Ownership of the Licensee Company. 1.1 The Licensee shall ensure that the total foreign equity in the paid up capital of the Licensee Company does not, at any time during the entire License period, exceed 74% of the total equity (except for services for which different FDI cap has been prescribed) subject to the following FDI (Foreign Direct Investment) norms: (i) Both direct and indirect foreign investment in the Licensee Company shall be counted for the purpose of FDI ceiling. Foreign Investment shall include investment by Foreign Institutional Investors (FIIs), Non-resident Indians (NRIs), Foreign Currency Convertible Bonds (FCCBs), American Depository Receipts (ADRs), Global Depository Receipts (GDRs) and convertible preference shares held by foreign entity. In any case, the `Indian’ shareholding shall not be less than 26 percent. (ii) FDI up to 49 percent will be through automatic route. FDI in the Licensee Company / Indian promoters / investment companies including their holding companies shall require prior approval of the Foreign Investment Promotion Board (FIPB) if it has a bearing on the overall ceiling of 74 percent. (iii) FDI shall be subject to laws of India and not the laws of the foreign country/countries. The Licensee shall comply with the relevant provisions of FDI policy of the Government and such modifications to the policy as may be issued from time to time. (iv) The words, mentioned hereinabove in Para 1.1, such as FDI, foreign equity, investment companies, FIPB etc. shall have the same meaning as defined by Department of Investment & Industrial Policy (DIPP) in its FDI Policy. 1.2 The Licensee shall declare the Indian & Foreign equity structure (both direct and in-direct) in the Licensee company and submit a compliance report regarding compliance of FDI norms and security conditions on 1st day of January and 1st day of July of every year to the Licensor in Proforma as may be prescribed from time to time. This is to be certified by Company Secretary or Statutory Auditor, countersigned by duly authorized Director of the Licensee Company. 1.3 The Licensee shall also ensure that: (i) Any changes in shareholding shall be subject to all applicable statutory permissions under Laws of India. (ii) The Licensee Company shall not hold any other license for the services covered under the scope of Unified License. In case the Licensee obtains any other License by way of acquisition or merger, the License so obtained shall have to be migrated and merged to the aforesaid Unified License as per prescribed procedure. (iii) In case the Licensee Company holds/obtains Access Spectrum, the Licensee Company shall ensure compliance to the crossholding /substantial equity requirement as per terms and conditions prescribed in Chapter VII of the License. 1.4 Change in the name of the Licensee Company, as per the provisions of the Indian Companies Act, 1956, shall have to be intimated to the Licensor in writing along with certified copy of the name change certificate within 30 days from the date of issue of such certificate by Registrar of Companies. 1.5 The Licensee shall have a minimum paid up equity capital equal to the sum of the Paid up Equity Capital required for each Service opted by the Licensee as per Annexure-II. The requirement under this license for the total minimum paid up equity capital shall be limited to Rs. 25 Crore (Rupees Twenty five crore only). (i) The Licensee shall have a minimum Networth equal to the sum of the networth required for each Service opted by the Licensee as per Annexure-II. The requirement under this license for the combined minimum Networth shall be limited to Rs. 25 Crore (Rupees Twenty five crore only). The networth shall mean the sum total, in Indian Rupees, of paid up equity capital and free reserves & surplus net of accumulated losses. The networth of promoters/equity share holders shall not be counted for determining the networth of the company. (ii) The Licensee shall declare Paid up Capital and submit a compliance report on 1st day of January and 1st day of July of every year to the Licensor in Proforma as may be prescribed from time to time. This is to be certified by Company Secretary or Statutory Auditor, countersigned by duly authorized Director of the Licensee Company. 1.7 The Licensee shall maintain the required minimum paid up equity as per Annexure-II during the currency of license. 1.8 The Licensee shall provide only those services for which authorization has been granted in the License Agreement even if total amount of Entry Fee paid equals the maximum limit and combined minimum requirement of Networth and Paid up Equity Capital for all services are met. 1.9 At the time of obtaining any additional service authorization during the currency of the License, all the eligibility requirements will have to be met by the Licensee.
