Master Direction – Reporting under Foreign Exchange Management Act, 1999 ( Updated as on April 01, 2026 )
In force — no superseding record on file.
FED Master Direction No.18/2015-16
January 1, 2016
(Updated as on April 01, 2026*)
(Updated as on March 30, 2026*)
(Updated as on February 18, 2026*)
(Updated as on January 12, 2026*)
(Updated as on December 03, 2025*)
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(Updated as on May 12, 2023*)
(Updated as on September 30, 2022*)
(Updated as on August 22, 2022*)
(Updated as on June 09, 2022*)
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(Updated as on September 18, 2019*)
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To,
All Authorised Persons
Madam/ Sir,
Master Direction – Reporting under Foreign Exchange Management Act, 1999
Foreign Exchange Management Act, 1999 (FEMA) is administered through the
To,
All Authorised Persons
Madam/ Sir,
Master Direction – Reporting under Foreign Exchange Management Act, 1999
Foreign Exchange Management Act, 1999 (FEMA) is administered through the authorised persons and is based on the declarations and averments made to them by persons while undertaking the transactions. The Reserve Bank, therefore, has prescribed various reports and forms under FEMA to be submitted by/ through Authorised Persons/ Authorised Dealer Category – I Banks/ Authorised Banks. Accurate compilations and timely submission of these reports are of critical importance as they not only act as a supervisory tool but also help in fine-tuning the policies relating to foreign exchange transactions regulated under FEMA.
RBI/FED/2015-16/13
The various reports/ forms required to be submitted under FEMA are
consolidated under this Master Direction.
3.
The Master Direction will be updated from time to time as and when fresh
instructions are issued.
Yours faithfully,
(Dr. Aditya Gaiha) Chief General Manager-in-Charge
- Since this Master Direction has been significantly amended, it has been replaced rather than showing the changes in track mode for reader convenience.
a) Chief General Manager-in-Charge
- Since this Master Direction has been significantly amended, it has been replaced rather than showing the changes in track mode for reader convenience.
3
Part Subject Page No Part I: Remittance Facilities
Money changing Activity
04-22
2)
Money Transfer Service Scheme (MTSS)
23-28
3)
Rupee Drawing Arrangements (RDA)
29-41
Part II:
Liberalised Remittance Scheme (LRS)
42-43 Part III: LO/BO/PO
44-49 Part IV: Foreign Investment
50-61 Part V: Borrowing and Lending
62-68 Part VI: Non-Resident Foreign Accounts
69-73 Part VII: Immovable Property
74-76 Part VIII: Overseas Direct Investment
77-105 Part IX: Trade
Exports
106-117 2) Imports
118-123
Part X
Guarantees
124-128
Part XI
Compounding
129-135
Part XII
Licensing
of
NBFCs
as
Authorised
Dealer
Category-II under section 10(1) of FEMA 1999
136-138
Part XIII
Late Submission Fee (LSF) Matrix for Reporting
Delays, wherever applicable
139-141
Licensing
of
NBFCs
as
Authorised
Dealer
Category-II under section 10(1) of FEMA 1999
136-138
Part XIII
Late Submission Fee (LSF) Matrix for Reporting
Delays, wherever applicable
139-141
4
Part I: Remittance Facilities
1)
Money Changing Activity
Authorised Money Changers (AMCs) are entities, authorised by the Reserve Bank under
Section 10 of the Foreign Exchange Management Act, 1999. An AMC is a Full-Fledged
Money Changer (FFMC). In addition to Authorised Dealer Category -I Banks (AD Category–
I Banks) and Authorised Dealers Category - II (ADs Category–II), Full Fledged Money
Changers (FFMCs) are also authorised by the Reserve Bank to deal in foreign exchange
for specified purposes in order to widen the access of foreign exchange facilities to residents
and tourists and ensuring efficient customer service through competition. FFMCs are
authorised (a) to purchase foreign exchange from non-residents visiting India and residents;
and (b) to sell foreign exchange for certain approved purposes. AD Category –I Banks / ADs
Category – II / FFMCs may appoint franchisees to undertake purchase of foreign currency.
Prescribed Forms/ Returns:
(a) Application Form for FFMC licence under section 10(1) of FEMA, 1999 (Annex I)
(b) The Reserve Bank permits AD Category – I Banks, ADs Category - II and FFMCs to
enter into [franchisee (also referred as agency)] agreements at their option for the
purpose of carrying on Restricted Money Changing (RMC) business i.e. conversion of
foreign currency notes, coins or travellers' cheques into Indian Rupees.
ency)] agreements at their option for the
purpose of carrying on Restricted Money Changing (RMC) business i.e. conversion of
foreign currency notes, coins or travellers' cheques into Indian Rupees. They are
required to obtain information from the franchisee in Form RMC-F (Annex II), scrutinise
the same and keep it on record.
