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FC-TRS




Ozg FEMA Consultant

Phone # 09811415831-37-61-72-84-92-94

Website: fema.in 


Form FC-TRS

Declaration regarding transfer of shares / compulsorily and mandatorily convertible preference shares (CMCPS) / debentures by way of sale from resident to non resident / non-resident to resident


(to be submitted to the designated AD branch in quadruplicate within 60 days from the date of receipt of funds)

The following documents are enclosed
For sale of shares / compulsorily and mandatorily convertible preference shares / debentures by a person resident in India
  1. Consent Letter duly signed by the seller and buyer or their duly appointed agent and in the latter case the Power of Attorney Document.
  2. The shareholding pattern of the investee company after the acquisition of shares by a person resident outside India.
  3. Certificate indicating fair value of shares from a Chartered Accountant.
  4. Copy of Broker's note if sale is made on Stock Exchange.
  5. Declaration from the buyer to the effect that he is eligible to acquire shares / compulsorily and mandatorily convertible preference shares / debentures under FDI policy and the existing sectoral limits and Pricing Guidelines have been complied with.
  6. Declaration from the FII/sub account to the effect that the individual FII / Sub account ceiling as prescribed has not been breached.
Additional documents in respect of sale of shares / compulsorily and mandatorily convertible preference shares / debentures by a person resident outside India
  1. If the sellers are NRIs/OCBs, the copies of RBI approvals, if applicable, evidencing the shares held by them on repatriation/non-repatriation basis.
  2. No Objection/Tax Clearance Certificate from Income Tax Authority/ Chartered Account.
1



Name of the company



Address (including e-mail ,
telephone Number, Fax no)







Activity



NIC Code No.



2

Whether FDI is allowed under Automatic route


Sectoral Cap under FDI Policy
  

3
Nature of transaction
(Strike out whichever is not applicable)
Transfer from resident to non resident /
Transfer from non resident to resident 

4




Name of the buyer
  


Constitution / Nature of the investing Entity
Specify whether
  1. Individual
  2. Company
  3. FII
  4. FVCI
  5. Foreign Trust
  6. Private Equity Fund
  7. Pension/ Provident Fund
  8. Sovereign Wealth Fund (SWFp)
  9. Partnership / Proprietorship firm
  10. Financial Institution
  11. NRIs / PIOs
  12. others


Date and Place of Incorporation                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             


Address of the buyer (including e-mail, telephone number. Fax no.)



5

  

Name of the seller
  



Constitution / Nature of the disinvesting entity
 Specify whether
  1. Individual
  2. Company
  3. FII
  4. FVCI
  5. Foreign Trust
  6. Private Equity Fund
  7. Pension/ Provident Fund
  8. Sovereign Wealth Fund (SWFÕ)
  9. Partnership/ Proprietorship firm
  10. Financial Institution
  11. NRIs/PIOs
  12. others
  

Date and Place of Incorporation

Address of the seller (including e-mail, telephone Number Fax no)



6
Particulars of earlier Reserve Bank / FIPB approvals
  

7
Details regarding shares / compulsorily and mandatorily convertible preference shares (CMCPS) / debentures to be transferred 

Date of the transaction
Number of shares CMCPS / debentures
Face value in Rs.
Negotiated Price for the transfer**in Rs.
Amount of consideration in Rs.









8


Foreign Investments in the company

No. of shares
Percentage
Before the transfer 


 After the transfer


9  



Where the shares / CMCPS / debentures are listed on Stock Exchange

Name of the Stock exchange
  
Price Quoted on the Stock exchange
  
Where the shares / CMCPS / debentures are Unlisted

Price as per Valuation guidelines*

Price as per Chartered Accountants
* / ** Valuation report (CA Certificate to be attached)

Declaration by the transferor / transferee
I / We hereby declare that :
  1. The particulars given above are true and correct to the best of my/our knowledge and belief.

  1. I/ We, was/were holding the shares compulsorily and mandatorily convertible preference shares / debentures as per FDI Policy under FERA/ FEMA Regulations on repatriation/non repatriation basis.

  1. I/ We, am/are eligible to acquire the shares compulsorily and mandatorily convertible preference shares / debentures of the company in terms of the FDI Policy. It is not a transfer relating to shares compulsorily and mandatorily convertible preference shares / debentures of a company engaged in financial services sector or a sector where general permission is not available.

  1. The Sectoral limit under the FDI Policy and the pricing guidelines have been adhered to.
Signature of the Declarant or
his duly authorised agent
Date:
Note:
In respect of the transfer of shares / compulsorily and mandatorily convertible preference shares / compulsorily and mandatorily convertible debentures from resident to non resident the declaration has to be signed by the non resident buyer, and in respect of the transfer of shares / compulsorily and mandatorily convertible preference shares / compulsorily and mandatorily convertible debentures from non-resident to resident the declaration has to be signed by the non-resident seller.


Certificate by the AD Branch
It is certified that the application is complete in all respects.
The receipt /payment for the transaction are in accordance with FEMA Regulations / Reserve Bank guidelines.
Signature

Name and Designation of the Officer
Date: Name of the AD Branch
AD Branch Code












p  SWF means a Government investment vehicle which is funded by foreign exchange assets, and which manages those assets separately from the official reserves of the monetary authorities.

Õ SWF means a Government investment vehicle which is funded by foreign exchange assets, and which manages those assets separately from the official reserves of the monetary authorities.




Ozg FEMA Consultant

Phone # 09811415831-37-61-72-84-92-94

Website: fema.in