Appears in 4 contracts
Samples: License Agreement, License Agreement, License Agreement
Ownership of the Licensee Company. 1.1 The Licensee shall ensure that the total foreign equity in the paid up capital of the Licensee Company does not, at any time during the entire License period, exceed 7411.1 FDI upto 100% of the total equity (except for services for which different FDI cap has been prescribed) under automatic route subject to observance of licensing and security conditions by licensee as well as investors as notified by the DoT from time to time. Notwithstanding with the above provision, foreign investment shall be subject to following FDI (Foreign Direct Investment) normsconditions:
(i) An entity of a country, which shares land border with India or where the beneficial owner of an investment into India is situated in or is a citizen of any such country, can invest only under the Government route.
(ii) In the event of the transfer of ownership of any existing or future FDI in an entity in India, directly or indirectly, resulting in the beneficial ownership falling within the restriction/ purview of the clause no. (i) above, such subsequent change in beneficial ownership will also require Government approval.
(iii) Both direct and indirect foreign investment in the Licensee Company shall be counted for the purpose of FDI ceiling. Foreign Investment shall include investment by Foreign Institutional Investors (FIIs), Non-resident Indians (NRIs), Foreign Currency Convertible Bonds (FCCBs), American Depository Receipts (ADRs), Global Depository Receipts (GDRs) and convertible preference shares held by foreign entity. In any case, the `Indian’ shareholding shall not be less than 26 percentcalculating total FDI.
(iiiv) FDI up to 49 percent will be through automatic route. FDI in the Licensee Company / The licensee Company/ Indian promoters / investment companies Promoters/ Investment Companies including their holding companies shall require prior approval comply relevant provisions of extant FDI policy of the Foreign Investment Promotion Board (FIPB) if it has a bearing on Government. While approving the overall ceiling of 74 percentinvestment proposals, the Government may take into accounts security concerns.
(iiiv) FDI shall be subject to laws of India and not the laws of the foreign country/countries. The Licensee shall comply with the relevant provisions of FDI policy of the Government and such modifications to the policy as may be issued from time to time.
(ivvi) The words, mentioned hereinabove in Para 1.1, such as FDI, foreign equity, investment companies, FIPB FIPB, etc. ., shall have the same meaning as defined by Department for Promotion of Investment & Industrial Policy Industry and Internal Trade (DIPPDPIIT) in its FDI Policy.
1.2 21.2 The Licensee shall declare the Indian & Foreign equity structure (both direct and in-direct) in the Licensee company and submit a compliance report regarding compliance of FDI norms and security conditions on 1st day of January and 1st day of July of every year to the Licensor in Proforma as may be prescribed from time to time. This is to be certified by Company Secretary or Statutory Auditor, countersigned by duly authorized Director of the Licensee Company. When there is a change in FDI in the Licensee’s company, the Licensee shall also submit the FDI compliance report within 15 days.
1.3 The Licensee shall also ensure that:
(i) Any changes in shareholding shall be subject to all applicable statutory permissions under Laws of India.. 1Amended vide letter No, 20-271/2010 AS-I (Vol.-IV) dated 03.11.2021 2Amended vide letter no. 20-271/2010 AS-I (Vol-IV) dated 02.08.2022
(ii) The Licensee Company shall not hold any other license for the services covered under the scope of Unified License. In case the Licensee obtains any other License by way of acquisition or merger, the License so obtained shall have to be migrated and merged to the aforesaid Unified License as per prescribed procedure.
(iii) In case the Licensee Company holds/obtains Access Spectrum, the Licensee Company shall ensure compliance to the crossholding /substantial equity requirement as per terms and conditions prescribed in Chapter VII of the License.
1.4 Change in the name of the Licensee Company, as per the provisions of the Indian Companies Act, 19562013, shall have to be intimated to the Licensor in writing along with certified copy of the name change certificate within 30 days from the date of issue of such certificate by Registrar of Companies.
1.5 The Licensee shall have a minimum paid up equity capital equal to the sum of the Paid up Equity Capital required for each Service opted by the Licensee as per Annexure-II. The requirement under this license for the total minimum paid up equity capital shall be limited to Rs. 25 Crore (Rupees Twenty five crore only).
(i) The Licensee shall have a minimum Networth equal to the sum of the networth required for each Service opted by the Licensee as per Annexure-II. The requirement under this license for the combined minimum Networth shall be limited to Rs. 25 Crore (Rupees Twenty five crore only). The networth shall mean the sum total, in Indian Rupees, of paid up equity capital and free reserves & surplus net of accumulated losses. The networth of promoters/equity share holders shall not be counted for determining the networth of the company.
