FOREIGN EXCHANGE MANAGEMENT (TRANSFER OR ISSUE OF SECURITY BY A PERSON RESIDENT OUTSIDE INDIA) REGULATIONS, 2000 (From Regulation 1 to Regulation SCHEDULE 11)
Prior RBI permission for cross-border transfer of securities tied to gift conditions, FDI-route exemptions, and pricing compliance. Regulation 10 requires RBI approval for gifts of securities from residents to non-residents subject to eligibility, relationship, sectoral cap, valuation and documentation conditions. Sales under the FDI Scheme and Annex B to Schedule 1 may proceed without prior RBI approval if sectoral limits, pricing, documentation and reporting requirements of RBI (and where applicable SEBI/FIPB) are met. Non-compliance with FEMA pricing guidelines may still allow transfer without prior RBI approval if Schedule 1 requirements (other than pricing) and applicable SEBI pricing/regulatory standards are satisfied and a Chartered Accountant's certificate is filed with FC-TRS.
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.
Prior RBI permission for cross-border transfer of securities tied to gift conditions, FDI-route exemptions, and pricing compliance.
Regulation 10 requires RBI approval for gifts of securities from residents to non-residents subject to eligibility, relationship, sectoral cap, valuation and documentation conditions. Sales under the FDI Scheme and Annex B to Schedule 1 may proceed without prior RBI approval if sectoral limits, pricing, documentation and reporting requirements of RBI (and where applicable SEBI/FIPB) are met. Non-compliance with FEMA pricing guidelines may still allow transfer without prior RBI approval if Schedule 1 requirements (other than pricing) and applicable SEBI pricing/regulatory standards are satisfied and a Chartered Accountant's certificate is filed with FC-TRS.
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