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What are the guidelines for transfer of existing shares from NRIs to residents and residents to NRIs?

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What are the guidelines for transfer of existing shares from NRIs to residents and residents to NRIs?

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The term transfer is defined under FEMA as including “sale, purchase, acquisition, mortgage, pledge, gift, loan or any other form of transfer of right, possession or lien”. {Section 2 (ze) of FEMA, 1999}. NRIs to residents: The FEMA Regulations give specific permission covering the following forms of transfer i.e. transfer by way of sale and gift. These permissions are discussed below: a. Transfer by way of sale: A non-resident Indian (NRI) or an erstwhile Overseas Corporate Body may transfer by way of sale, the shares/convertible debentures held by him to another NRI only. b. Transfer by way of Gift: A non-resident Indian (NRI) may transfer by way of gift, the shares/convertible debentures held by him to another NRI only. Residents to Non-Residents: • Transfer by way of sale – General Permission under Regulation 10 of Notification No. FEMA 20/2000-RB dated May 3, 2000. A person resident in India may transfer to a person resident outside India any share/convertible debenture of an Indi

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