(ii) The Licensee shall declare Paid up Capital and submit a compliance report on 1st day of January and 1st day of July of every year to the Licensor in Proforma as may be prescribed from time to time. This is to be certified by Company Secretary or Statutory Auditor, countersigned by duly authorized Director of the Licensee Company.
1.7 The Licensee shall maintain the required minimum paid up equity as per Annexure-II during the currency of license.
1.8 The Licensee shall provide only those services for which authorization has been granted in the License Agreement even if total amount of Entry Fee paid equals the maximum limit and combined minimum requirement of Networth and Paid up Equity Capital for all services are met.
1.9 At the time of obtaining any additional service authorization during the currency of the License, all the eligibility requirements will have to be met by the Licensee.Annexure-
Appears in 3 contracts
Samples: License Agreement, License Agreement, License Agreement
Ownership of the Licensee Company. 1.1 The Licensee shall ensure that the total foreign equity in the paid up capital of the Licensee Company does not, at any time during the entire License period, exceed 7411.1 FDI upto 100% of the total equity (except for services for which different FDI cap has been prescribed) under automatic route subject to observance of licensing and security conditions by licensee as well as investors as notified by the following FDI (Foreign Direct Investment) norms:DoT from time to time.
(i) An entity of a country, which shares land border with India or where the beneficial owner of an investment into India is situated in or is a citizen of any such country, can invest only under the Government route.
(ii) In the event of the transfer of ownership of any existing or future FDI in an entity in India, directly or indirectly, resulting in the beneficial ownership falling within the restriction/ purview of the clause no. (i) above, such subsequent change in beneficial ownership will also require Government approval.
(iii) Both direct and indirect foreign investment in the Licensee Company shall be counted for the purpose of FDI ceiling. Foreign Investment shall include investment by Foreign Institutional Investors (FIIs), Non-resident Indians (NRIs), Foreign Currency Convertible Bonds (FCCBs), American Depository Receipts (ADRs), Global Depository Receipts (GDRs) and convertible preference shares held by foreign entity. In any case, the `Indian’ shareholding shall not be less than 26 percentcalculating total FDI.
(iiiv) FDI up to 49 percent will be through automatic route. FDI in the Licensee Company / The licensee Company/ Indian promoters / investment companies Promoters/ Investment Companies including their holding companies shall require prior approval comply relevant provisions of extant FDI policy of the Foreign Investment Promotion Board (FIPB) if it has a bearing on Government. While approving the overall ceiling of 74 percentinvestment proposals, the Government may take into accounts security concerns.
(iiiv) FDI shall be subject to laws of India and not the laws of the foreign country/countries. The Licensee shall comply with the relevant provisions of FDI policy of the Government and such modifications to the policy as may be issued from time to time.
(ivvi) The words, mentioned hereinabove in Para 1.1, such as FDI, foreign equity, investment companies, FIPB FIPB, etc. ., shall have the same meaning as defined by Department for Promotion of Investment & Industrial Policy Industry and Internal Trade (DIPPDPIIT) in its FDI Policy.
1.2 The Licensee shall declare the Indian & Foreign equity structure (both direct and in-direct) in the Licensee company and submit a compliance report regarding compliance of FDI norms and security conditions on 1st day of January and 1st day of July of every year to the Licensor in Proforma as may be prescribed from time to time. This is to be certified by Company Secretary or Statutory Auditor, countersigned by duly authorized Director of the Licensee Company.
1.3 The Licensee shall also ensure that:
(i) Any changes in shareholding shall be subject to all applicable statutory permissions under Laws of India.
(ii) The Licensee Company shall not hold any other license for the services covered under the scope of Unified License. In case the Licensee obtains any other License by 1 Amended vide letter No, 20-271/2010 AS-I (Vol.-IV) dated 03.11.2021 way of acquisition or merger, the License so obtained shall have to be migrated and merged to the aforesaid Unified License as per prescribed procedure.
(iii) In case the Licensee Company holds/obtains Access Spectrum, the Licensee Company shall ensure compliance to the crossholding /substantial equity requirement as per terms and conditions prescribed in Chapter VII of the License.
1.4 Change in the name of the Licensee Company, as per the provisions of the Indian Companies Act, 19562013, shall have to be intimated to the Licensor in writing along with certified copy of the name change certificate within 30 days from the date of issue of such certificate by Registrar of Companies.
