Regulation 6 - Merger or demerger or amalgamation of Indian companies - Foreign Exchange Management (Debt Instruments) Regulations, 2019

6. Merger or demerger or amalgamation of Indian companies Where a Scheme of Arrangement for an Indian company has been approved by National Company Law Tribunal (NCLT)/ Competent Authority , the Indian company may issue non-convertible redeemable preference shares or nonconvertible redeemable debentures out of its general reserves by way of distribution as bonus to the shareholders resident outside India, subject to the following conditions, namely: a. the original investment made in the Indian company by a person resident outside India is in accordance with these Regulations and the conditions specified in the relevant Schedule; b. the said issue is in accordance with the provisions of the Companies Act, 2013 and the terms and conditions, if any, stipulated in the scheme approved by National Company Law Tribunal (NCLT)/ Competent Authority have been complied with; c. the Indian company shall not engage in any activity/ sector in which investment by a person resident outside India is prohibited.