CCPA Fines Chaayos Rs.50,000 for Default Inclusion of Service Charge in Bills  ||  MP HC: Major Unmarried Daughter Need Not Prove Disability to Claim Maintenance if Unable to Earn  ||  Madras HC: Travel Costs Must be Reimbursed to Independent Special Public Prosecutors  ||  MP HC: Timely Coordination Between Police, Banks and Telecom Bodies is Crucial in Cyber Fraud  ||  Kerala HC: Foreign Counsel Cannot Conduct Cross-Examination Before Commissioners  ||  Allahabad HC: Proclaimed Offenders Get Anticipatory Bail Only in Rare and Exceptional Cases  ||  Madras HC: Repeated Intimacy Alone Doesn't Prove Consent; Coercion & Deception Must be Examined  ||  SC: Government Can Revise Royalty under the MMDR Act Despite a Silent Lease Deed  ||  SC: Recovery of a Weapon Alone is Insufficient to Prove Guilt Without Conscious Possession  ||  SC: Section 68 of Evidence Act Does Not Require Attesting Witnesses to Prove Registered Sale Deeds    

Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Eleventh Amendment) Regulations, 2016- (Reserve Bank of India) (24 Oct 2016)

MANU/RFEM/0023/2016

Banking

In exercise of the powers conferred by clause (b) of sub-section (3) of Section 6 and Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), the Reserve Bank of India hereby makes the following amendments in the Foreign Exchange Management (Transfer or issue of Security by a Person Resident outside India) Regulations, 2000 (Notification No. FEMA. 20/2000-RB dated 3rd May 2000) namely:-

1. Short Title & Commencement-

(i) These Regulations may be called the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Eleventh Amendment) Regulations, 2016.

(ii) They shall come into force from the date of their publication in the Official Gazette.

2. Amendment of Schedule 1-

In the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000, (Notification No. FEMA 20/2000-RB dated 3rd May 2000), in Schedule 1, in paragraph 2, after the existing subparagraph (4), a new sub-paragraph, by name '(5)' shall be inserted, namely:

"(5). A wholly owned subsidiary set up in India by a non-resident entity, operating in a sector where 100 per cent foreign investment is allowed in the automatic route and there are no FDI linked conditionalities, may issue equity shares or preference shares or convertible debentures or warrants to the said non-resident entity against pre-incorporation/ preoperative expenses incurred by the said non-resident entity up to a limit of five per cent of its capital or USD 500,000 whichever is less, subject to the conditions laid down below.

a. Within thirty days from the date of issue of equity shares or preference shares or convertible debentures or warrants but not later than one year from the date of incorporation or such time as Reserve Bank of India or Government of India permits, the Indian company shall report the transaction in the Form FC-GPR to the Reserve Bank.

b. The valuation of the equity shares or preference shares or convertible debentures or warrants shall be subject to the provisions of Paragraph 5 of Schedule 1 of these Regulations.

c. A certificate issued by the statutory auditor of the Indian company that the amount of pre-incorporation/preoperative expenses against which equity shares or preference shares or convertible debentures or warrants have been issued has been utilized for the purpose for which it was received should be submitted with the FC-GPR form.

Explanation: Pre-incorporation/pre-operative expenses shall include amounts remitted to Investee Company's account, to the investor's account in India if it exists, to any consultant, attorney or to any other material/service provider for expenditure relating to incorporation or necessary for commencement of operations.

Tags : REGULATIONS   FOREIGN EXCHANGE   TRANSFER  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved