Ozg FEMA Consultant
Phone # 09811415831-37-61-72-84-92-94
[ANNEX-II to
A.P.(DIR Series)
Circular No.110 of
12.06.2013]
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Form
FC-TRS
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Declaration regarding transfer of
shares / compulsorily and mandatorily convertible
preference shares (CMCPS) / debentures /others by way of sale from resident to non resident / non-resident to resident |
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(to
be submitted to the designated AD branch in quadruplicate within 60 days from
the date
of receipt of funds) |
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The
following documents are enclosed
For
sale of shares / compulsorily and mandatorily convertible preference shares /
debentures / others by a person
resident in India
i.
Consent Letter duly signed by the
seller and buyer or their duly appointed agent and in the latter case
the Power of Attorney Document.
ii.
The shareholding pattern of the
investee company after the acquisition of shares by a person resident
outside India.
iii.
Certificate indicating fair value
of shares from a Chartered Accountant.
iv.
Copy of Broker's note if sale is
made on Stock Exchange.
v.
Declaration from the buyer to the
effect that he is eligible to acquire shares / compulsorily
and mandatorily convertible preference shares / debentures/others under FDI policy
and the existing sectoral limits and Pricing Guidelines have been complied with.
vi.
Declaration from the FII/sub
account to the effect that the individual FII / Sub account ceiling as
prescribed has not been breached.
Additional documents in respect of
sale of shares / compulsorily and mandatorily convertible preference shares /
debentures / others by a person resident outside India
vii. If
the sellers are NRIs/OCBs, the copies of RBI approvals, if applicable,
evidencing
the shares held by them on repatriation/non-repatriation basis.
viii. No Objection/Tax
Clearance Certificate from Income Tax Authority/ Chartered
Account. |
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1
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Name
of the company
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Address (including e-mail , telephone Number, Fax no)
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Activity
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NIC Code No.
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2
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Whether FDI is allowed under Automatic route
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Sectoral Cap under FDI Policy
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3
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Nature of transaction
(Strike out whichever is not applicable)
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Transfer from resident to non resident / Transfer
from non resident to resident
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4
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Name
of the buyer
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Constitution
/ Nature of the investing Entity
Specify whether
1. Individual
2.
Company
3. FII
4. FVCI#
5.
Foreign Trust
6.
Private Equity Fund
7. Pension/
Provident Fund
9.
Partnership / Proprietorship
firm
10. Financial
Institution
11. NRIs
/ PIOs
12. others
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Date and Place of Incorporation
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Address of the buyer (including e-mail, telephone number. Fax no.)
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5
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Name
of the seller
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Constitution
/ Nature of the disinvesting entity
Specify
whether
1.
Individual
2.
Company
3.
FII
5.
Foreign Trust
6.
Private Equity Fund
7. Pension/
Provident Fund
9.
Partnership/ Proprietorship
firm
10.
Financial Institution
11.
NRIs/PIOs
12. Others[i]
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Date
and Place of Incorporation
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Address of the seller (including e-mail, telephone Number Fax no)
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6
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Particulars of earlier Reserve Bank / FIPB approvals
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7
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Details regarding shares /
compulsorily and mandatorily convertible preference shares (CMCPS) / debentures/ others
(such as FDI compliant instruments like participating interest rights in oil fields, etc.) to be
transferred
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Date of the transaction
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Number of shares CMCPS / debentures
/others
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Face value in Rs.
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Negotiated Price for the transfer**in Rs.
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Amount of consideration
in Rs.
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8
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Foreign Investments in the company
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No. of shares
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Percentage
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Before
the transfer
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After the
transfer
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9.
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Where the shares / CMCPS / debentures / others are listed on Stock Exchange
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Name of the
Stock Exchange
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Price
Quoted on the Stock exchange
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Where the shares / CMCPS /
debentures / others are Unlisted
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Price as
per Valuation guidelines*
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Price
as per Chartered Accountants
* / ** Valuation report (CA Certificate to
be attached)
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Declaration by the transferor / transferee I / We hereby declare that
i. The
particulars given above are true and correct to the best of my/our knowledge
and belief.
ii. I/
We, was/were holding the shares compulsorily and mandatorily convertible
preference shares / debentures/ other as per FDI Policy under FERA/ FEMA
Regulations on repatriation/non repatriation basis.
iii. I/
We, am/are eligible to acquire the shares compulsorily and mandatorily
convertible preference shares / debentures /other of the company in terms of
the FDI Policy. It is not a transfer relating to shares compulsorily and
mandatorily convertible preference shares / debentures /others of a company
engaged in financial services sector or a sector where general permission is
not available.
iv. The
Sectoral limit under the FDI Policy and the pricing guidelines have been
adhered to.
