RBI/ FEMA

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Dear All,

An Indian holding company (Software) has 4 wholly owned subsidiaries namely B, C, D and E in various countries. Now holding company decide to transfer its entire shares of B, C and D to “E” with consideration of getting new shares from ‘E’ on share swap basis.  

Whether above transaction is treated as Disinvestment of Holding Company?

Whether the Merchant Banker need to appoint for valuation of shares for above transaction. (As per RBI regulation)?

Whether FIPB approval should get in this regard?

Any other laws applicable to this transaction?

Please enlighten on the above.

Thanking you

Replies (3)

The companies mentioned above are pub. ltd. or private ltd. ?

Dear Mam,

                    The Company is Listed Company.

Dear Sir,

There is a Company 'X' (Public Unlisted company) in India.

It holds shares 100% in the status of a holding company in a company abroad (subsidiary company), from the last one year.

A total of $8000 was wire transferred against incorporation expenses to a representative company abroad which included the investment amount of  $100.

The company 'X' has not filed Form ODI.

Request you to opine on the status of this transaction.

I am told that Form ODI is not required to be filed since there is no transaction and there is no Bank account for the susidiary company - abroad.

Regards

S. Anand

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