1.5 The Licensee shall have a minimum paid up equity capital equal to the sum of the Paid up Equity Capital required for each Service opted by the Licensee as per Annexure-II. The requirement under this license for the total minimum paid up equity capital shall be limited to Rs. 25 Crore (Rupees Twenty five crore only).
(i) The Licensee shall have a minimum Networth equal to the sum of the networth required for each Service opted by the Licensee as per Annexure-II. The requirement under this license for the combined minimum Networth shall be limited to Rs. 25 Crore (Rupees Twenty five crore only). The networth Net worth shall mean be as defined in the sum totalCompanies Act, in Indian Rupees, of paid up equity capital 2013 and free reserves & surplus net of accumulated lossesas amended from time to time. The networth of promoters/equity share holders shall not be counted for determining the networth of the company.
(ii) The Licensee shall declare Paid up Capital and submit a compliance report on 1st day of January and 1st day of July of every year to the Licensor in Proforma as may be prescribed from time to time. This is to be certified by Company Secretary or Statutory Auditor, countersigned by duly authorized Director of the Licensee Company.
1.7 The Licensee shall maintain the required minimum paid up equity as per Annexure-II during the currency of license.
1.8 The Licensee shall provide only those services for which authorization has been granted in the License Agreement even if total amount of Entry Fee paid equals the maximum limit and combined minimum requirement of Networth and Paid up Equity Capital for all services are met.
1.9 At the time of obtaining any additional service authorization during the currency of the License, all the eligibility requirements will have to be met by the Licensee.
Appears in 3 contracts
Samples: License Agreement, License Agreement, License Agreement
Ownership of the Licensee Company. 1.1 The Licensee shall ensure that the total foreign equity in the paid up capital of the Licensee Company does not, at any time during the entire License period, exceed 74FDI upto 100% of the total equity (except for services for which different FDI cap has been prescribed) with 49% under automatic route and beyond 49% through FIPB route subject to observance of licensing and security conditions by licensee as well as investors as notified by the following FDI (Foreign Direct Investment) norms:DoT from time to time.
(i) Both direct and indirect foreign investment in the Licensee Company shall be counted for the purpose of FDI ceiling. Foreign Investment shall include investment by Foreign Institutional Investors (FIIs), Non-resident Indians (NRIs), Foreign Currency Convertible Bonds (FCCBs), American Depository Receipts (ADRs), Global Depository Receipts (GDRs) and convertible preference shares held by foreign entity. In any case, the `Indian’ shareholding shall not be less than 26 percent.calculating total FDI
(ii) FDI up to 49 percent will be through automatic route. FDI in the Licensee Company / The licensee Company/ Indian promoters / investment companies Promoters/ Investment Companies including their holding companies shall require prior approval comply with the relevant provisions of extant FDI policy of the Foreign Investment Promotion Board (FIPB) if it has a bearing on Government. While approving the overall ceiling of 74 percentinvestment proposals, the Government may take into accounts security concerns.
(iii) FDI shall be subject to the laws of India and not the laws of the foreign country/countries. The Licensee shall comply with the relevant provisions of FDI policy of the Government and such modifications to the policy as may be issued from time to time.
(iv) The words, mentioned hereinabove herein above in Para 1.1, such as FDI, foreign equity, investment companies, FIPB FIPB, etc. shall have the same meaning as defined by Department of Investment & Industrial Policy (DIPP) in its FDI Policy.
1.2 The Licensee shall declare the Indian & Foreign equity structure (both direct and in-direct) in the Licensee company and submit a compliance report regarding compliance of FDI norms and security conditions on 1st day of January and 1st day of July of every year to the Licensor in Proforma as may be prescribed from time to time. This is to be certified by Company Secretary or Statutory Auditor, countersigned by duly authorized Director of the Licensee Company.
1.3 The Licensee shall also ensure that:
(i) Any changes in shareholding shall be subject to all applicable statutory permissions under the Laws of India.
(ii) The Licensee Company shall There would not hold be any restriction on the number of VNO licensees per service area. VNOs are allowed to have agreements with more than one NSO for all services other license for than Access services and such services which need numbering and unique identity of the services covered under the scope of Unified Licensecustomers. In case UL(VNO) the Licensee obtains any other License by way provision for restriction of acquisition 10% or mergermore equity cross holding will be applicable between (i) a VNO and another NSO(other than VNO’s parent NSO) and (ii) between a VNO and another VNO authorized to provide access services using the access spectrum of NSO(s) in the same service xxxx.Xx would not be mandatory for a NSO to provide time bound access to its VNO, rather, it would be left to the License so obtained mutual agreement between a NSO and a VNO. However, TRAI/DoT shall have right to be migrated intervene in the matter as and merged when required to protect the aforesaid Unified License as per prescribed procedure.
