The Dollar Goes In and the Rupee Comes Out: Enforcement Blind Spot in India’s IFSC
The proposed Section 43A of the Companies (Amendment) Bill, 2026 enables IFSC companies to issue and maintain share capital in permitted foreign currency, yet the statutes governing recovery and insolvency remain substantially rupee denominated. This piece traces Section 43A's regulatory lineage, examines eligibility of IFSC entities to invoke enforcement mechanisms, and identifies junctures where currency incommensurability generates valuation uncertainty. It argues that the treatment of foreign currency in enforcement warrants coordinated regulatory resolution as a matter of 'design', rather than ex-post improvisation following default(s).
Dr. Garima Gupta, Ritu Ranjan
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