transfer of shares by nominee shareholder to beneficial owner

[Shipra Mishra]

Dear Members,

If a Nominee Shareholder (Resident) transfers its shares to its own Beneficial Shareholder (Non Resident),

eg

Beneficial Shareholder (Non Resident) - holds 75% shares in indian company

Nominee shareholder (Resident) - holds 25% shares in Indian company on behalf of non resident Beneficial Shareholder

Nominee shareholders (Resident) wants to transfer 24% shares to its non resident Beneficial shareholder

So my ques are:

Q.1) whether valuation of shares shall be required as per FEMA?

Q.2) whether the normal procedure for share transfer shall be applicable as per      Companies Act 2013 or filing of FC-TRS would be required?

The expert comments of the group members are highly solicited.

​

Regards

For Shipra Mishra & Associates 

CS Shipra Mishra 

Partner 

​​H.O. -N

6/456, IRC Village,

Bhubaneswar – 751015, Odisha

​B.O. - A4A, Upper Third Floor, 

Near Shani Mandir, 

Rampark, 

New Delhi - 110059​

Phone: 9437574885, 9810116090

Email: shipr...@gmail.com, Shipraand...@gmail.com