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Revised external commercial borrowing (ECB) framework

From 16 February 2026, an eligible borrower can raise ECB up to the higher of USD 1 billion outstanding or total borrowing of 300% of its net worth, under the new Schedule I of the FEMA Borrowing and Lending Regulations (Notification FEMA 3(R)(5)/2026-RB, 9 February 2026).

FEMA

What changed

The Foreign Exchange Management (Borrowing and Lending) (First Amendment) Regulations, 2026 substitute Schedule I, which governs ECB, and took effect on publication in the Gazette on 16 February 2026. The borrowing limit is the higher of outstanding ECB of USD 1 billion, or total outstanding external and domestic borrowing of 300% of net worth as per the last audited standalone balance sheet. The proposed ECB counts towards the limit. Borrowers regulated by a financial sector regulator are outside this limit.

The cost of borrowing must be in line with prevailing market conditions. ECB with an average maturity below three years must also stay within the trade credit cost ceiling. The minimum average maturity is three years; manufacturing borrowers may borrow for one to three years where their outstanding ECB does not exceed USD 150 million. Call and put options cannot be exercised before the minimum average maturity.

Form ECB 1 is filed through the AD bank to obtain the loan registration number (LRN), and drawdown is allowed only after that. Changes are reported in a revised Form ECB 1, and drawdowns and debt servicing in Form ECB 2, in each case within seven days from the end of the month in which the event occurs. ECB with an LRN obtained before the change continues under the earlier rules, except that reporting follows the new rules.

Who is affected

Companies and LLPs borrowing from overseas lenders, and their AD banks.

Effective dates

ItemDate or period
Notification9 February 2026
In force (Gazette publication)16 February 2026
Form ECB 1 (LRN)Before the first drawdown
Form ECB 2 and revised ECB 1Within 7 days from the end of the month of the event

What to do now

  • Work out headroom under both tests (USD 1 billion and 300% of net worth) before signing a new facility.
  • Check the minimum average maturity and any call or put options against the term sheet.
  • Get the LRN through the AD bank before the first drawdown.
  • Diarise the monthly ECB 2 date for every drawdown and repayment.

Penalty or consequence if missed

Delays in reporting Form ECB 2 or a revised Form ECB 1 can be regularised by paying the late submission fee set out in RBI’s Master Direction on External Commercial Borrowings, within the limits allowed for it; the current amounts are in the Master Direction on rbi.org.in. Raising ECB beyond the limits, drawing down before the LRN or breaching the minimum average maturity is a contravention under Section 13 of FEMA, with a penalty of up to three times the sum involved, unless it is compounded.

Official source

RBI Notification FEMA 3(R)(5)/2026-RB dated 9 February 2026, Foreign Exchange Management (Borrowing and Lending) (First Amendment) Regulations, 2026.

Effective: 16 Feb 2026 · Note published · Last reviewed

Related on this site

This note summarises a public notification for general information. It is not professional advice and does not cover every condition or exception, and the rule can change again by a later notification. Read the notification itself before acting on it, or consult a qualified professional on your own facts.

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