Source: BS
Context:
The government has issued draft amendments to the Indian Insurance Companies (Foreign Investment) Amendment Rules, 2015, aimed at reducing compliance hurdles and making India’s insurance sector more attractive to global investors.
Key Highlights:
Relaxed Residency Requirement
- Proposal to remove the clause mandating a majority of directors and key management persons (KMPs) be resident Indian citizens in companies with significant foreign investment.
- Retained clause: At least one among the Chairperson, Managing Director, or CEO must be a resident Indian.
Board and Governance Conditions
- If foreign investment exceeds 49%, then:
- 50% of the board must comprise independent directors.
- Companies must maintain higher net profit and solvency safeguards.
- These conditions, experts noted, had earlier deterred global investors even after the FDI cap was raised from 49% to 74% in 2021.
Capital and Dividend-Related Changes
- Proposed wording change:
- Replace “to exceed 74% of paid-up equity capital” with “to exceed the limit as stipulated by the Insurance Act, 1938.”
- Seen as a precursor to raising the FDI cap to 100%, as announced in the Union Budget.
- Dividend Retention Clause Removed:
- Earlier, insurers with foreign investment had to retain dividends in reserves if solvency margin was <1.2x the control level.
- Now, no such restriction, companies can repatriate dividends freely without regulator’s approval.
