On 4th May, 2022 MCA has issued a
notification to insert Declaration in Form SH-4 (Security Transfer form).
The notification reads as below:
MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 4th May, 2022
G.S.R. 335(E). —In exercise of the powers conferred by
sub-section (1) and (3) of section 56 read with sub-sections (1) and (2) of
section 469 of the Companies Act, 2013 (18 of 2013), the Central Government
hereby makes the following rules further to amend the Companies (Share Capital
and Debenture) Rules, 2014, namely:-
1.
Short title and
commencement. _ (1) These rules may be called the Companies (Share Capital and
Debentures) Amendment Rules, 2022.
(2) They shall come into force
from the date of their publication in the Official Gazette.
2.
In the Companies (Share
Capital and Debentures) Rules, 2014, in the Annexure, in Form No.SH-4, before
the Enclosures, the following declaration shall be inserted, namely.-
“Declaration:
•
Transferee is not
required to obtain the Government approval under the Foreign Exchange
Management (Non-debt Instruments) Rules, 2019 prior to transfer of shares; or
•
Transferee is required
to obtain the Government approval under the Foreign Exchange Management
(Non-debt Instruments) Rules, 2019 prior to transfer of shares and the same has
been obtained and is enclosed herewith.”.
[F. No. 1/04/2013-CL-V, Part-IV]
MANOJ PANDEY, Jt. Secy.
Note : The principal rules were published
in the Gazette of India, Extraordinary, Part-II, section 3, sub- section (i),
vide number G.S.R. 265 (E), dated the 31st March, 2014 and last amended vide
number G.S.R.113 dated the 11th February, 2021.
You can access the Notification in https://egazette.nic.in/WriteReadData/2022/235529.pdf
For more details you can contact us
email: dcsadvisors@gmail.com
Mobile: 9019421726