(c) Registers in respect of the money-changing transactions to be maintained by AMCs:
(i)
Daily Summary and Balance Book (Foreign currency notes / coins) in form
FLM 1 (Annex-III).
(ii)
Daily Summary and Balance Book (Travellers’ cheques) in form FLM 2
(Annex-IV).
(iii)
Register of purchases of foreign currencies from the public in form FLM 3
(Annex-V).
(iv)
Register of purchases of foreign currency notes / coins from authorized
dealers and authorized money changers in form FLM 4 (Annex-VI).
(v)
Register of sales of foreign currency notes / coins and foreign currency
travellers’ cheques to the public in form FLM 5 (Annex-VII).
and authorized money changers in form FLM 4 (Annex-VI).
(v)
Register of sales of foreign currency notes / coins and foreign currency
travellers’ cheques to the public in form FLM 5 (Annex-VII).
5
(vi)
Register of sales of foreign currency notes / coins to authorized dealers / Full
Fledged Money Changers / overseas banks in form FLM 6 (Annex-VIII).
(vii) Register of travellers’ cheques surrendered to authorized dealers / authorized
money changers / exported in form FLM 7 (Annex-IX).
(viii) FLM 8 (Annex-X).
(ix)
1
(x)
Quarterly Statement showing summation of Foreign Currency Account
opened in India out of export proceeds of Foreign Currency Notes/ encashed
Travellers’ Cheques (Annex XII).
(xi)
Annual Statement of the amount of foreign currency written off during a
financial year (Annex XIII).
(xii) Proforma giving Information about New Directors/ Change of Directors of the
FFMC / non-bank AD Category – II (Annex XIV).
1 Deleted vide AP (DIR Series) Circular No.05 dated November 13, 2020. Prior to deletion, it read ‘Monthly Statement of Purchase transactions of USD 10,000 and above (Annex XI)’
XIV).
1 Deleted vide AP (DIR Series) Circular No.05 dated November 13, 2020. Prior to deletion, it read ‘Monthly Statement of Purchase transactions of USD 10,000 and above (Annex XI)’
6
Part I: Annex-I
Application Form for FFMC licence under section 10(1) of FEMA, 1999
Full name of the applicant
Address in full
Name of location/s to where the applicant proposes to conduct Money Changing Business (Please enclose copies of the Licences under Shops and Establishment Act)
(a)
Date of establishment of the company
(b)
Name/s and address/es of the
Directors of the company
Copy of the Certificate of Registration
(Certificate of Incorporation & Certificate of
Commencement of Business) of the
company
Copy of Memorandum of Association together with a letter indicating the clause which provides for taking up money changer's business.
Confidential report from the applicant's bank/s in CIR format.
Net Owned Funds
A copy of the latest Audited Balance Sheet
of the applicant company together with a
certificate from their Statutory Auditors
certifying their Net Owned Funds as on the
date of application and calculation thereof is
to be enclosed.
Declaration to the effect that the company or any of its directors are not under investigation/adjudication of any law enforcing agencies, such as DoE/DRI and also that no criminal proceedings filed by Crime Investigation Agencies are pending against the company or any of its directors.
ion of any law enforcing agencies, such as DoE/DRI and also that no criminal proceedings filed by Crime Investigation Agencies are pending against the company or any of its directors.
Undertaking to post competent staff to handle the money changer's business.
Name, designation of persons authorised to deal in foreign exchange.
A brief write up of the activities of the applicant/nature of business.
Whether the applicant had applied earlier for FFMC / RMC licence. If so, the particulars thereof.
7
Any other particulars / special reasons the applicant may wish to state in support of the application.
We undertake that in the conduct of money changing business, we shall at all times abide by the rules/ regulations/ orders/ directions/ notifications which Reserve Bank may from time to time issue in this behalf.
Place:
Date:
Signature of the applicant with seal
Enclosures:
- Bankers' confidential Report
- Attested copies of audited accounts for the past 3 years.
