What are the documents required for sale of shares by a 'Person Resident outside India' to a 'Person Resident in India' as per the Foreign Direct Investment-Regulation and Policy ?

CS Executive · Economic, Business and Commercial Laws · PYQS · December 2024
What are the documents required for sale of shares by a 'Person Resident outside India' to a 'Person Resident in India' as per the Foreign Direct Investment-Regulation and Policy ?

Answer & Explanation:

Following are the documents required for sale of shares by a "Person Resident Outside India (PROI) to a "Person Resident in India (PRII)" as per the Foreign Direct Investment (FDI)- Regulation & Policy: Consent Letter duly signed by the seller and buyer or their duly appointed agent indicating the details of transfer i.e., number of shares to be transferred, the name of the investee company whose shares are being transferred and the price at which shares are being transferred. Where the Consent Letter has been signed by their duly appointed agent the Power of Attorney Document authorizing the agent to purchase/sell shares by the seller/buyer. In case there is no formal Sale Agreement, letters exchanged to this effect may be kept on record. If the sellers are NRIs/OCBs, the copies of RBI approvals evidencing the shares held by them on repatriation/non-repatriation basis. The sale proceeds shall be credited NRE/NRO account, as applicable. Certificate indicating fair value of shares from a Chartered Accountant. No Objection / Tax Clearance Certificate from Income Tax authority/Chartered Account. Undertaking from the buyer to the effect that the Pricing Guidelines have been adhered to.

Topics: Economic Laws

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