Balesh Kumar, the Enforcement Directorate special director who issued the notices, told the Financial Times that Etisalat had increased its stake in Swan Telecom – later renamed Etisalat DB – above 49 per cent without seeking regulatory approval. Under India’s FDI rules for the telecoms sector, a foreign group seeking to acquire a stake greater than 49 per cent needs approval from the Foreign Investment Promotion Board for the transaction.
Etisalat acquired a 45 per cent stake in Swan Telecom for $900m in 2008. However, the UAE group later bought another 5 per cent stake from Genex Exim, a small financial services group based in south India, increasing its overall stake above 49 per cent.
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