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[Paragraph 10 C.3(i)and 10C.24(iv)]
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Proforma of Overseas Auditor/Chartered Accountant/
Certified Public Accountant's Certificate
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(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.)
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(a)
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Name of the applicant company/society/partnership firm/trust
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(b)
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Address
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(c)
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Place of incoporation/registration
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(d)
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Date of incoporation/registration
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(e)
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(i)
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Total issued and paid-up capital (in the case of company/society)
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(ii)
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Total capital of partners (in the case of partnership firm)
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(iii)
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Brief details of corpus (in the case of trust)
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(f)
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Percentage of ownership/beneficial interest held in the applicant
company/society/ partnership firm/trust by individuals of Indian
nationality/origin resident outside India -
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(i)
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Indirectly, i.e. through other overseas body/ies
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(ii)
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Directly (if any)
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...
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Total percentage
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...
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...
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Part -
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II -
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Details of the intermediary overseas body/ies
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(Position as on...........)
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Name of the
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Incorporation/
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Name of the
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Company/Society
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Partnership firm
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Trust
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intermediary
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registration
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company/
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Paid-up
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Percentage
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Capital
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Profit
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Extent/
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company/
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Place/Date
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society/
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value of
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holding
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owned
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sharing
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percentage
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partnership
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(a)
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(b)
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partnership
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shares
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ratio
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of bene-
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firm/ society/
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firm/ trust in
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held
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ficial
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trust
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which
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interest in
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shares/
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the corpus
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partnership/
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beneficial
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interest held
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by overseas
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body in
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column (1)
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(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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(7)
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(8)
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Part -
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III
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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.
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(Position as on ...........)
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Names of
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Country
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Natio-
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Name of the
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Place
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Company/Society
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Partnership firm
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Trust
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Individuals
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Resi-
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nality
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company/
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of
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Paid-up
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Percentage
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Capital
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Profit
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Extent/
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of Indian
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dence
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society/
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incor-
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value of
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holding
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owned
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sharing
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percentage
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nationality/
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partnership
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porati-
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shares
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ratio
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of bene-
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origin
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firm/ trust
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on
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held
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ficial
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in which
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regis-
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interest in
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shares/
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tration
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the corpus
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partnership/
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beneficial
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interest held
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(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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(7)
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(8)
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(9)
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(10)
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I/We hereby certify that I/We have verified the register/s of shareholders
or members/
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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.
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I/We also certify that the ultimate ownership interest of individuals
of Indian nationality/
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origin resident outside India in the abovementioned applicant company/society/firm
is.............................per cent of total ownership interest
as on .............................(date).
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I/We further certify that the ownership interest held by persons
of Indian nationality/
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origin in the OCB is actually held by such persons and is not held
by them in the capacity as nominees.
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Note:
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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.
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Place:..............
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Stamp
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(Signature of Auditor/ Chartered Accountant
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Date :..............
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/Certified Public Accountant)
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Name :............................................................
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Address:.........................................................
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Registration No..............................................
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NOTES:
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(i)
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Please strike out whichever is not applicable.
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(ii)
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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.
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(iii)
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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."
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(iv)
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Ownership interest in the case of a partnership firm will be determined
on the basis of profit sharing ratio of partners of the firm.
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(v)
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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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