Transfer of Shares to a Non-Resident: FEMA Pricing & Compliance
Any transfer of shares between a resident and a non-resident in India is governed by FEMA. Get the pricing or reporting wrong and penalties can be steep.
Pricing Guidelines
The transfer price must respect FEMA limits — a resident selling to a non-resident cannot price below fair value; a non-resident selling to a resident cannot price above fair value. A registered valuer's report supports the price.
Form FC-TRS
The transfer must be reported to the RBI in Form FC-TRS within 60 days of the transaction, filed through the AD bank on the FIRMS portal.
Documentation
- Share transfer deed and consideration proof.
- Valuation certificate.
- KYC of the non-resident.
Statura manages share transfers, valuations and FEMA reporting for cross-border deals.