Transfer of shares
This query is : Resolved
CS Jignesh Mistry
(Querist)
23 July 2012
X Ltd - (Foreign Co) holds 99.99% of shares in PQR Pvt Ltd (Indian co) and 1 share (0.001%) is held by Mr. NRI as Nominee shareholder of X Ltd.
Now i want to transfer this 1 share held by Mr. NRI to other Foreign Company.
please guide me with:
1. whether should i follow transfer of share (s.108) or should i need to follow change of nominee route (S.109A)of Co. Act.
2. Fema Guidelines for transfer of share from Non resident to non resident.
3. also do it involve any transactions for purchase price and how it is valued under FEMA / Companies Act.
4. what are the formalities to comply with under FEMA and Co Act.
please reply me urgently.
thanks
in advance.
Now i want to transfer this 1 share held by Mr. NRI to other Foreign Company.
please guide me with:
1. whether should i follow transfer of share (s.108) or should i need to follow change of nominee route (S.109A)of Co. Act.
2. Fema Guidelines for transfer of share from Non resident to non resident.
3. also do it involve any transactions for purchase price and how it is valued under FEMA / Companies Act.
4. what are the formalities to comply with under FEMA and Co Act.
please reply me urgently.
thanks
in advance.
Ajay Mishra
(Expert)
23 July 2012
Hi
As per my understanding it will be change of nominee and the provision of section 187C will be applicable, instead of transfer of shares.
Other views are also solicited.
As per my understanding it will be change of nominee and the provision of section 187C will be applicable, instead of transfer of shares.
Other views are also solicited.
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