Note: Single branch FFMCs shall have Net Owned Funds not less than Rs.25 lakh while FFMCs intending to operate through more than one branch will have to maintain Net Owned Funds not less than Rs.50 lakh.
ingle branch FFMCs shall have Net Owned Funds not less than Rs.25 lakh while FFMCs intending to operate through more than one branch will have to maintain Net Owned Funds not less than Rs.50 lakh.
8
Part I: Annex-II
Form RMC-F
Name of the AD/ FFMC
Name and address of the franchisee
Details of locations
(i)
(ii)
(iii)
Etc.
Existing business activity of the franchisee
Net Owned Funds
Shop & Establishment/ other applicable municipal certification in favour of the franchisee
Conduct certificate of the franchisee from the local police authorities. (certified copy of Memorandum and Articles of Association and Certificate of Incorporation in respect of incorporated entities)
Declaration regarding past criminal case, if any, cases initiated/ pending against the franchisee or its directors/ partners by any law enforcing agency, if any
PAN Numbers of the franchisee and its directors/ partners
Arrangements in place to surrender the foreign exchange
- AML, Reporting, Audit and Inspection arrangements
We declare that while selecting the franchisees adequate due diligence has been carried out and that such entities have undertaken to comply with all the provisions of the franchising agreement/prevailing RBI regulations regarding money changing.
Place:
Date:
Name: __________________________
Designation: _____________________
RBI regulations regarding money changing.
Place:
Date:
Name: __________________________
Designation: _____________________
9
Part I: Annex-III
FLM 1
Daily Summary and Balance Book
(Foreign Currency notes/coins)
Date: _________________
Pound
Sterling
U.S.
Dollar
Euro
Yen
Other
(Pl. specify)
I.
Opening Balance
II. Add: Purchases
(i) Purchases from the public (ii) Purchases from authorized dealers, money- changers and franchisees (iii) Import from abroad for replenishment of stock
Total purchases
Total (I + II)
III. Less Sales:
(i) Sales to public
(ii) Sales to authorized dealers/full-
fledged money changers
(iii) Despatched abroad for
realization
Total Sales
IV.
Closing Balance
(I + II - III)
N.B: In cases where forged notes etc. are detected, the closing balance may be adjusted with remarks indicating the amount and the reasons for writing off.
Date:
Name: __________________________
Designation: _____________________
ay be adjusted with remarks indicating the amount and the reasons for writing off.
Date:
Name: __________________________
Designation: _____________________
10
Part I: Annex-IV
FLM 2
Daily Summary and Balance Book
(Travellers’ cheques)
Date: _______________
Pound
Sterling
U.S.
Dollar
Euro
Yen
Other
(Pl. specify)
I.
Opening Balance
II.
Add: 1) Purchases from the
Public
2) Purchases from
others (including fresh
stock received)
Total (I + II)
III.
Less :1) Sales to public
2) Surrender to
ADs/FFMCs
3) Exports
IV.
Closing Balance
(I + II - III)
Pre-paid cards sold:
No.
Amount.
Date:
Name: __________________________
Designation: ______________________
Note: - Stock register of blank travellers’ cheques/ smart cards in various denominations obtained from authorized dealers/ TC issuers/ other agencies for sale to travellers under Basic Travel Quota or for business visit should be maintained and balanced on a daily basis.
denominations obtained from authorized dealers/ TC issuers/ other agencies for sale to travellers under Basic Travel Quota or for business visit should be maintained and balanced on a daily basis.
11
Part I: Annex-V
FLM 3
Register of purchases of foreign currencies from the public
Date
Sl.
No.
Name of
the
tenderer
Nationality
&
Full
Address
Details of
Identification
documents
Pound
Sterling
U.S.
Dollar
Euro
Japanese
Yen
Others
(Pl.
specify)
Rate
Rupee
Equivalent
Encashment
certificate
No. and date
Remarks
9.
10.
11.
12.
13.
14.
NOTES:(1) If the money-changer is dealing in a large number of currencies, two or more
registers currency-wise or otherwise may be maintained, as convenient.
(2)
If traveller cheques are purchased, the prefix, "TC" may be indicated in the amount
column.
(3)
If more than one currency is purchased from the same tenderer, separate entries may
be made.
Date:
Name: __________________________
Designation: _____________________
is purchased from the same tenderer, separate entries may be made.
Date:
Name: __________________________
Designation: _____________________
12
Part I: Annex-VI
FLM 4
Register of purchases of foreign currency notes/ coins from Authorised dealers and authorised money-changers
Date
Sl.
No.
Name and
address of the
authorised
dealer/
authorised
money-changers
from whom
purchased
Currency
Amount
Rate
Rupee
equivalent
Remarks
1.
