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    Transfer of shares to a Foreign Company

    Posted By : Juhee Goyal / Published on : 11-Apr-2023 04:33 AM / View : 223 / Comment : 1

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    Hi Friends!

    Can an individual transfer its 99% of shares to a foreign company?
    Read more on : company foreign shares transfer

    • yes, an individual can transfer their 99% of shares to a foreign company, subject to any restrictions or requirements imposed by the laws of the jurisdiction in which the shares are held.

      However, there may be legal and regulatory considerations that need to be taken into account when transferring shares to a foreign company. For example, there may be foreign investment restrictions or national security concerns that require approval from relevant authorities before the transfer can take place. Additionally, tax implications may arise from the transfer, and it is advisable to seek professional advice from tax and legal experts before proceeding with any transfer.

      More, it's important to note that if the company in which the individual holds shares is a publicly traded company, there may be additional regulations and disclosure requirements that need to be considered. In such cases, the individual should consult with the company's legal and financial advisors before making any decisions regarding the transfer of shares.

      Further, 

      Sectoral caps can impact the transfer of shares to a foreign company in certain circumstances.

      Sectoral caps refer to the maximum percentage of foreign investment allowed in a particular sector or industry. If the sector in which the company operates has a sectoral cap, the foreign company may be restricted from acquiring more than the allowed percentage of shares in the company.

      For example, in India, there are sectoral caps in certain sectors such as banking, insurance, and telecom. These sectoral caps limit the percentage of shares that a foreign company can acquire in companies operating in these sectors.

      If the sector in which the company operates has a sectoral cap, and the foreign company already holds the maximum permissible percentage of shares in the company, then the transfer of shares may not be allowed without obtaining regulatory approval.

      In addition to sectoral caps, there may be other regulatory requirements that need to be fulfilled before the transfer of shares can take place. These may include obtaining approvals from the relevant authorities, complying with foreign investment regulations, and meeting tax and other legal requirements.

      It is important to seek professional advice from legal and financial experts to understand the impact of sectoral caps on the transfer of shares and to ensure that all regulatory requirements are met.

      12-04-2023 / 09:59:03 AM
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