New Page 2IPI 3
(Paragraph 11 E.3)
Application for permission underSection 31(1) of Foreign
Exchange Regulation Act, 1973 for sale of tea/coffee/
rubber estate in India
Instructions:
| Â | 1. | The application should be completed in triplicate and submitted directly to the Chief General Manager, Exchange Control Department (Foreign Investment Division), Reserve Bank of India, Central Office, Mumbai - 400 001. |
| Â | Â | Â |
| Â | 2. | A separate form should be used for each estate. |
Documentation:
| Â | 3. | Copies of the latest Balance Sheet and Profit & Loss Account statement of the Company. |
| Â | Â | Â |
| Â | 4. | A copy each of the Balance Sheet and Profit & Loss Account statement of the estate to be sold, for the last three years. |
| Â | Â | Â |
| Â | 5. | Certified copy of the draft sale deed/agreement for sale. |
| Â | Â | Â |
| Â | 6. | A detailed valuation report, in original, from a Government approved valuer (registered with the Government of India under Wealth Tax Act, Estate Duty Act etc.) or from a recognised private valuer (i.e., tea brokers in the case of sale of tea estates). |
| Â | Â | Â |
| Â | 7. | List giving the names and addresses of firms, companies and other institutions/bodies and number, face value and percentage of shares held by each of them in the company (individual holdings may be grouped together). |
| 1. | Full name and address of the applicant | Â | Â | Â |
| 2. | (a) | Name and address of the company owning the estate, if the company itself is not the applicant. | (a) | Â | Â |
| Â | (b) | Place where the company is incorporated. | (b) | Â | Â |
Â
Â
| Â | (c) | Shareholdings in the company | (c) | Â | Â |
| Â | Â | Equity | Preference |
| Â | Â | No. of shares | Face value | % | No. of shares | Face value | % |
| Â | Â | Â | Â | Â | Â | Â | Â | Â | Â |
| Â | Â | (i) | Non-resident | Â | Â | Â | Â | Â | Â |
| Â | Â | Â | Â | Â | Â | Â | Â | Â | Â |
| Â | Â | (ii) | Resident | Â | Â | Â | Â | Â | Â |
| Â | Â | Â | Â | Â | Â | Â | Â | Â | Â |
| Â | Â | Â | Total | Â | Â | Â | Â | Â | Â |
| 3. | (a) | Name/Description of the estate to be sold | (a) | Â | Â |
| Â | (b) | Place where it is located | (b) | Â | Â |
| Â | (c) | Since when the estate is being held by the company referred to in column (2) | (c) | Â | Â |
| Â | (d) | Whether the estate has been declared to the Reserve Bank under Section 31 (4) of FERA, 1973; if so, give - | (d) | Â | Â |
| Â | Â | (i) | Date of relative declaration | Â | (i) | Â |
| Â | Â | (ii) | Particulars of the Reserve Banks holding licence | Â | (ii) | Â |
| Â | (e) | Number and date of the Reserve Banks approval obtained, if any, by the said company under Section 29 of FERA 1973 for carrying on in India the tea/coffee/rubber plantation activity | (e) | Â | Â |
| 4. | (a) | Name and address of the purchaser of the estate | (a) | Â | Â |
| Â | (b) | Nature of business or occupation of the purchaser | (b) | Â | Â |
| Â | (c) | Whether the purchaser holds any shares in the company selling the estate. If so, please state - | (c) | Â | Â |
| Â | Â | (i) | Number and face value of shares held | Â | (i) | Â |
| Â | Â | (ii) | Percentage of purchasers share holdings | Â | (ii) | Â |
| 5. | (a) | Amount of sale price of the estate | (a) | Â | Â |
| Â | (b) | How the sale proceeds will be disposed of i.e., whether the amount will be remitted outside India or utilised in India; if the latter, the purpose for which the proceeds are to be used | (b) | Â | Â |
| Â | (c) | Reason/s for selling the estate | (c) | Â | Â |
Â
Â
| 6. | (a) | Details of profit remittance/s made during each of the last three years out of the estates earnings in India giving numbers and dates of the Reserve Banks relative approvals | (a) | Â | Â |
| Â | (b) | Whether any other remittances have been made outside India on account of the estate during the above period; if so, give details thereof with particulars of the Reserve Banks approvals | (b) | Â | Â |
| 7. | (a) | Particulars of the estates borrowings in India as on the date of the application | (a) | Â | Â |
| Â | Â | (i) | From banks | Â | (i) | Â |
| Â | Â | (ii) | Other sources | Â | (ii) | Â |
| Â | (b) | Liabilities of the estate outstanding on the date of the application on account of - | (b) | Â | Â |
| Â | Â | (i) | Indian taxes | Â | (i) | Â |
| Â | Â | (ii) | Employees of the estate (such as, towards gratuity, pension etc.) | Â | (ii) | Â |
| Â | (c) | Whether the seller will be responsible for meeting any liability/ies of the estate after the sale is effected. If so, please give details thereof stating the source of funds from which the payment/s will be made, i.e., whether out of the sale proceeds of the estate or otherwise | (c) | Â | Â |
| 8. | Â | Particulars of planted area, production and productivity of the estate, income from sale, fixed assets under sale etc., should be furnished in form IPI 4 | Â | Â | Â |
| 9. | Â | Any other information/documents which applicant wishes to furnish in support of the application | Â | Â | Â |
| Â | I/We hereby declare that the particulars given above are true and correct to the best |
| of my/our knowledge and belief. |
Â
Â
| Encls. : | Â | Â | Â | Â | Â |
| Â | Â | Â | Â | Â | (Signature of Applicant/Authorised Official) |
| Place: | Â | Â | Â | Â | Name: | Â |
| Date : | Â | Â | Stamp | Â | Designation: | Â |