2.
3.
4.
5.
6.
7.
8.
Date:
Name: _______________________________
Designation: __________________________
13
Part I: Annex-VII
FLM 5
Register of sales of foreign currencies to the public
Date
Sl
No
Name of
the
tenderer
Nationality
&
Full Address
Details of
Identification
Document
Name of the
sponsoring
Organisation
Country/
ies
of visit
Purpose
of visit
Duration
of stay
abroad (No.
of days)
1
2
3
4
5
6
7
8
9
Particulars of foreign currency
notes/ coins/ TCs/ pre-paid cards
Rate
Rupee
equivalent
Commission
charged, if
any
Total
amount
received
Cash
Memo
No.
Particulars of foreign currency
notes/ coins/ TCs/ pre-paid cards
Rate
Rupee
equivalent
Commission
charged, if
any
Total
amount
received
Cash
Memo
No. &
Date
Remarks
Name of
Currency
Amount
in
Notes/
coins
Amount in
TCs/
cards
By
Cash
By
Cheq
ue
10
11
12
13
14
15
16
17
18
19
NOTES: (1) If the money-changer is dealing in a large number of currencies, two or more
registers currency-wise or otherwise may be maintained, as convenient.
(2) If more than one currency is sold, separate entries may be made
(3) The columns 6 and 9 to be filled in case of release of exchange for business purpose
Date:
Name: _________________________
Designation: ____________________
14
Part I: Annex-VIII
FLM 6
Register of sales of foreign currency notes/coins to authorised dealers/ full- fledged money changers/overseas banks
Date
Sl.
No.
Name and
address of
the
authorised
dealer/ full
fledged
Money
changer/
overseas
bank to whom
sold
Currency
Amount
Rate
Rupee
Equivalent
received
Remarks
1.
2.
3.
4.
5.
6.
7.
8.
Note: - Necessary entries in the register should be made before the funds are taken out of the premises, not after delivery of funds.
Note: - Necessary entries in the register should be made before the funds are taken out of the premises, not after delivery of funds.
Date:
Name: _______________________________
Designation: ___________________________
15
Part I: Annex-IX
FLM 7
Register of travellers’ cheques surrendered to authorised dealers/authorised money changers/exported
Date
Sl.
No.
Name and address
of the Authorised
dealer/authorised
money changer/TC
issuer/authorised
agent to whom sold
Travellers
cheque
No.(s)
Amount
Rate
Rupee
Equivalent
received
Remarks
1.
2.
3.
4.
5.
6.
7.
8.
Date:
Name: __________________________
Designation: ______________________
16
Part I: Annex- X
FLM 8
(For FFMCs) Summary statement of purchases and sales of foreign currency notes during the month of __________20
Name and address RBI Licence No.________
of money changer
USD
GBP
EURO
JPY
Others
(Specify)
A. Opening balance
Purchases of foreign currency notes from
(a)
Public
(b)
RMCs/FFMCs/ADs including imports.
(c)
Agents/Franchisees
B.
EURO
JPY
Others
(Specify)
A. Opening balance
Purchases of foreign currency notes from
(a)
Public
(b)
RMCs/FFMCs/ADs including imports.
(c)
Agents/Franchisees
B. Total Purchases (a) + (b) + (c)
Sales of foreign currency notes under
(a)
BTQ
(b)
Business Visits
(c)
Sales to other FFMCs/ADs including
exports
C. Total Sales [ (a) + (b) + (c) ]
Closing balance (A+B - C)
We hereby certify that the statement is a true and correct account of all transactions undertaken during the month in accordance with the Foreign Exchange Regulations.
Place:
(Signature of Authorized Official)
Date:
Stamp
Name: ____________________
Designation: _______________
17
FLM 8 (For ADs Category-II) Summary statement of purchases and sales of foreign currency notes during the month of
Name and address RBI Licence No.________
of the Authorised
Dealer Category-II____________________
USD
GBP
EURO
JPY
Others
(Specify)
A. Opening balance
Purchases of foreign currency
notes from
(a) Public
(b) RMCs/FFMCs/ADs including imports.
(c) Agents/Franchisees
B.
O
JPY
Others
(Specify)
A. Opening balance
Purchases of foreign currency
notes from
(a) Public
(b) RMCs/FFMCs/ADs including imports.
