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Foreign Direct Investment – Transfer of Shares.

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..... he Foreign Exchange Management (Transfer of Issue of Security by a Person Resident outside India) Regulations, 2000 notified vide Notification No.FEMA 20/2000-RB dated May 3, 2000 , as amended from time to time. Accordingly, the transfer of shares from a Resident to a Non Resident where i) the transfer does not conform to the pricing guidelines as stipulated by the Reserve Bank from time to t .....

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..... r approval of the Reserve Bank of India : A. Transfer of shares from a Non Resident to Resident under the FDI scheme where the pricing guidelines under FEMA, 1999 are not met provided that :- The original and resultant investment are in line with the extant FDI policy and FEMA regulations in terms of sectoral caps, conditionalities (such as minimum capitalization, etc.), reporting requir .....

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..... irements as specified by the Reserve Bank of India from time to time. ii) where SEBI (SAST) guidelines are attracted subject to the adherence with the pricing guidelines and documentation requirements as specified by Reserve Bank of India from time to time. iii) where the pricing guidelines under the Foreign Exchange Management Act (FEMA), 1999 are not met provided that:- a) The result .....

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..... of the investee company as well as transferor and transferee entities and such NOCs are filed along with the form FC-TRS with the AD bank; and b). The FDI policy and FEMA regulations in terms of sectoral caps, conditionalities (such as minimum capitalization, etc.), reporting requirements, documentation etc., are complied with. 3. Necessary amendments to the Foreign Exchange Management (Tra .....

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