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Transfer of shares to/from Overseas Investors

The transfer of shares to overseas investors refers to the process of an existing shareholder or group of shareholders selling their ownership stakes (shares or stocks) in a company to individuals, institutions, or entities located in foreign countries. This transaction allows overseas investors to acquire ownership interests in the company and become shareholders.

Issue of shares for Unlisted Companies

Compliance with Foreign Exchange Management (Non-debt Instruments) Rules, 2019:

Governed by Rule 21 of Foreign Exchange Management (Non-debt Instruments) Rules, 2019.
Valuation Certificate requirement: There is a requirement of Valuation Certificate by a Merchant Banker.

Issue of shares for Listed Companies

Compliance with Foreign Exchange Management (Non-debt Instruments) Rules, 2019:

Governed by Rule 21 of Foreign Exchange Management (Non-debt Instruments) Rules, 2019.
Valuation Certificate requirement: There is no valuation certificate under Foreign Exchange Management (Non-debt Instruments) Rules, 2019 for Listed Companies.

Key Points to Consider

01

Which is the governing law for Unlisted

Foreign Exchange Management (Non-debt Instruments) Rules, 2019

02

Which is the governing law for listed

Foreign Exchange Management (Non-debt Instruments) Rules, 2019

03

Who does the Valuation

Merchant Banker

04

When valuation is required

At the time of the Transfer of Securities

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