Sale / Transfer of Securities by NRIs

  1. Is permission of Reserve Bank required for sale/transfer of Government securities/units?
  1. Is permission of Reserve Bank required by NRIs for sale/transfer of shares/debentures of Indian companies to other NRIs?
  1. Can NRIs transfer/sell their shares/ debentures/bonds held on non-repatriation basis to residents freely?
  1. What is the procedure for sale/transfer of shares/debentures/bonds held by NRIs with repatriation benefits?
  1. What is the procedure to be followed by NRIs for sale/transfer of shares /debentures to residents by private arrangements?
  1. Can shares/debentures be given away as gifts to relatives?

 

Ans.I

No. Authorized dealers have been permitted to undertake sale of Government securities/units on behalf of NRIs without prior approval of Reserve Bank. Sale/maturity proceeds can be remitted abroad if the original investment was made out of funds remitted from abroad or funds in NRE/FCNR accounts. Otherwise, they will have to be credited to NRO account of the holder.

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Ans.II

No. Transfer of shares/debentures of Indian companies by NRIs to other non-residents does not require permission of Reserve Bank. However, the transferee NRI would need permission for purchase of such shares for which an application is required to be made to Reserve Bank in form FNC 7.

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Ans.III

Yes. General exemption has been granted by Reserve Bank for transfer/sale of shares/debentures/bonds by NRIs/OCBs through stock exchanges if such transfers are made in favor of an Indian citizen or a person of Indian origin or a company incorporated in India and sale proceeds thereof are credited to NRO account.

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Ans.IV

In the case of shares /debentures /bonds acquired by NRIs through stock exchanges under the Portfolio Investment Scheme, general exemption has been granted for transfer through stock exchanges provided the sale is arranged through the same designated branch through whom they were purchased. In other cases, applications for necessary permission is required to be made to Reserve Bank in form TS 4.

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Ans.V

NRIs are required to submit application in form TS 1 to Reserve Bank for sale of shares/debentures by private arrangements.

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Ans.VI

Yes Reserve Bank has granted general permission to NRIs to transfer, by way of gift, shares, bonds and debentures of Indian companies held by them with Reserve Bank's permission to their resident close relative/s.

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