The Companies (Prospectus and Allotment of Securities) AmendmentRules, 2022

MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 5th May, 2022

G.S.R. 338(E).—In exercise of the powers conferred by section 42 read with sub-sections (1) and
(2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the
following rules further to amend the Companies (Prospectus and Allotment of Securities) Rules, 2014,
namely:-
1. (1) These rules may be called the Companies (Prospectus and Allotment of Securities) Amendment
Rules, 2022.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. In the Companies (Prospectus and Allotment of Securities) Rules, 2014, ―
(i) in rule 14, in sub-rule (1), after the fourth proviso, the following proviso shall be inserted, namely :-
“Provided also that no offer or invitation of any securities under this rule shall be made to a body
corporate incorporated in, or a national of, a country which shares a land border with India, unless
such body corporate or the national, as the case may be, have obtained Government approval under
the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 and attached the same
with the private placement offer cum application letter.”.
(ii) in Annexure, in Form PAS-4, in Part-B, after serial number (vii), the following shall be inserted,
namely :-
“(viii) Tick whichever is applicable:-
(a) The applicant is not required to obtain Government approval under the Foreign Exchange
Management (Non-debt Instruments) Rules, 2019 prior to subscription of shares.- ;
(b) The applicant is required to obtain Government approval under the Foreign Exchange
Management (Non-debt Instruments) Rules, 2019 prior to subscription of shares and the same
has been obtained, and is enclosed herewith.- . ”.

[F. No. 1/21/2013-CL-V]
MANOJ PANDEY, Jt. Secy.