The Reserve Bank of India (“RBI”) has notified the Foreign Exchange Management (Borrowing and Lending) (First Amendment) Regulations, 2026, marking a significant overhaul of India’s External Commercial Borrowing (“ECB”) framework.
The amendments introduce a more liberalised, principle-driven regime by
expanding borrower and lender eligibility, rationalising maturity norms,
enhancing borrowing limits, and simplifying reporting requirements.
The key changes are tabulated below:
|
Particulars |
Existing
Framework |
Revised
Regulations (2026 Amendment) |
|
Eligible
Borrowers |
Limited
categories of entities permitted to raise ECB |
Any
person resident in India (other than an individual), incorporated under a
Central/State Act, is eligible (if permitted under governing regulations).
LLPs now expressly recognised as eligible borrowers. Entities under
restructuring/CIRP also permitted. |
|
Recognised
Lenders |
Lenders
required to satisfy FATF/IOSCO jurisdiction criteria |
Broader
formulation: “person resident outside India”, overseas branch of
RBI-regulated lender, or financial institution / its branch in IFSC.
FATF/IOSCO condition no longer expressly applicable. |
|
End-Use
Restrictions |
Extensive
negative list including real estate, agriculture, etc. |
End-use
restrictions rationalised. Certain sectors such as real estate, agriculture
and plantation now permitted subject to conditions. Acquisition finance now
permitted. |
|
Borrowing
Limits |
ECB
cap of USD 750 million per financial year (with variations) |
Borrowing
permitted up to the higher of: (i) USD 1 billion outstanding ECB; or (ii)
300% of net worth (external + domestic borrowings). No limits for eligible
borrowers regulated by financial sector regulators. |
|
Minimum
Average Maturity (MAMP) |
Differentiated
maturity requirements depending on category |
Uniform
MAMP of 3 years. Manufacturing sector may avail ECB with MAMP between 1–3
years. MAMP exempted for specified transactions (conversion, refinancing,
corporate actions, waiver, etc.). |
|
Cost
of Borrowing |
All-in-cost
ceiling prescribed |
All-in-cost
ceiling removed. Cost to align with prevailing market conditions and arm’s
length principles (especially for related-party borrowings). |
|
Security
creation |
AD
Bank NOC required for creation of security / charge on assets for ECB |
This
requirement has been done away with and no NOC is required. |
|
Reporting
Requirements |
Monthly
Form ECB-2 reporting required |
Monthly
reporting discontinued. Reporting required only in the month of receipt of
proceeds and debt servicing. Provision for late submission fee introduced. |
Effective Date: The Amendment Regulations were notified on 9 February 2026 and have come into force upon publication in the Official Gazette
The amendments signal a decisive shift toward a more flexible and market-aligned ECB regime. By widening the scope of eligible borrowers and lenders, enhancing borrowing limits, removing the all-in-cost ceiling, and reducing compliance burden through simplified reporting, the RBI has moved toward a liberalised and commercially responsive cross-border borrowing framework
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