It may appear like an Unsecured loan as no charge on the assets of the company, but giving Guarantee from Foreign Holding company for loan is secured to the bank . In case of default , Holding Co will have to pay to the foreign bank on its behalf, and in turn it can claim the payment from subsidiary Indian company; Also find out any counter guarantee or agreement between them.in this respect and its registration.It is Secured Loan, backed by such Guarantee, to the bank .In short , it is secured loan to the Subsidiary Co also. So to avoid it as a .................case, comply the law :
Under FEMA , the Indian Company has to obtain prior RBI permission for getting such guarantee [contingent liability - obligation to pay to the Holding Co against such guarantee.in future]. . Then file the charges with ROC.under the Cos Act.
I have to incorporate a Wholly owned Subsidiary of an Indian Company. Please share checklist, if anyone have.
subsidiary
indian
owned
wholly
incorporation
Dear Members,
We are considering Wholly owned subsidiary. For compliance 1 shareholder will be the nominee of the holding company.
what will the documents submitted in spice and can anyone share me the Board Resolution of holding company or List of Documents
company
indian
subsidiary
owned
wholly
Can a director who is also an NRI can give loans to Indian companies??
If yes, what are the requirements?
Dear Members,
We are considering Wholly owned subsidiary. For compliance 1 shareholder will be the nominee of the holding company.
what will the documents submitted in spice and can anyone share me the Board Resolution of holding company or List of Documents
company
indian
subsidiary
owned
wholly
Kindly share the procedure regarding foreign company investing fund in Indian company.
company
indian
investment
foreign
when one partner of LLP is Indian and other is Foreign National Residing abroad, how the LLP agreement is signed? if we get signed the agreement first from Indian partner and then send to Foreign National by courier to his address and he signs there in abroad and then sends back to us for filing, will it be ok? whether the signing of Foreign partner is required to be notarized & apostilled? any other way? If you have any sample please attach the same.
Click here to view / answer Share it onDear Sir,
An Indian company issued equity shares to Foreign Company. Now the query is whether the Foreign Company can gift those shares to an Indian or any one of the shareholder / Director of Indian Company.
On receipt of funds on issue, all FEMA procedures were followed. Whether any FEMA compliance is required on transfer via gift?.
Question is;
1. Whether the foreign company can gift the shares?
2. As no money in paid (as it is a gift), FEMA will apply?
3. FC-TRS can be filed through Authorised Dealer the Bank (in case of transfer of shares for a consideration), here in gift as there is no money paid (incase of gift) no AD is involved.
Kindly advise.
Dear members
when one partner of LLP is Indian and other is Foreign National Residing abroad, how the LLP agreement is signed? if we get signed the agreement first from Indian partner and then send to Foreign National by courier to his address and he signs there in abroad and then sends back to us for filing, will it be ok? whether the signing of Foreign partner is required to be notarized & apostilled? any other way?
Thank You.
Dear All,
Please clarify whether BEN-2 filing is required by the Reporting Indian Subsidiary company:
(1) The Reporting Company is an Indian subsidiary company which has only two foreign body corporate shareholders with 99.98% and 0.02 % equity shareholding respectively.
(2) These two foreign body corporate shareholders has further body corporates only as a shareholders.
(3) If I go to the ultimate holding company also then also the shareholding is divided into different body corporates only and none of the individuals are holding more than 10% holding anywhere.
Please advise and revert back if any further clarification is required.
Thanks & Regards
Hirali Shah
Company Secretary
Dear Members,
Does Companies (Indian Accouting Standards) Rules, 2015 is applicable to private company.
Private company is a joint venture company and one of its shareholder is listed on NSE and BSE.
Please guide.
Rgds
Devansh
rules
standards
accouting
indian
applicability
Dear Members,
In a Lease Deed , the area of lease is defined as 50% of the total area but which 50% is not mentioned, i.e. 50% of front or 50% of back.
Is the Deed is voidable under section 20 as a matter of mistake of fact?
Please give your comments.
