The issuance of employee stock options (ESOPs) to CEOs, whole-time directors and managing directors of insurers has been expressly recognised since 2016. Now, the Insurance Regulatory and Development Authority of India has issued a circular to clarify the requirement to obtain its prior approval with regard to the exercise of ESOPs. Going forward, insurers are likely to take a more pragmatic approach and consider the logistics of obtaining regulatory approvals (if applicable) with regard to ESOPs.
Introduction
For several years, stakeholders in the Indian insurance sector have wanted the foreign direct investment (FDI) limit for Indian insurers to be increased to 74% in parity with the FDI limit applicable to the private banking sector. On 1 February 2021, pursuant to the central budget speech for the financial year 2021-2022, the finance minister announced that the FDI cap for Indian insurers will be increased from 49% to 74%. In addition, it was announced that under the new framework:
foreign ownership and control would be allowed with safeguards;
the majority of directors on an insurer s board of directors and key management persons would be required to be resident Indians;
Introduction
The control and acquisition of entities in India by foreign investors and private equity (PE) funds is regulated by:
the foreign investment norms specified by the Reserve Bank of India;
the norms specified by the Securities Exchange Board of India (where the entity is a listed entity); and
any other laws or regulations governing the business of the target entity.
Entities engaged in insurance business must follow additional norms regarding foreign investment as specified by the Insurance Regulatory and Development Authority of India (IRDAI). This article answers commonly asked questions in relation to foreign investment in insurers in light of the extant insurance statutory and regulatory framework.
The control and acquisition of entities in India by foreign
investors and private equity funds (
PE Funds), is
regulated by the foreign investment norms specified by the Reserve
Bank of India (
RBI), the norms specified by the
Securities Exchange Board of India (
SEBI) (where
the entity is a listed entity), and any other laws/regulations
governing the business of the target entity. Entities engaged in
insurance business are required to follow additional norms
regarding foreign investment as specified by the Insurance
Regulatory and Development Authority of India
(
IRDAI). In this article we have set out the
frequently asked questions in relation to foreign investment in
1
The Insurance Regulatory and Development Authority of India (IRDAI) has declared four promoter entities of Sahara India Life Insurance Company Ltd as not ‘fit and proper’. IRDAI has also directed these promoter entities to transfer within six months their stake to any other fit and proper promoters.
In its order issued on 30 December 2020, Dr Subhash C Khuntia, chairman of IRDAI, says, As the promoters Sahara India Financial Corporation (SIFCL), Sahara Care Ltd (SCL), Sahara India Commercial Corporation Ltd (SICCL) and Sahara Infrastructure and Housing (SIHL) are no longer found to be “fit and proper,” the shareholding by these four entities should be transferred to any other “fit and proper” promoters within a period of six months, subject to the provisions of IRDAI (Transfer of Equity Shares of Insurance Companies) Regulations, 2015.