(iii) In case the Licensee Company holds/obtains Access Spectrum, the Licensee Company shall ensure compliance to the crossholding /substantial equity requirement as per terms interest of consumers and conditions prescribed in Chapter VII of the Licensetelecom sector.
1.4 Change in the name of the Licensee Company, as per the provisions of the Indian Companies Act, 19562013, shall have to be intimated to the Licensor in writing along with certified copy of the name change certificate within 30 days from the date of issue of such certificate by the Registrar of Companies.
1.5 The Licensee shall have a minimum paid up equity capital equal to the sum of the Paid up Equity Capital required for each Service opted by the Licensee as per Annexure-II. The requirement under this license for the total II.The minimum paid up equity capital shall be limited requirement under this license to acquire authorization for all the services is Rs. 25 10 Crore (Rupees Twenty five crore Ten Crore only).
(i) The Licensee shall have a minimum Networth equal to the sum of the networth Networth required for each Service opted by the Licensee as per Annexure-II. The requirement combined minimum Networth under this license for acquiring the combined minimum Networth shall be limited to authorization for all the services is Rs. 25 10 Crore (Rupees Twenty five crore only). The networth Ten Crore only).Net worth shall mean be as defined in the sum total, in Indian Rupees, of paid up equity capital Companies Xxx 0000 and free reserves & surplus net of accumulated lossesas amended from time to time. The networth of promoters/equity share holders shall not be counted for determining the networth of the company.
(ii) The Licensee shall declare Paid paid up Capital and submit a compliance report on 1st day of January and 1st day of July of every year to the Licensor in Proforma as may be prescribed from time to time. This is to be certified by Company Secretary or Statutory Auditor, countersigned by duly authorized Director of the Licensee Company.
1.7 The Licensee shall maintain the required minimum paid up equity as per Annexure-II during the currency of license.per
1.8 The Licensee shall provide only those services for which authorization has been granted in the License Agreement even if total amount of Entry Fee paid paid/payable equals the maximum limit and combined minimum requirement of Networth and Paid up Equity Capital for all services are met.
1.9 At the time of obtaining any additional service authorization during the currency of the License, all the eligibility requirements will have to be met by the Licensee.
Appears in 1 contract
Ownership of the Licensee Company. 1.1 The Licensee shall ensure that the total foreign equity in the paid up capital of the Licensee Company does not, at any time during the entire License period, exceed 741FDI upto 100% of the total equity (except for services for which different FDI cap has been prescribed) with 49% under automatic route and beyond 49% through FIPB route subject to observance of licensing and security conditions by licensee as well as investors as notified by the following FDI (Foreign Direct Investment) norms:DoT from time to time.
(i) Both 2Both direct and indirect foreign investment in the Licensee Company shall be counted for the purpose of FDI ceiling. Foreign Investment shall include investment by Foreign Institutional Investors (FIIs), Non-resident Indians (NRIs), Foreign Currency Convertible Bonds (FCCBs), American Depository Receipts (ADRs), Global Depository Receipts (GDRs) and convertible preference shares held by foreign entity. In any case, the `Indian’ shareholding shall not be less than 26 percent.calculating total FDI
(ii) FDI up to 49 percent will be through automatic route. FDI in the Licensee Company / 3The licensee Company/ Indian promoters / investment companies Promoters/ Investment Companies including their holding companies shall require prior approval comply relevant provisions of extant FDI policy of the Foreign Investment Promotion Board (FIPB) if it has a bearing on Government. While approving the overall ceiling of 74 percentinvestment proposals may take into accounts security concerns.
(iii) FDI shall be subject to laws of India and not the laws of the foreign country/countries. The Licensee shall comply with the relevant provisions of FDI policy of the Government and such modifications to the policy as may be issued from time to time.
(iv) The words, mentioned hereinabove in Para 1.1, such as FDI, foreign equity, investment companies, FIPB etc. shall have the same meaning as defined by Department of Investment & Industrial Policy (DIPP) in its FDI Policy.
