Subsequent to this, MCA vide its notification dated May 05, 2022 bearing no G.S.R. 338(E) amended the following

Subsequent to this, MCA vide its notification dated May 05, 2022 bearing no G.S.R. 338(E) amended the following
  • Rule 14, sub-rule (1) of the Companies (Prospectus and Allotment of Securities) Rules, 2014 and after the fourth proviso, inserted a proviso namely :
  • “Provided also that no offer or invitation of any securities under this rule  shall be made to a body corporate incorporated in, or a national of, a country which shares a land border with India, unless such body corporate or the national, as the case may be, have obtained Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 and attached the same with the private placement offer cum application letter.”
  • Form PAS-4, wherein Part-B, after serial number (vii) the following was inserted :
  • “(viii) Tick whichever is applicable:-
     (a) The applicant is not required to obtain Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 prior to subscription of shares.-
  • (b) The applicant is required to obtain Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 prior to subscription of shares and the same has been obtained, and is enclosed herewith.- .”
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