Transfer of shares by a foreign co to indian resident co

shankaR (Sr Manager(Legal & Compliances))   (34 Points)

19 July 2013  

A company X is having a JV with a state government agency. There are many share holders. Among them, there is a foreign investor Z who is a consortium partner in this JV. It holds Y number of shares, valuing is Rs.3Crores

X company has submitted FCGPR to RBI through AD

JV Company has been making loss and so, X company plans to merge the JV company with some other resident company. Now, Z company’s Y number of shares has to be transferred either to the JV company itself or to X company

Z company’s Y no of shares have to be transferred to the JV company or to X company for a value of USD 1/-

Our queries:

-is it possible to do this transfer and subsequent merger?

-Is the value of USD 1/- acceptable to RBI?

-What are the process/procedure/forms to be filed to RBI, if any?

-what are the compliances to be followed to effect this legally?