1.2 The Licensee shall declare the Indian & Foreign equity structure (both direct and in-direct) in the Licensee company and submit a compliance report regarding compliance of FDI norms and security conditions on 1st day of January and 1st day of July of every year to the Licensor in Proforma as may be prescribed from time to time. This is to be certified by Company Secretary or Statutory Auditor, countersigned by duly authorized Director of the Licensee Company.
1.3 The Licensee shall also ensure that:
(i) Any changes in shareholding shall be subject to all applicable statutory permissions under Laws of India.
(ii) The Licensee Company shall not hold any other license for the services covered under the scope of Unified License. In case the Licensee obtains any other License by way of acquisition or merger, the License so obtained shall have to be migrated and merged to the aforesaid Unified License as per prescribed procedure.
(iii) In case the Licensee Company holds/obtains Access Spectrum, the Licensee Company shall ensure compliance to the crossholding /substantial equity requirement as per terms and conditions prescribed in Chapter VII of the License.. 1 Amended vide DOT letter no 20-271/AS-I (Pt) dated 03.12.2013 2 Amended vide DOT letter no 20-271/AS-I (Pt) dated 03.12.2013 3 Amended vide DOT letter no 20-271/AS-I (Pt) dated 03.12.2013
1.4 Change in the name of the Licensee Company, as per the provisions of the Indian Companies Act, 1956, shall have to be intimated to the Licensor in writing along with certified copy of the name change certificate within 30 days from the date of issue of such certificate by Registrar of Companies.
1.5 The Licensee shall have a minimum paid up equity capital equal to the sum of the Paid up Equity Capital required for each Service opted by the Licensee as per Annexure-II. The requirement under this license for the total minimum paid up equity capital shall be limited to Rs. 25 Crore (Rupees Twenty five crore only).
(i) 4 The Licensee shall have a minimum Networth equal to the sum of the networth required for each Service opted by the Licensee as per Annexure-II. The requirement under this license for the combined minimum Networth shall be limited to Rs. 25 Crore (Rupees Twenty five crore only). The networth Net worth shall mean be as defined in the sum total, in Indian Rupees, of paid up equity capital Companies Xxx 0000 and free reserves & surplus net of accumulated lossesas amended from time to time. The networth of promoters/equity share holders shall not be counted for determining the networth of the company.
(ii) The Licensee shall declare Paid up Capital and submit a compliance report on 1st day of January and 1st day of July of every year to the Licensor in Proforma as may be prescribed from time to time. This is to be certified by Company Secretary or Statutory Auditor, countersigned by duly authorized Director of the Licensee Company.
1.7 The Licensee shall maintain the required minimum paid up equity as per Annexure-II during the currency of license.
1.8 The Licensee shall provide only those services for which authorization has been granted in the License Agreement even if total amount of Entry Fee paid equals the maximum limit and combined minimum requirement of Networth and Paid up Equity Capital for all services are met.
1.9 At the time of obtaining any additional service authorization during the currency of the License, all the eligibility requirements will have to be met by the Licensee.
Appears in 1 contract
Samples: License Agreement
Ownership of the Licensee Company. 1.1 The Licensee shall ensure that the total foreign equity in the paid up capital of the Licensee Company does not, at any time during the entire License period, exceed 741FDI upto 100% of the total equity (except for services for which different FDI cap has been prescribed) with 49% under automatic route and beyond 49% through FIPB route subject to observance of licensing and security conditions by licensee as well as investors as notified by the following FDI (Foreign Direct Investment) norms:DoT from time to time.
(i) Both 2Both direct and indirect foreign investment in the Licensee Company shall be counted for the purpose of FDI ceiling. Foreign Investment shall include investment by Foreign Institutional Investors (FIIs), Non-resident Indians (NRIs), Foreign Currency Convertible Bonds (FCCBs), American Depository Receipts (ADRs), Global Depository Receipts (GDRs) and convertible preference shares held by foreign entity. In any case, the `Indian’ shareholding shall not be less than 26 percent.calculating total FDI
(ii) FDI up to 49 percent will be through automatic route. FDI in the Licensee Company / 3The licensee Company/ Indian promoters / investment companies Promoters/ Investment Companies including their holding companies shall require prior approval comply relevant provisions of extant FDI policy of the Foreign Investment Promotion Board (FIPB) if it has a bearing on Government. While approving the overall ceiling of 74 percentinvestment proposals may take into accounts security concerns.
