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Valuation is when the company shares/ debentures are measured on the basis of the fair and actual value received from them. Under the Foreign Exchange Management Act, 1999 (FEMA) valuation can be done by a SEBI registered merchant banker or a chartered accountant. The international method of valuation is called the Discounted Cash Flow Model (DCF). Through the process of share valuation/business valuation, a person who is resident outside India who has acquired a capital instrument of an Indian company or a person resident in India transfers the instrument or vice versa. The valuation is done according to the prescribed guidelines of pricing.
Valuation is the process of accessing the actual/ fair market price of the shares/ debentures or the capital instrument. Valuation is carried out as the prices of shares/ debentures keep fluctuating. Therefore to access the value of the instrument, valuation is carried out. This is required to find out the price of the instrument when it is transferred. Valuation of the instrument is carried out for the following:
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Business valuation/ Share Valuation is required when a capital instrument is transferred. The transfer of capital instrument is regulated by the laws related to FEMA. The FEMA (Transfer or Issue of Security by a person resident outside India) regulations 2017 govern the law related to valuation. The transfer by way of sale shall be done through the principle that is adopted as arm’s length price. This would be accepted according to an international methodology.
The following authority and laws regulate the valuation process:
Also, Read: Methods of Business Valuation in India.
Under the Companies Act 2013 the following documents are required:
Varun Hariharan has completed the Legal Practice Course from BPP Law School, Manchester. He has a Masters in Commercial and Corporate Law from the Queen Mary University of London and LLB Honours from Bangor University, UK. He specialises in law related to corporate, artificial intelligence and technology law.
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