TMI BlogForm of application for approval of the Central Government for acquisition of sharesX X X X Extracts X X X X X X X X Extracts X X X X ..... stered Office of the company whose shares are proposed to be acquired. 5. Whether the applicant is dominant undertaking under section 2(d) of the Monopolies and Restrictive Trade Practices Act. 6. Whether the applicant is the owner in relation to a dominant undertaking or would be, as a result of such acquisition of shares, the owner of a dominant undertaking, as defined in section 2(d) of the Monopolies and Restrictive Trade Practices Act, 1969. If so, the particulars thereof. 7. Whether the company whose shares are proposed to be acquired is a dominant undertaking. 8. Names of the directors of the company whose shares are to be acquired. 9. Details of the proposed investment (a) Number and nominal value of shares propose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Percentage of ordinary shares 1. Financial institutions/Government companies/Corporations (by individual names) 2. Banks other than financial institutions 3. Non-residents 4. Bodies corporate inter-connected with the applicant company 5. Other bodies corporate 6. Directors 7. Central Government or State Government 8. Others. 14. Pattern of shareholding as at present and after acquisition of shares in the company whose shares are to be acquired. Sl.No. Name No. of equity shares held (existing/after) Percentage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acquired. 17. (a) Details of funds available out of which the shares are proposed to be acquired. (In case, the applicant is a company, cash flow statement for five years including the year in which transfer is proposed shall be attached). (b) If any part of the amount to be invested is to be financed by borrowing, the amount of loan and sources of finance with terms regarding repayment, interest, security, etc., to be stated. 18. (a) Whether the provisions of sub-section (4) of section 372 of the Act or the provisions of any other law are applicable in respect of the above transaction. If so, whether they have been complied with. Please give particulars. (b) Whether the approval under the Foreign Exchange Regulation A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication is incomplete in any respect, the deficiency will be pointed out to the applicant and the period of 60 days mentioned in section 108E of the Act will count from the date from which such deficiency is set right. (b) The application form together with the enclosures shall be furnished in triplicate. (c) The information in respect of items 9(h), 9(i), 10(a), 10(b), 17(a) and 17(b) need not be furnished if the nominal value of the shares proposed to be acquired is less than Rs. 10,000. Annexure I Break-up value of shares as per the latest balance sheet Paid-up capital Add : Reserves and surplus: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A3 Less: ( i ) Dividends on investments (other than trade investments) ( ii ) Interest on Government securities ( iii ) Profit on sale of fixed assets/investments and other non-business profits B: B1 B2 B3 Pre-tax profit: C = (A B) C1 C2 C3 *Average yearly pre-tax profit: (C1 + C2 + C3) = 1/3rd C Less: Estimated tax liability @ 60% =T Average net profits after taxation (C-T) = D Capitalising 'D' at 15% return: ..... X X X X Extracts X X X X X X X X Extracts X X X X
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