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Transfer of shares by a private company to a resident outside India - RBI Guidelines

RBI, wide notification no. Notification No. FEMA 20 / 2000-RB dated 3rd May, 2000 have amended the pricing and valuation guidelines for a private company issuing shares to a person resident outside India.

RISGHTS ISSUE
The offer on right basis to the persons resident outside India shall be at a price which is not less than the price at which the offer on right basis is made to resident shareholders.

ISSUE OF SHARES
Current Provision - Price of shares issued to persons resident outside India is required to be issued at a value arrived at by a Chartered Accountant who would determine the price in accordance with the erstwhile Controller of Capital Issues (CCI) Guidelines [conservative method of valuation by considering an average of the Net Asset Value (NAV) of the company and the company’s Profit Earning Capacity Value (PECV), which was arrived at based on its past financial performance].

Revised Guidelines - Price of shares issued to persons resident outside India, shall not be less than the fair valuation of shares done by a SEBI registered Category - I Merchant Banker or a Chartered Accountant as per the Discounted Free Cash Flow (DCF) method.


For Listed companies, the pricing guidelines remain almost the same as before i.e. thay would value the shares based on SEBI guidelines.



Ref: http://rbi.org.in/scripts/NotificationUser.aspx?Mode=0&Id=5649

 


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