ROHIT SINGH
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veeru
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i. the sale is effected through a stock exchange where the shares of the overseas JV/ WOS are listed;
ii. if the shares are not listed on the stock exchange and the shares are disinvested by a private arrangement, the share price is
not less than the value certified by a Chartered Accountant / Certified Public Accountant as the fair value of the shares based
on the latest audited financial statements of the JV / WOS;
iii. the Indian Party does not have any outstanding dues by way of dividend, technical know-how fees, royalty, consultancy,
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ARJUN PRATAP SINGH
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Dear Friend,
as far as your query is concerned that Can an Indian Party disinvest from JV / WOS without write off?
Let me informed that Yes. The Indian Party may disinvest without write off under the automatic route subject to the following:
i. the sale is effected through a stock exchange where the shares of the overseas JV/ WOS are listed;
ii. if the shares are not listed on the stock exchange and the shares are disinvested by a private arrangement, the share price is
not less than the value certified by a Chartered Accountant / Certified Public Accountant as the fair value of the shares based
on the latest audited financial statements of the JV / WOS;
iii. the Indian Party does not have any outstanding dues by way of dividend, technical know-how fees, royalty, consultancy,
commission or other entitlements and / or export proceeds from the JV or WOS;
iv. the overseas concern has been in operation for at least one full year and the Annual Performance Report together with the
audited accounts for that year has been submitted to the Reserve Bank;
v. the Indian party is not under investigation by CBI / DoE/ SEBI / IRDA or any other regulatory authority in India; and
vi. Other terms and conditions prescribed under Regulation 16 of the Notification ibid.
Hope answer was helpful to you
Regards,
Arjun Pratap Singh
