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Transfer of shares - one foreign company to another

1859 views 5 replies

Dear members,

 

what intimation is required under FEMA to RBI for

transfer of shares of Indian pvt ltd company,

by a foreign holding co,

to another foreign company or NRI.

 

Also what other FEMA provisions to be complied?

 

Please revert urgently.

Thanks in advance

Replies (5)

 

As present FEMA provisions issuance of shares to the resident out India by an Indian 
Company is subject to valuation of said securities as per erstwhile CCI guidelines. 
Similarly transfer of equity instruments, by way of sale, from residents to non-residents 
(including transfer of subscriber's shares) of an Indian company in sectors other than 
financial services sector (i.e. Banks, NBFCs, Insurance, Asset Reconstruction 
Companies, Infrastructure companies in securities market namely, Stock Exchanges, 
Depositories and Clearing Corporations, Credit Information Companies and Commodity 
Exchanges) from residents to non-residents and vice versa is subject valuation of said 
securities as per erstwhile CCI guidelines. 
Hence you need to get a valuation certificate from CA and submit form FCGPR with RBI

its FC-TRS form please.

but sir, here there is no resident. So how FC TRS is applicable?

also there is no remittance to india, the transfer is taking place between foreign entities...

so will FC GPR come into picture?

 

FC-TRS is a declaration of transfer that consideration has been received by transferor it is not for remittance what i think. Further you can contact your AD Bank and please clear me also whatever AD says.

Hi thanks for the revert sir,

 

RBI told no forms required to be filed if the consideration is other than in INR,

and outside India between NRIs.....

 


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