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This is an archive article published on December 14, 2009

Funds to ADAG via automatic route barred

The government and Reserve Bank of India (RBI) have tightened the overseas loan window for Anil Dhirubhai Ambani Group...

The government and Reserve Bank of India (RBI) have tightened the overseas loan window for Anil Dhirubhai Ambani Group (ADAG) after three group companies were found to have violated the external commercial borrowing (ECB) guidelines for loans to the tune of $2 billion.

The finance ministry and RBI have barred ADAG from raising foreign loans through the automatic route. Instead,any application from ADAG for ECBs or foreign currency convertible bonds (FCCBs) will be considered only under the approval route,said officials privy to the matter.

Under the automatic route,a company can raise funds directly from the overseas market,whereas it will require prior RBI approval for raising funds under the non-automatic route. RBI can reject applications or withhold its decision for long.

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“The RBI usually takes about 6-8 weeks for examining applications under the approval route. But in doubtful cases,the time taken can be frustratingly long,” said a legal advisor who specialises in the area of external borrowings at a leading law firm. So,even though RBI has not directly banned ADAG from accessing ECBs; the central bank has made it extremely difficult for the group to raise money abroad.

The implication of the approval route for ADAG can be gauged from the nature of its previous overseas borrowings. Of the $5.3 billion that ADAG has raised so far in 16

applications,more than 80 per cent,or $4.25 billion,has come through the automatic route in 12 applications. The remaining 20 per cent,or $1.05 billion,was raised in 4 applications under the approval route. Reliance Communication has led the chart with 9,of a total of 12,via the automatic route.

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