Ozg FEMA Consultant
Phone # 09811415831-37-61-72-84-92-94
Form TS 1
Instructions :
1.
The
application should be completed in duplicate and submitted to the concerned
Regional Office of Reserve Bank under whose jurisdiction the Head/Registered
Office of the company, whose shares are to be transferred, is situated if the
transferor is a foreign company/foreign national resident outside India.
2.
The application may be signed either by the transferor
or the transferee attaching therewith consent in writing of the other party or
a copy of the sale/purchase agreement.
Documentation :
1.
Photocopies of Reserve Bank’s approval(s) for acquiring
and holding shares by the transferor, if specific approval was grtanted by
Reserve Bank for holding/acquisition of shares, if applicable.
2.
In case the shares
proposed to be
transferred are listed on
a Stock Exchange, a
certificate from a
Chartered Accountant certifying
the average quotation (average of daily
high and low) for one
week preceding the
date of application.
3.
In case of unlisted/thinly traded shares, valuation of
the shares on basis of any valuation methodology in vogue, if the total
consideration is upto Rs.20 lakhs.
4.
In case of unlisted/thinly traded shares where the total consideration exceeds Rs.20
lakhs, two valuation certificates for the shares of the company, one from the
statutory auditors of the company and the other from an independent Chartered
Accountant/SEBI registered Category-I Merchant Banker.
Or
Documentary
evidence showing Price Earnings (PE) and Book Value (BV) multiples of Bombay
Stock Exchange National Index (BSEN) for the calendar month immediately preceding the date of application
and a certificate showing the Earnings Per Share (EPS) and Net Asset Value
(NAV) of the shares of the company as
per the latest audited Balance Sheet.
________________________________________________________________
|
1.
|
Particulars of the transferor
|
|
||||||||
|
|
|
|
||||||||
|
|
A.
|
If the transferor
is a corporate body
|
|
|||||||
|
|
|
|
|
|||||||
|
|
|
(i)
|
Name and address
|
|
||||||
|
|
|
|
|
|
||||||
|
|
|
(ii)
|
Place of incorporation
|
|
||||||
|
|
|
|
|
|
||||||
|
|
|
(iii)
|
Total shareholding in the investee company
|
|
||||||
|
|
|
|
|
|
||||||
|
|
|
(iv)
|
Particulars of Reserve Bank approval/s for acquiring/
holding shares
|
|
||||||
|
|
|
|
|
|
||||||
|
|
|
(v)
|
Number and face value of the shares proposed to be
sold/transferred
|
|
||||||
|
|
|
|
|
|
||||||
|
|
B.
|
If the
transferor is an individual
|
|
|||||||
|
|
|
|
|
|
||||||
|
|
|
(i)
|
Full name and address
|
|
||||||
|
|
|
|
|
|
||||||
|
|
|
|
|
|
||||||
|
|
|
(ii)
|
Number of shares held in the Indian company
|
|
||||||
|
|
|
|
|
|
||||||
|
|
|
(iii)
|
Reserve Bank’s approval number/s and date(s) (if any)
for acquiring/ holding the shares
|
|
||||||
|
|
|
|
|
|
||||||
|
|
|
(iv)
|
Number and face value of shares proposed to be
sold/transferred
|
|
||||||
|
2.
|
Particulars of the
Indian company whose shares
are to be
sold /transferred
|
|
||||||||
|
|
i)
Name and address
|
|
||||||||
|
|
ii)
Place of incorporation
|
|
||||||||
|
|
iii)
Total paid –up capital
|
No. of shares
|
Amount
|
|||||||
|
|
a) Equity
|
|
|
|||||||
|
|
b) Preference
|
|
|
|||||||
|
|
c) Held by
|
|
|
|||||||
|
|
|
Equity
|
Preference
|
|||||||
|
|
i)
Non-resident :
|
No. of shares
|
Percentage to total
paid-up equity shares
|
No. of shares
|
Percentage to
total paid –up preference shares
|
|||||
|
|
(a)
Foreign
nationals/
Corporate bodies [
other
than included
in (b)
below]
(b)
NRIs/Overseas
corporate bodies predominantly
owned by NRIs
ii) Residents:
(a)
Indian
Promoters
(b)
Others
Total
|
|
|
|
|
|||||
|
3.
|
Particulars of the buyers/transferee:
|
|
|
|
|
|||||
|
|
(i)
Name and
address
|
|
|
|
|
|||||
|
|
(ii)
Place of incorporation
|
|
|
|
|
|||||
|
4.
|
Whether the shares are quoted on a recognised Stock
Exchange ?
|
Yes/No |
||||||||
|
|
(i)
|
If the shares are quoted on the Stock
Exchange, whether the sale is proposed
to be effected on the floor of the Stock
Exchange to the general public at the
prevailing market price?
|
Yes/No |
|||||||
|
|
(ii)
|
If the sale (of the quoted share) is by way
of private arrangement, please furnish
the following:
|
|
|
|
|
|
(a)
|
the average of quotations (average of daily high and
low) for one week preceding the date of application duly certified by a
Chartered Accountant. [item 2 under
Documentation]
|
|
|
|
|
|
|
|
|
|
|
(b)
|
the proposed sale price
|
|
|
|
|
|
|
|
|
5.
|
If the sale/transfer is of non-listed as well as
listed but not regularly traded shares, the proposed sale price [to be
supported by a Chartered Accountant's
certificate as indicated in Item 4 under Documentation]
|
|
||
|
|
|
|
||
|
6.
|
Whether the transferor/transferee requires any
permission under the Companies Act/MRTP Act.
If so, whether such permission has been received from the appropriate authority.
|
|
||
|
|
|
|
||
|
7.
|
Reason for the proposed sale/transfer of shares
|
|
||
|
|
|
|
||
|
8.
|
Any other information which the applicant wishes to
furnish in support of this application.
|
|
||
|
|
|
|
||
I/We
declare that the particulars given above are true and correct to the best of
my/our knowledge and belief.
Place:.................. ........... ...............................................
Date :.................. (Stamp and signature of the transferor/
transferee as the case may be)
Ozg FEMA Consultant
Phone # 09811415831-37-61-72-84-92-94
