Explain the pricing of shares issued under FDI Policy, 2015 to persons resident outside India by an Indian company.

CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · December 2015
Explain the pricing of shares issued under FDI Policy, 2015 to persons resident outside India by an Indian company.

Answer & Explanation:

Price of shares issued to persons resident outside India under the FDI Policy, shall not be less than - the price worked out in accordance with the SEBI guidelines, as applicable, where the shares of the company are listed on any recognised stock exchange in India; the fair valuation of shares done by a SEBI registered Merchant Banker or a Chartered Accountant as per any internationally accepted pricing methodology on arm's length basis, where the shares of the company are not listed on any recognised stock exchange in India; and the price as applicable to transfer of shares from resident to non-resident as per the pricing guidelines laid down by the Reserve Bank from time to time, where the issue of shares is on preferential allotment. However, where non-residents (including NRIs) are making investments in an Indian company in compliance with the provisions of the Companies Act, as applicable, by way of subscription to its Memorandum of Association, such investments may be made at face value subject to their eligibility to invest under the FDI scheme.

Topics: Valuation

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