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        Regulation 12 - Pledge of Shares of Company Incorporated in India

        Foreign Exchange Management (Transfer or Issue Of Security By A Person Resident Outside India) Regulations, 2000

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        Pledge of shares allowed to secure external commercial borrowings subject to authorised dealer no-objection and RBI conditions. Pledge of shares by promoters to secure external commercial borrowings is allowed subject to an authorised dealer's no-objection after verifying ECB compliance, a signed loan agreement, a security clause requiring creation of charge on financial securities, and a Loan Registration Number; the pledge must be co-terminus with ECB maturity, transfers on invocation must follow FDI policy and Reserve Bank directions, and the statutory auditor must certify permitted use of proceeds. Non-resident investors may pledge shares, convertible debentures, or investment vehicle units to secure credit facilities, subject to authorised dealer satisfaction of Reserve Bank conditions.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Pledge of shares allowed to secure external commercial borrowings subject to authorised dealer no-objection and RBI conditions.

                                Pledge of shares by promoters to secure external commercial borrowings is allowed subject to an authorised dealer's no-objection after verifying ECB compliance, a signed loan agreement, a security clause requiring creation of charge on financial securities, and a Loan Registration Number; the pledge must be co-terminus with ECB maturity, transfers on invocation must follow FDI policy and Reserve Bank directions, and the statutory auditor must certify permitted use of proceeds. Non-resident investors may pledge shares, convertible debentures, or investment vehicle units to secure credit facilities, subject to authorised dealer satisfaction of Reserve Bank conditions.





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                                ActsIncome Tax
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