X is an individual, non-Indian, non-citizen and non-resident of India and controls a group of organizations engaged in the financial sector located outside India. He intends to set up a life insurance company in India an
CS Professional · Insurance - Law and Practice · PYQS · June 2018
X is an individual, non-Indian, non-citizen and non-resident of India and controls a group of organizations engaged in the financial sector located outside India. He intends to set up a life insurance company in India and after due diligence has decided to align himself with an Indian Company. The negotiated terms and conditions of the joint venture agreement are as under: Preference shares of the face value of ₹20 crore will be held equally by X and the Indian partners.
Answer & Explanation:
(vi) The quantum of preference capital will have to be reworked by both the partners of the proposed company to comply with the requirements of the capital structure as stipulated by the law as it is more than 25% of the equity capital. Based on the above, the proposed company of X and the Indian partner need to review the proposal and rework the whole proposal and arrive at a new joint venture agreement to proceed further with IRDAI to get the certificate of registration.
Topics: Insurance Law and Regulation
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