Foreign direct investment share transfers permitted without prior RBI approval if compliant with FDI policy and SEBI pricing rules. The circular permits certain share transfers without prior RBI approval where conditions are met: compliance with extant FDI policy and FEMA sectoral caps/conditions; pricing conformity with relevant SEBI regulations; and attachment of a Chartered Accountant's certificate to form FC-TRS filed with the AD bank. Resident-to-nonresident transfers require either prior FIPB approval plus RBI pricing/documentation compliance, adherence to SEBI (SAST) obligations with RBI requirements, or, where FEMA pricing is not met, FDI/SEBI compliance and CA certification. Transfers involving financial sector investees require NOCs from relevant financial regulators and adherence to FDI/FEMA 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.
Foreign direct investment share transfers permitted without prior RBI approval if compliant with FDI policy and SEBI pricing rules.
The circular permits certain share transfers without prior RBI approval where conditions are met: compliance with extant FDI policy and FEMA sectoral caps/conditions; pricing conformity with relevant SEBI regulations; and attachment of a Chartered Accountant's certificate to form FC-TRS filed with the AD bank. Resident-to-nonresident transfers require either prior FIPB approval plus RBI pricing/documentation compliance, adherence to SEBI (SAST) obligations with RBI requirements, or, where FEMA pricing is not met, FDI/SEBI compliance and CA certification. Transfers involving financial sector investees require NOCs from relevant financial regulators and adherence to FDI/FEMA conditions.
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