed of by an individual company will be limited to 50 per cent of the average annual export earnings realized during the past three financial years. The foreign exchange for repayment of ECB should not be accessed from Indian markets and and the liability arising out of ECB should be extinguished only out of the foreign exchange earnings of the borrowing company. and m sorry.. that is the only link which isnt opening... So kindly search through google.. "REPAYMENT OF RUPEE LOAN" See june as well as september directions by RBI

manpreet.kaur (Student) (184 Points)
Replied 10 October 2012

AND I JUST WANT TO KNOW THAT WHETHER THERE IS ANY SUCH THING WHICH REQUIRES THAT SINCE OUR RESOLUTION FOR THE BORROWING LIMIT IS IN INDIAN CURRENCY... AND WE WANT LOAN IN DOLLARS... BECAUSE OF THIS DO WE NEED TO PAAS A FRESH RESOLUTION TO CONVERT RUPEES INTO DOLLARS??? PLZ SUPPORT UR REPLY WITH A REASON....

CS Rajveer Rai, Gurgaon (CS) (646 Points)
Replied 10 October 2012

what i think there is no requiremet for a separate resolution just keep in mind it should not go beyond limited as per 293 (1)(d) and is not out of the purview of ECB