(c) Agents/Franchisees
B. Total Purchases (a) + (b) + (c)
Sales of foreign currency notes
Under (with purpose codes)
(a) (i)
BTQ /(ii)
Private
Visits (S0302)
(b) (i) Business Visits/(ii) Business Travel (S0301)
(c) Remittance by tour operators / travel agents to overseas agents / principals / hotels(S0306)
(d) Film shooting(S1101)
(e) Medical
Treatment
abroad(S0304)
(f) Disbursement of crew wages(S1401)
(g) Overseas Education(S0305)
(h) (i)Fee for participation in global conferences and specialized training / (ii) Remittance for participation in international events / competitions (towards
18
training, sponsorship and prize money)/ (iii) Remittance under educational tie up arrangements with universities abroad/(iv) Remittance towards fees for examinations held in India and abroad and additional score sheets for GRE, TOEFL etc./ (v) Employment and processing, assessment fees for overseas job applications/(vi) Skills / credential assessment fees for intending migrants/(vii) Visa fees /(viii) Processing fees for registration of documents as required by the Portuguese / other Governments/ (ix) Registration / Subscription / Membership fees to International Organizations (S1102) (i) Emigration Fees (S1202) (j) Emigration Consultancy Fees (S1006) (k) Sales to other FFMCs/ADs
ix) Registration / Subscription / Membership fees to International Organizations (S1102) (i) Emigration Fees (S1202) (j) Emigration Consultancy Fees (S1006) (k) Sales to other FFMCs/ADs including exports
C. Total Sales [(a) + (b) + (c) + (d) +
(e) + (f) + (g) + (h)+ (i) + (j)+ (k)]
Closing balance (A+B - C)
We hereby certify that the statement is a true and correct account of all transactions undertaken during the month in accordance with the Foreign Exchange Regulations.
Place:
Date:
(Signature of Authorised Official)
Stamp
Name: __________________________
Designation: _____________________
19
2Part I: Annex- XI
2 Deleted vide AP (DIR Series) Circular No.05 dated November 13, 2020. Prior to deletion, it read as under: Statement of Purchase transactions of USD 10,000 and above for the month of Date of transaction Name and address of the person surrendering the foreign currency Amount
Currency/ TCs
Signature of Authorized Official with Seal
above for the month of Date of transaction Name and address of the person surrendering the foreign currency Amount
Currency/ TCs
Signature of Authorized Official with Seal
20
Part I: Annex- XII
Statement showing summation of Foreign Currency Account opened in India out of
export proceeds of Foreign Currency Notes/ encashed Travellers’ Cheques for the
quarter ended ___________
(Value in USD)
Opening
Balance in
the
Account
Value of
foreign
currency
notes/
encashed
TCs
exported
Amount
realized in
foreign
currency
Of Column
3 amount
credited to
Foreign
Currency
Account
Amount
remitted to TC
issuing
organization
from TCs sold/
Debited for
purchase of
foreign
currency notes
from ADs
Maximum
balance
maintained on
any day in the
foreign
currency
account
during the
quarter
Closing
balance in
the Foreign
Currency
Account
Remarks
1.
2.
3.
4.
5.
6.
7.
8.
Certified that the above particulars are correct as per our records.
Name and address of the AD Category - I
Signature of Authorized Official of
the AD Category - I with Seal
records.
Name and address of the AD Category - I
Signature of Authorized Official of
the AD Category - I with Seal
21
Part I: Annex- XIII
Statement of the amount of foreign currency written off during the financial year ended ______________
Name of the FFMC/ AD Category-II:
A. Total amount written-off (in equivalent USD):
B. Details of the amount written-off:
Sl. No.
Date of write-off
Amount of
foreign currency
(with currency-
wise break-up)
On account of *
Approved by
FFMC/AD
Category-II/
Reserve Bank
1.
2.
3.
4.
5.
Total:
- Please indicate whether on account of being found to be fake or forged/ theft/ lost in transit, etc.
Signature of Authorized Official with Seal
theft/ lost in transit, etc.
Signature of Authorized Official with Seal
22
Part I: Annex XIV Proforma
Information about New Directors / Change of Directors of the FFMC / non-bank AD Category – II
Name
:
2.
Designation
:
3.
Nationality
:
4.
Age
:
5.
Business Address
:
6.
Residential Address
:
7.
Educational / professional qualifications
:
8.
Line of business or vocation
:
9.
Name/s of other companies in which the person has held the post of
:
Chairman / Managing Director / Director / Chief Executive Officer
10.
(i) Whether associated as promoter, Managing Director, Chairman
:
or Director with any other FFMC / AD Category - II?
