Requirement of Valuation Report and CA certificate in case of Private Placement
Posted By :
ARUN GANDHI /
Published on :
19-Sep-2022 06:23 AM /
View :
236 /
Comment :
1
Hi All,
In the case of a private placement which is also a downstream investment as per FEMA. We have taken valuation from Regd. Valuer + CA which is 5 months old... shareholders approved the private placement basis of this valuation and the same is filed with ROC.
In RBI filing the said valuation report being old than 90 days we may expect rejection from RBI and in such case, we may take another valuation with the current date only for filing purposes.
Please let me know if there is anything wrong with this practice. In my view, we don't need to link the valuation requirements of both laws. And can have separate valuations filed with different authorities. Please advise.
Read more on :
private
placement
case
certificate
valuation
report
requirement
-
-
Posted By : ARUN GANDHI /
Published on :
26-Nov-2022 08:13 AM /
View :
93 /
Comments : 0
Hi All
An Acquirer has made a public announcement of an open offer to acquire the shares of the target company, and the acquirer intends to delist the company post-takeover.
Whether the acquirer has to mandatorily disclose the intention of delisting the securities in the public announcement?
Click here to view / answer Share it on
-
Posted By : ARUN GANDHI /
Published on :
22-Nov-2022 04:54 AM /
View :
117 /
Comments : 0
Hi Members!
What is the procedure to Convert an OPC to a Private Company?
What Forms will be required to be filed and what are the due dates for filing such forms?
Please share!
Click here to view / answer Share it on
-
Posted By : ARUN GANDHI /
Published on :
22-Nov-2022 04:48 AM /
View :
174 /
Comments : 0
Hi All
Whether the provisions related to the Disqualification of Directors as provided in the Companies Act, 2013 applicable to the Designated Partners of the LLP?
If yes, then how the same shall be applied to the Partners?
Click here to view / answer Share it on
-
Posted By : ARUN GANDHI /
Published on :
21-Nov-2022 05:54 AM /
View :
140 /
Comments : 0
Hi Members!
Is there any declaration required in case a merger or amalgamation is taking place between an Indian company and a company or body corporate has been incorporated in a country that shares a land border with India?
Click here to view / answer Share it on
-
Posted By : ARUN GANDHI /
Published on :
18-Nov-2022 04:53 AM /
View :
131 /
Comments : 0
Hi All
What is the due date to intimate the ROC for change in the situation of the registered office of the company?
Click here to view / answer Share it on
-
Posted By : ARUN GANDHI /
Published on :
18-Nov-2022 04:49 AM /
View :
159 /
Comments : 0
In case the subscriber to the memorandum is a foreign national
residing outside India, his signatures and address, etc. shall be
witnessed by a Notary Public/Embassy/Consulate offices of
Embassies as per the Rule 13 of the Companies (Incorporation)
Rules, 2014.
In such cases, how can the DSC of such a witness be affixed?
Click here to view / answer Share it on
-
Posted By : ARUN GANDHI /
Published on :
16-Nov-2022 05:14 AM /
View :
305 /
Comments : 0
Hi All,
What are the consequences of the Non-Filing of Form MSME-1 with the RoC?
Could you also please help me out with what details are mandatorily required to be filled in?
Click here to view / answer Share it on
-
Posted By : ARUN GANDHI /
Published on :
17-Oct-2022 04:56 AM /
View :
121 /
Comments : 0
A UK Ltd (Registered in the UK) was holding 25% holding in B Ltd (registered in India).
Now ownership of A UK Ltd was transferred to C UK Ltd.
Therefore there is an indirect change of beneficiary ownership of B Ltd ( registered in India)
Is there any FEMA filing requirement in RBI by B Ltd or A UK Ltd?
Click here to view / answer Share it on
What's New on
Unanswered Queries
Latest Queries
Popular Queries
Blogs
Like us on Facebook
Follow Us on Twitter
Copyright © 2023 Compliance Calendar LLP. Developed By
In case of a private placement that is also a downstream investment as per FEMA, the valuation report must be conducted by a registered valuer as per the regulations. In addition, it is advisable to also take the opinion of a Chartered Accountant (CA) to ensure that the valuation is in accordance with the generally accepted accounting principles.
Regarding the validity of the valuation report, as per the Securities and Exchange Board of India (SEBI) regulations, the valuation report must not be older than six months from the date of the offer letter. Therefore, if the valuation report is five months old and the private placement offer letter is yet to be issued, then the valuation report is still valid.
However, if the private placement offer letter has already been issued and the six-month validity period has expired, then a fresh valuation report would be required. In this case, the company should engage a registered valuer to conduct a fresh valuation and issue a new report that is not more than six months old from the date of the offer letter.
It is important to ensure that all the regulatory requirements related to private placements and downstream investments are met to avoid any legal or compliance issues in the future.