(iii) FDI shall be subject to laws of India and not the laws of the foreign country/countries. The Licensee shall comply with the relevant provisions of FDI policy of the Government and such modifications to the policy as may be issued from time to time.
(iv) The words, mentioned hereinabove in Para 1.1, such as FDI, foreign equity, investment companies, FIPB etc. shall have the same meaning as defined by Department of Investment & Industrial Policy (DIPP) in its FDI Policy.
1.2 The Licensee shall declare the Indian & Foreign equity structure (both direct and in-direct) in the Licensee company and submit a compliance report regarding compliance of FDI norms and security conditions on 1st day of January and 1st day of July of every year to the Licensor in Proforma as may be prescribed from time to time. This is to be certified by Company Secretary or Statutory Auditor, countersigned by duly authorized Director of the Licensee Company.
1.3 The Licensee shall also ensure that:
(i) Any changes in shareholding shall be subject to all applicable statutory permissions under Laws of India.
(ii) The Licensee Company shall not hold any other license for the services covered under the scope of Unified License. In case the Licensee obtains any other License by way of acquisition or merger, the License so obtained shall have to be migrated and merged to the aforesaid Unified License as per prescribed procedure.
(iii) In case the Licensee Company holds/obtains Access Spectrum, the Licensee Company shall ensure compliance to the crossholding /substantial equity requirement as per terms and conditions prescribed in Chapter VII of the License.. 1 Amended vide DOT letter no 20-271/AS-I (Pt) dated 03.12.2013 2 Amended vide DOT letter no 20-271/AS-I (Pt) dated 03.12.2013 3 Amended vide DOT letter no 20-271/AS-I (Pt) dated 03.12.2013
1.4 Change in the name of the Licensee Company, as per the provisions of the Indian Companies Act, 1956, shall have to be intimated to the Licensor in writing along with certified copy of the name change certificate within 30 days from the date of issue of such certificate by Registrar of Companies.
1.5 The Licensee shall have a minimum paid up equity capital equal to the sum of the Paid up Equity Capital required for each Service opted by the Licensee as per Annexure-II. The requirement under this license for the total minimum paid up equity capital shall be limited to Rs. 25 Crore (Rupees Twenty five crore only).
(i) The Licensee shall have a minimum Networth equal to the sum of the networth required for each Service opted by the Licensee as per Annexure-II. The requirement under this license for the combined minimum Networth shall be limited to Rs. 25 Crore (Rupees Twenty five crore only). The networth Net worth shall mean be as defined in the sum total, in Indian Rupees, of paid up equity capital Companies Xxx 0000 and free reserves & surplus net of accumulated lossesas amended from time to time. The networth of promoters/equity share holders shall not be counted for determining the networth of the company.
(ii) The Licensee shall declare Paid up Capital and submit a compliance report on 1st day of January and 1st day of July of every year to the Licensor in Proforma as may be prescribed from time to time. This is to be certified by Company Secretary or Statutory Auditor, countersigned by duly authorized Director of the Licensee Company.
1.7 The Licensee shall maintain the required minimum paid up equity as per Annexure-II during the currency of license.
1.8 The Licensee shall provide only those services for which authorization has been granted in the License Agreement even if total amount of Entry Fee paid equals the maximum limit and combined minimum requirement of Networth and Paid up Equity Capital for all services are met.
1.9 At the time of obtaining any additional service authorization during the currency of the License, all the eligibility requirements will have to be met by the Licensee.
Appears in 1 contract
Samples: License Agreement
Ownership of the Licensee Company. 1.1 The Licensee shall ensure that the total foreign equity in the paid up capital of the Licensee Company does not, at any time during the entire License period, exceed 7411.1 FDI upto 100% of the total equity (except for services for which different FDI cap has been prescribed) under automatic route subject to observance of licensing and security conditions by licensee as well as investors as notified by the DoT from time to time. Notwithstanding with the above provision, foreign investment shall be subject to following FDI (Foreign Direct Investment) normsconditions:
(i) An entity of a country, which shares land border with India or where the beneficial owner of an investment into India is situated in or is a citizen of any such country, can invest only under the Government route.
(ii) In the event of the transfer of ownership of any existing or future FDI in an entity in India, directly or indirectly, resulting in the beneficial ownership falling within the restriction/ purview of the clause no. (i) above, such subsequent change in beneficial ownership will also require Government approval.
