Thursday, September 18, 2014

RBI _Issue of shares to Non resident

As per the RBI regulation an Indian company under the automatic route may issue shares/convertible debentures to a person resident outside India against lump-sum technical know-how fee, royalty , External Commercial Borrowings (ECBs) (other than import dues deemed as ECB or Trade Credit as per RBI guidelines) and import payables of capital goods by units in Special Economic Zones subject to certain conditions like entry route,sectoral cap, pricing guidelines and compliance with the applicable tax laws.
What is the new change
The extant guidelines for issue of shares/convertible debentures under the automatic route have been reviewed in consultation with the Government of India and, accordingly, it has been decided to permit issue of equity shares against any other funds payable by the investee company, remittance of which does not require prior permission of the Government of India or Reserve Bank of India under FEMA, 1999 or any rules/ regulations framed or directions issued , provided that: The equity shares shall be issued in accordance with the extant FDI guidelines on sectoral caps, pricing guidelines etc. as amended byReserve bank of India, from time to time;


http://www.icsi.edu/docs/webmodules/APD31FDI0914%5b1%5d.pdf

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