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Foreign Exchange Management (Transfer or issue of Security by a Person Resident outside India) ( Fourth Amendment) Regulations, 2005 - 137/2005 - Foreign Exchange Management
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Gift transfer approval required for securities by non-residents; RBI may permit transfers subject to eligibility and valuation documentation. RBI approval is required for any security transferred by way of gift from a resident to a person resident outside India; approval is subject to conditions including donee eligibility under the Regulations' Schedules, that the gift does not exceed five percent of paid-up capital/each series of debentures/each mutual fund scheme, that applicable sectoral cap/FDI limits are not breached, donor-donee relationship as relatives under the Companies Act, and that aggregate annual gifted securities to non-residents do not exceed the rupee equivalent of the prescribed threshold. Applications must include identity, relationship, reasons and prescribed valuation certificates and company confirmation of compliance.
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.
Gift transfer approval required for securities by non-residents; RBI may permit transfers subject to eligibility and valuation documentation.
RBI approval is required for any security transferred by way of gift from a resident to a person resident outside India; approval is subject to conditions including donee eligibility under the Regulations' Schedules, that the gift does not exceed five percent of paid-up capital/each series of debentures/each mutual fund scheme, that applicable sectoral cap/FDI limits are not breached, donor-donee relationship as relatives under the Companies Act, and that aggregate annual gifted securities to non-residents do not exceed the rupee equivalent of the prescribed threshold. Applications must include identity, relationship, reasons and prescribed valuation certificates and company confirmation of compliance.
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