Prior Approval for Change in control: Transfer of shareholdings among immediate relatives and transmission of shareholdings and their effect on change in control
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Change in control: family transfers and succession treated variably; prior approval and fit and proper checks govern new controllers. Transfers among immediate relatives and transmissions of shareholding in unlisted corporate intermediaries do not constitute change in control; proprietary firm transfers or transmissions that alter legal formation or ownership do constitute change in control requiring prior approval and fresh registration; partnership firms permit inter se transfers among multiple partners without change in control, but induction of a new partner or alteration on death without deed provisions may constitute change in control. Incoming controlling persons must satisfy fit and proper person criteria under SEBI intermediary regulations.
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.
Change in control: family transfers and succession treated variably; prior approval and fit and proper checks govern new controllers.
Transfers among immediate relatives and transmissions of shareholding in unlisted corporate intermediaries do not constitute change in control; proprietary firm transfers or transmissions that alter legal formation or ownership do constitute change in control requiring prior approval and fresh registration; partnership firms permit inter se transfers among multiple partners without change in control, but induction of a new partner or alteration on death without deed provisions may constitute change in control. Incoming controlling persons must satisfy fit and proper person criteria under SEBI intermediary regulations.
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