Clarifications on the permissibility of issuance of bonus shares to existing non-resident shareholder(s) by Indian companies engaged in sectors prohibited for FDI.
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Bonus share issuance to non-resident shareholders permitted where shareholding proportions remain unchanged under FDI restrictions. An Indian company engaged in a sector prohibited for FDI may issue bonus shares to pre-existing non-resident shareholder(s) provided that the shareholding pattern of the pre-existing non-resident shareholder(s) does not change as a consequence of the issuance. Issuance must comply with applicable laws, rules, regulations and guidelines and the clarification will be effective from the date of the relevant FEMA notifications.
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.
Bonus share issuance to non-resident shareholders permitted where shareholding proportions remain unchanged under FDI restrictions.
An Indian company engaged in a sector prohibited for FDI may issue bonus shares to pre-existing non-resident shareholder(s) provided that the shareholding pattern of the pre-existing non-resident shareholder(s) does not change as a consequence of the issuance. Issuance must comply with applicable laws, rules, regulations and guidelines and the clarification will be effective from the date of the relevant FEMA notifications.
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