MCA has notified Companies (Share Capital and Debentures) Amendment Rules 2022 to amend the Companies (Share Capital and Debenture) Rules, 2014.
Official copy of the notification has been mentioned below
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, dated the 4th May, 2022
G.S.R. 335(E).- In exercise of the powers conferred by sub-section (1) and (3) of section 56 read with sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Share Capital and Debenture) Rules, 2014, namely:-
1. Short title and commencement.
(1) These rules may be called the Companies (Share Capital and Debentures) Amendment Rules, 2022.
(2) They shall come into force from the date of their publication in the Official Gazette. 2. In the Companies (Share Capital and Debentures) Rules, 2014, in the Annexure, in Form No.SH-4, before the Enclosures, the following declaration shall be inserted, namely.-
"Declaration:
- Transferee is not required to obtain the Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 prior to transfer of shares; or
- Transferee is required to obtain the Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 prior to transfer of shares and the same has been obtained and is enclosed herewith.".
[File No. 1/04/2013-CL-V, Part-IV]
MANOJ PANDEY,
Joint Secretary
Note: The principal rules were published in the Gazette of India, Extraordinary, Part-II, section 3, subsection (i), vide number G.S.R. 265 (E), dated the 31st March, 2014 and last amended vide number G.S.R.113 dated the 11th February, 2021.
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