(iii) Both direct and indirect foreign investment in the Licensee Company shall be counted for the purpose of FDI ceiling. Foreign Investment shall include investment by Foreign Institutional Investors (FIIs), Non-resident Indians (NRIs), Foreign Currency Convertible Bonds (FCCBs), American Depository Receipts (ADRs), Global Depository Receipts (GDRs) and convertible preference shares held by foreign entity. In any case, the `Indian’ shareholding shall not be less than 26 percentcalculating total FDI.
(iiiv) FDI up to 49 percent will be through automatic route. FDI in the Licensee Company / The licensee Company/ Indian promoters / investment companies Promoters/ Investment Companies including their holding companies shall require prior approval comply relevant provisions of extant FDI policy of the Foreign Investment Promotion Board (FIPB) if it has a bearing on Government. While approving the overall ceiling of 74 percentinvestment proposals, the Government may take into accounts security concerns.
(iiiv) FDI shall be subject to laws of India and not the laws of the foreign country/countries. The Licensee shall comply with the relevant provisions of FDI policy of the Government and such modifications to the policy as may be issued from time to time.
(ivvi) The words, mentioned hereinabove in Para 1.1, such as FDI, foreign equity, investment companies, FIPB FIPB, etc. ., shall have the same meaning as defined by Department for Promotion of Investment & Industrial Policy Industry and Internal Trade (DIPPDPIIT) in its FDI Policy.
1.2 The Licensee shall declare the Indian & Foreign equity structure (both direct and in-direct) in the Licensee company and submit a compliance report regarding compliance of FDI norms and security conditions on 1st day of January and 1st day of July of every year to the Licensor in Proforma as may be prescribed from time to time. This is to be certified by Company Secretary or Statutory Auditor, countersigned by duly authorized Director of the Licensee Company.
1.3 The Licensee shall also ensure that:
(i) Any changes in shareholding shall be subject to all applicable statutory permissions under Laws of India.
(ii) The Licensee Company shall not hold any other license for the services covered under the scope of Unified License. In case the Licensee obtains any other License by 1 Amended vide letter No, 20-271/2010 AS-I (Vol.-IV) dated 03.11.2021 way of acquisition or merger, the License so obtained shall have to be migrated and merged to the aforesaid Unified License as per prescribed procedure.
(iii) In case the Licensee Company holds/obtains Access Spectrum, the Licensee Company shall ensure compliance to the crossholding /substantial equity requirement as per terms and conditions prescribed in Chapter VII of the License.
1.4 Change in the name of the Licensee Company, as per the provisions of the Indian Companies Act, 19562013, shall have to be intimated to the Licensor in writing along with certified copy of the name change certificate within 30 days from the date of issue of such certificate by Registrar of Companies.
1.5 The Licensee shall have a minimum paid up equity capital equal to the sum of the Paid up Equity Capital required for each Service opted by the Licensee as per Annexure-II. The requirement under this license for the total minimum paid up equity capital shall be limited to Rs. 25 Crore (Rupees Twenty five crore only).
21.6 (i) The Licensee shall have a minimum Networth equal to the sum of the networth required for each Service opted by the Licensee as per Annexure-II. The requirement under this license for the combined minimum Networth shall be limited to Rs. 25 Crore (Rupees Twenty five crore only). The networth Net worth shall mean be as defined in the sum totalCompanies Act, in Indian Rupees, of paid up equity capital 2013 and free reserves & surplus net of accumulated lossesas amended from time to time. The networth of promoters/equity share holders shall not be counted for determining the networth of the company.
(ii) The Licensee shall declare Paid up Capital and submit a compliance report on 1st day of January and 1st day of July of every year to the Licensor in Proforma as may be prescribed from time to time. This is to be certified by Company Secretary or Statutory Auditor, countersigned by duly authorized Director of the Licensee Company.
1.7 The Licensee shall maintain the required minimum paid up equity as per Annexure-II during the currency of license.
1.8 The Licensee shall provide only those services for which authorization has been granted in the License Agreement even if total amount of Entry Fee paid equals the maximum limit and combined minimum requirement of Networth and Paid up Equity Capital for all services are met.
1.9 At the time of obtaining any additional service authorization during the currency of the License, all the eligibility requirements will have to be met by the Licensee.
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Samples: License Agreement