Signature of the Declarant or
his duly authorised agent
Date:
Note:
In respect of the transfer of shares / compulsorily and
mandatorily convertible preference shares / compulsorily and mandatorily
convertible debentures/ others from resident to non resident the declaration
has to be signed by the non resident buyer, and in respect of the transfer of
shares / compulsorily and mandatorily convertible preference shares /
compulsorily and mandatorily convertible debentures/ other from non-resident
to resident the declaration has to be signed by the non-resident seller.
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Certificate
by the AD Branch
It
is certified that the application is complete in all respects.
The
receipt / payment for the transaction are in accordance with FEMA Regulations
/ Reserve Bank guidelines.
Signature
Name
and Designation of the Officer
Date
: Name of the AD Branch
AD
Branch Code
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Know Your Customer (KYC) Form in
respect of the non-resident investor
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Registered
Name of the Remitter / Investor (Name,
if the investor is an Individual)
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Registration
Number (Unique Identification Number*
in case remitter is an Individual)
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Registered
Address (Permanent Address if remitter
Individual)
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Name
of the Remitter’s Bank
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Remitter’s
Bank Account No.
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Period of
banking relationship with the
Remitter
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*Passport No.,
Social Security No, or any Unique No. certifying the bonafides of the remitter as prevalent in the
remitter’s country.
We confirm that all the information furnished above is true and accurate
as provided by the overseas remitting
bank of the non-resident investor.
(Signature of the Authorised Official
of
the AD bank receiving the remittance)
Date: Place:
Stamp
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Proforma
Statement of inflows/outflows on account of
remittance received/made in
connection with transfer of shares / compulsorily and mandatorily
convertible preference shares / debentures/others/other, by way of sale
connection with transfer of shares / compulsorily and mandatorily
convertible preference shares / debentures/others/other, by way of sale
Category-wise
Part A - NRI/erstwhile OCB
Part B - Foreign
National/non-resident incorporated entity
Part C - Foreign Institutional
Investors
Inflow -Transfer from resident to non-resident
[Amount in Rs.]
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Date
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Name
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Activit
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NIC
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Name
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Consti
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Name
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Consti
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No. of
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Face
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Sale
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Total
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of
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of the
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y
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Code
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of the
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tution/
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of the
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tution/
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Share
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Value
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price
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Inflo
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Trans
actio n |
Comp
any |
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Buyer
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Natur e of Busin ess of
the
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Seller
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Natur e of Busin ess of
the
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s
transf erred |
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per
share |
w
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Buyer
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Seller
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(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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(7)
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(8)
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(9)
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(10)
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(11)
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(12)
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Outflow - Transfer from non-resident to resident
[Amount in Rs.]
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Date
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Name
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Activity
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NIC
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Name
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Consti
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Name
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Consti
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No. of
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Face
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Sale
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Total
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of
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of the
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Code
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of the
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tution/
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of the
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tution/
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Share
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Value
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price
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Inflow
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Trans
action |
Comp
any |
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Seller
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Natur e of Busin ess of the
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Buyer
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Natur e of Busin ess of the
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s
transf erred |
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per
share |
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Seller
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Buyer
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(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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(7)
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(8)
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(9)
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(10)
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(11)
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(12)
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#
The initial investment/s was/were made
by FVCI under FDI Scheme in terms of Schedule 1 to Notification No.
FEMA.20/2000-RB dated May 3, 2000
¶
SWF mean a Government investment vehicle
which is funded by foreign exchange assets, and which manages those assets
separately from the official reserves of monetary authorities.
## The initial
investment/s was/were made by FVCI under FDI Scheme in terms of Schedule
1 to Notification No. FEMA.20/2000-RB dated May 3, 2000.
¶
SWF mean a Government investment vehicle
which is funded by foreign exchange assets, and which manages those assets
separately from the official reserves of monetary authorities.
Ozg FEMA Consultant
Phone # 09811415831-37-61-72-84-92-94
