To make preferential_issue_of_shares_other_than_ou
1. To make preferential issue of
shares other than out of public
issue to Non Resident Indians
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2. To check whether the
proposed investment is
within the sectoral caps
provided for Foreign Direct
Investment.
If the proposed
investment exceeds the
sectoral caps, make an
application to FIPB before
the passing of the
shareholders’ resolution in
the AGM /EGM.
Issue of SharesIssue of Shares
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3. To obtain a certificate from either the Statutory Auditor or a
Chartered Accountant
It’s regarding the conformity of the pricing of the shares to be
offered on a preferential basis with the RBI Guidelines.
The pricing for an issue of shares on preferential basis shall be in
accordance with the SEBI Regulations for a listed company and the
fair valuation of shares done by a SEBI registered Merchant
Banker or a Chartered Accountant as per any internationally
accepted pricing methodology on the basis of length and the
recognized stock exchange doesn’t have the shares of the listed
company.
To file a Form FC-GPR with the Forex Department of the Regional
Office of the Reserve Bank of India within 30 days of the receipt of
application money.
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4. Capital InstrumentsCapital Instruments
The capital instruments should be issued within 180 days
from the date of receipt of the inward remittance received
through normal banking channels.
If suppose, it doesn’t issue the capital instruments
within 180 days from the date of receipt or date of debit
to the NRE/FCNR (B)account the amount of
consideration so received should be refunded immediately
to the non-resident investor through banking channels.
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5. Capital InstrumentsCapital Instruments
To complete the allotment of securities to the Non Resident Indians
within a period of 180 days from the date of allotment of securities.
However if your company is listed to ensure that allotment
pursuant to the special resolution shall be completed within a period
of 15 days from the date of passing of such resolution or any
approval or permission by any regulatory authority or the Central
Government for allotment is pending, the period of 15 days shall be
counted from the date of order on such application or the date of
approval or permission.
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