Eximkey - India Export Import Policy 2004 2013 Exim Policy

OAC 1

[Paragraph 10 C.3(i)and 10C.24(iv)]

 

Proforma of Overseas Auditor/Chartered Accountant/ Certified Public Accountants Certificate

 

(To be completed in cases where the predominant ownership/beneficial interest in the applicant company/society/partnership firm/trust is not directly with individuals of Indian nationality/ origin resident outside India, but through other overseas body/ies which is/are ultimately owned by such persons.)

Part -

I

 

 

(a)

Name of the applicant company/society/partnership firm/trust

 

 

 

 

(b)

Address

 

 

 

 

(c)

Place of incoporation/registration

 

 

 

 

(d)

Date of incoporation/registration

 

 

 

 

 

(e)

(i)

Total issued and paid-up capital (in the case of company/society)

 

 

 

 

 

 

(ii)

Total capital of partners (in the case of partnership firm)

 

 

 

 

 

 

(iii)

Brief details of corpus (in the case of trust)

 

 

 

 

 

(f)

Percentage of ownership/beneficial interest held in the applicant company/society/ partnership firm/trust by individuals of Indian nationality/origin resident outside India -

 

 

 

 

 

 

(i)

Indirectly, i.e. through other overseas body/ies

 

 

 

 

 

 

 

 

(ii)

Directly (if any)

...

...

 

 

 

 

 

 

 

 

 

 

 

Total percentage

...

...

 

 

 

Part -

II -

Details of the intermediary overseas body/ies

(Position as on...........)

Name of the

Incorporation/

Name of the

Company/Society

 

Partnership firm

 

Trust

intermediary

registration

company/

Paid-up

Percentage

 

Capital

Profit

 

Extent/

company/

Place/Date

society/

value of

holding

 

owned

sharing

 

percentage

partnership

(a)

(b)

partnership

shares

 

 

 

ratio

 

of bene-

firm/ society/

 

 

firm/ trust in

held

 

 

 

 

 

ficial

trust

 

 

which

 

 

 

 

 

 

interest in

 

 

 

shares/

 

 

 

 

 

 

the corpus

 

 

 

partnership/

 

 

 

 

 

 

 

 

 

 

beneficial

 

 

 

 

 

 

 

 

 

 

interest held

 

 

 

 

 

 

 

 

 

 

by overseas

 

 

 

 

 

 

 

 

 

 

body in

 

 

 

 

 

 

 

 

 

 

column (1)

 

 

 

 

 

 

 

(1)

(2)

(3)

(4)

(5)

 

(6)

(7)

 

(8)

Part -

III

Details of individuals of Indian nationality/origin resident outside India who own the applicant company/society/partnership firm/trust indirectly i.e. through the intermediary body/ies mentioned in column(1) of Part II.

 

 

(Position as on ...........)

Names of

Country

Natio-

Name of the

Place

Company/Society

 

Partnership firm

 

Trust

Individuals

Resi-

nality

company/

of

Paid-up

Percentage

 

Capital

Profit

 

Extent/

of Indian

dence

 

society/

incor-

value of

holding

 

owned

sharing

 

percentage

nationality/

 

 

partnership

porati-

shares

 

 

 

ratio

 

of bene-

origin

 

 

firm/ trust

on

held

 

 

 

 

 

ficial

 

 

 

in which

regis-

 

 

 

 

 

 

interest in

 

 

 

shares/

tration

 

 

 

 

 

 

the corpus

 

 

 

partnership/

 

 

 

 

 

 

 

 

 

 

 

beneficial

 

 

 

 

 

 

 

 

 

 

 

interest held

 

 

 

 

 

 

 

 

(1)

(2)

(3)

(4)

(5)

(6)

(7)

 

(8)

(9)

 

(10)

 

I/We hereby certify that I/We have verified the register/s of shareholders or members/

partnership deed(s)/trust deed(s) and the relevant books and records of ......................................... (name of the applicant company/society/partnership firm/trust and the name/s of intermediary body/ies through which the ultimate shareholding/beneficial interest is held by individuals of Indian nationality/origin resident outside India) and that the information and particulars given hereinabove are in accordance with such books and records maintained by them and are true and correct to the best of my/our knowledge and belief.

 

 

 

I/We also certify that the ultimate ownership interest of individuals of Indian nationality/

origin resident outside India in the abovementioned applicant company/society/firm is.............................per cent of total ownership interest as on .............................(date).

 

 

 

I/We further certify that the ownership interest held by persons of Indian nationality/

origin in the OCB is actually held by such persons and is not held by them in the capacity as nominees.

 

 

Note:

In the case of trust, the certificate should indicate the extent/percentage of beneficial interest in the trust ultimately held irrevocably by individuals of Indian nationality/origin resident outside India.

Place:..............

 

 

 

 

 

 

Stamp

 

(Signature of Auditor/ Chartered Accountant

Date :..............

 

 

 

/Certified Public Accountant)

 

 

 

 

 

 

 

 

 

Name :............................................................

 

 

 

 

Address:.........................................................

 

 

 

 

Registration No..............................................

NOTES:

(i)

Please strike out whichever is not applicable.

 

 

 

 

(ii)

For the purpose of this certificate, a person (not being a citizen of Pakistan or Bangladesh) shall be deemed to be of Indian origin, if - (i) he, at any time, held Indian passport, or (ii) he or either of his parents or any of his grand parents was a citizen of India by virtue of the Constitution of India or Citizenzhip Act, 1955 (57 of 1955). A spouse (not being a citizen of Pakistan or Bangladesh) of an Indian citizen or of a person of Indian origin is also deemed to be a person of Indian origin.

 

 

 

 

(iii)

Where the ownership/beneficial interest of each person mentioned in column (1) of Part III above is less than 10% owner/beneficiary-wise particulars as per columns (1), (2),(3), (6),(7),(8),(9) and (10) of Part III of the above statement need not be furnished. It would be sufficient if in such cases aggregate figures are given in the relevant columns under the broad sub-heading "Other individuals of Indian nationality/origin resident outside India."

 

 

 

 

(iv)

Ownership interest in the case of a partnership firm will be determined on the basis of profit sharing ratio of partners of the firm.

 

 

 

(v)

If (illustratively) the ownership/beneficial interest in the applicant overseas body X is held by individuals of Indian nationality/origin resident outside India through overseas bodies Y and Z,Z body being directly owned by such persons, please state first the names of the bodies Y and X in columns (1) and (3) respectively, of Part II of the statement. The names of bodies Z and Y may be given in columns (1) and (3) respectively of Part II thereafter.

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