Investor FocusTaxpert Professionals Private LimitedAdding value with Quality and CommitmentKey changes in Foreign Exchange laws in India
Overseas Investments by Resident Individuals – Liberalisation / RationalisationNotification No. FEMA 120/RB-2004 dated July 7, 2004 [Foreign Exchange Management (Transfer orIssue of any Foreign Security) (Amendment) Regulations, 2004] ( herein after referred as theNotification)Reserve Bank of India has reviewed the facilities available to the resident individuals for acquiring equity shares of a foreign entity byway of / under (i) qualification shares, (ii) professional services rendered and (iii) ESOP scheme. Extant Provision Revised ProvisionAcquiring qualification shares of an overseas company for holding the post of a DirectorRegulation 24(1)(a) of the Notification, a person resident in it has been decided to remove the existing cap of 1 (one) per cent onIndia being an individual may acquire foreign securities as the ceiling for resident individuals to acquire qualification shares forqualification shares issued by a company incorporated holding the post of a Director in the overseas company. Contributed by CA. Sudha G. Bhushanoutside India for holding the post of a Director in thecompany provided that: Remittance is now allowed from resident individuals for acquiring (i) the number of shares so acquired shall be the the qualification shares for holding the post of a Director in the minimum required to be held for holding the overseas company to the extent prescribed as per the law of the host post of director and in any case shall not exceed country where the company is located. 1 (one) per cent of the paid-up capital of the The limit of remittance for acquiring such qualification shares shall be company, and within the overall ceiling prescribed for the resident individuals under (ii) the consideration for acquisition of such shares the Liberalized Remittance Scheme (LRS) in force at the time of does not exceed the ceiling as stipulated by RBI acquisition. from time to time. 2
Acquiring shares of a foreign company - professional service rendered or in lieu of Director’s remunerationRegulation 20 of the Notification prescribes that a Resident It has been decided to grant General Permission to the residentindividual may apply to the Reserve Bank for permission to individuals to acquire shares of a foreign entity in part / fullacquire shares in a foreign entity offered as consideration consideration of professional services rendered to the foreignfor professional services rendered to the foreign entity and company or in lieu of Director’s remuneration.the Reserve Bank may, after taking into account certain The limit of acquiring such shares in terms of value shall be within thefactors, grant permission subject to such terms and overall ceiling prescribed for the resident individuals under theconditions as are considered necessary Liberalized Remittance Scheme (LRS) in force at the time of acquisition.Acquiring shares in a foreign company through ESOP SchemeRegulation 22(2) of the Notification grants General It has now been decided that resident employees or Directors may bepermission to a resident individual to purchase equity permitted to accept shares offered under an ESOP Scheme globally,shares offered by a foreign company under its ESOP on uniform basis, in a foreign company irrespective of the percentageSchemes, if he is an employee, or, a Director ofan Indian of the direct or indirect equity Contributed by CA. Sudha G. Bhushanoffice or branch of a foreign company, or, of a subsidiary in stake in the Indian company subject to:India of a foreign company, or, an Indian company in which the shares under the ESOP Scheme are offered by the issuingforeign equity holding, either direct or through a holding company globally on a uniform basis, andcompany/Special Purpose Vehicle (SPV), is not less than 51 an Annual Return is submitted by the Indian company to theper cent. Reserve Bank through the AD Category – I bank giving details of remittances / beneficiaries, etc. 3
Visit us at:www.taxpertpro.comContact us firstname.lastname@example.org@taxpertpro.com9769134554|||9769033172 Contributed by CA. Sudha G. Bhushan 4
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