Thursday, January 13, 2011

Can an Indian Resident acquire shares of a foreign company to become a director ?

Qualification shares to become a director in a Foreign company by an Indian Resident

Reserve Bank has given general permission to a resident individual to acquire foreign securities to the extent of the minimum number of qualification shares required to be held for holding the post of Director provided such shares do not exceed 1% of the paid-up capital of the overseas company and the amount to be remitted for such shares does not exceed USD 20,000 in a calendar year.

Now , 1% of the paid-up capital of the overseas company has been removed vide RBI Circular 
RBI/2011-12/474 A. P. (DIR Series) Circular No.97 dated 28 March 2012.

March 28, 2012Since the necessity of having certain qualification shares by an individual to be appointed as a Director of the company is governed by the law of the host country, it has been decided to remove the existing cap of 1 (one) per cent on the ceiling for resident individuals to acquire qualification shares for holding the post of a Director in the overseas company. Accordingly, henceforth, remittance shall be allowed from resident individuals for acquiring the qualification shares for holding the post of a Director in the overseas company to the extent prescribed as per the law of the host country where the company is located. The limit of remittance for acquiring such qualification shares shall be within the overall ceiling prescribed for the resident individuals under the Liberalized Remittance Scheme (LRS) in force at the time of acquisition.
R.V.Seckar
rvsekar2007@gmail.com

919848915177

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