Transfer of assets of Liaison Office (LO) / Branch Office (BO) / Project Office (PO) of a foreign entity either to its Wholly Owned Subsidiary (WOS) / Joint Venture (JV) / Others in India– Delegation of powers to AD Banks.
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Delegation of powers to AD banks permits transfer of foreign office assets to Indian entities on closure, subject to specified documentary safeguards. AD Category I banks may permit transfer of assets of Liaison, Branch and Project Offices to Indian subsidiaries, joint ventures or other entities when the foreign entity intends to close its operations, provided the office has complied with reporting and registration requirements, a Statutory Auditor certificate detailing acquisition, book value and sale consideration (not exceeding book value) is furnished, assets derive from inward remittances and applicable taxes are paid; AD banks must preserve documents and ensure subsequent closure procedures are followed.
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.
Delegation of powers to AD banks permits transfer of foreign office assets to Indian entities on closure, subject to specified documentary safeguards.
AD Category I banks may permit transfer of assets of Liaison, Branch and Project Offices to Indian subsidiaries, joint ventures or other entities when the foreign entity intends to close its operations, provided the office has complied with reporting and registration requirements, a Statutory Auditor certificate detailing acquisition, book value and sale consideration (not exceeding book value) is furnished, assets derive from inward remittances and applicable taxes are paid; AD banks must preserve documents and ensure subsequent closure procedures are followed.
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