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COMPANY LAW AND FEMA

Querist : Anonymous (Querist) 07 April 2011 This query is : Open 
Hello eveyone,

I wanted to know if a foreign company has a wholly owned subsidiary in india and it wants to take a loan overseas from a foreign bank, can in such a situation in lieu of the loan there be a charge created on assets of wholly owned subsidiary in india. Is such an arrangement possible and under what provisions? IF yes, whether FEMA Regulations would be attracted in such a situation? Can a Esoppel Letter be issued by the WOS in India to the Foreign Bank??
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