(ii) If yes, the name/s of the company/ies
:
11.
(i) Whether prosecuted/convicted for any economic offence either in
the individual capacity or as a partner / director of any firm / company
:
(ii) If yes, particulars thereof
:
12.
Experience in money changing business (number of years)
:
13.
Equity shareholding in the company
No. of shares
:
Face value
: Percentage to total equity share capital of the company
:
Signature: Name: Date: Designation: Place: (Chief Executive Officer)
Company:
:
Face value
: Percentage to total equity share capital of the company
:
Signature: Name: Date: Designation: Place: (Chief Executive Officer)
Company:
23
2) Money Transfer Service Scheme (MTSS)
Money Transfer Service Scheme (MTSS) is a quick and easy way of transferring personal
remittances from abroad to beneficiaries in India. Only inward personal remittances into
India such as remittances towards family maintenance and remittances favouring foreign
tourists visiting India are permissible. No outward remittance from India is permissible under
MTSS. The system envisages a tie-up between reputed money transfer companies abroad
known as Overseas Principals and agents in India known as Indian Agents who would
disburse funds to beneficiaries in India at ongoing exchange rates. The Indian Agent is not
allowed to remit any amount to the Overseas Principal. Under MTSS the remitters and the
beneficiaries are individuals only.
The reporting requirements are given below:
a. List of Sub Agents, Overseas Principal-Indian Agent wise (Annex XV): Indian Agents
should forward a full updated list (names and addresses and their location) of their Sub
Agents by e-mail, in excel format, in soft form, to the concerned FED Regional Office,
whenever they appoint/ remove any Sub Agent. 3Indian Agents who are non-bank
Authorised Category- II / FFMC shall submit the same in the APConnect application
(https://apconnect.rbi.org.in/entity).
whenever they appoint/ remove any Sub Agent. 3Indian Agents who are non-bank
Authorised Category- II / FFMC shall submit the same in the APConnect application
(https://apconnect.rbi.org.in/entity). Indian Agents should visit the RBI website and
verify the list of Sub Agents on regular intervals and any aberration to the list observed
may immediately be brought to the notice of the concerned FED ROs. Further, Indian
Agents should confirm the veracity, on quarterly basis, of the list placed on RBI website
to their respective FED ROs, either in form of a letter or by email, within 15 days from
the end of a quarter.
b. List of additional locations: To be furnished by the Indian Agents to the ROs concerned
of the FED of the Reserve Bank, under whose jurisdiction their registered offices fall,
on quarterly basis, within 15 days from the close of the quarter to which it relates.
c. Quarterly statement of the quantum of remittances received (Annex XVI): To be
submitted by the Indian Agents 4through Centralised Information Management System
(CIMS) (URL: https://sankalan.rbi.org.in) within 15 days from the close of the quarter
to which it relates. In case no remittance was received during a quarter, a ‘NIL’ report
shall be submitted.
3 Inserted vide A.P. (DIR Series) Circular No. 01 dated April 06, 2023. 4 Inserted vide A.P. (DIR Series) Circular No.15 dated March 05, 2024. Prior to modification it read as: “using the eXtensible Business Reporting Language (XBRL) (https://secweb.rbi.org.in/orfsxbrl)”
Inserted vide A.P. (DIR Series) Circular No.15 dated March 05, 2024. Prior to modification it read as: “using the eXtensible Business Reporting Language (XBRL) (https://secweb.rbi.org.in/orfsxbrl)”
24
d. Half-yearly statement of the collateral held as at the end of June and December every year (Annex-XVII): To be furnished by the Indian Agents to the ROs concerned of the FED of the Reserve Bank, under whose jurisdiction their registered offices fall, within 15 days from the close of the half-year to which it relates. 5Indian Agents who are non- bank Authorised Category- II / FFMC shall submit the same in the APConnect application within the specified timeline. All The Authorised persons who are Indian agents under MTSS are required to make all their correspondence with Reserve Bank including submission of prescribed statements to the Regional Office of the Foreign Exchange Department of the Reserve Bank, under whose jurisdiction their registered offices function
5 Inserted vide A.P. (DIR Series) Circular No. 01 dated April 06, 2023.
hange Department of the Reserve Bank, under whose jurisdiction their registered offices function
5 Inserted vide A.P. (DIR Series) Circular No. 01 dated April 06, 2023.
25
Part I: Annex XV
Format for Sub Agents of Indian Agents of MTSS
Name of the Sub Agent
Sub Agent Category (AD Cat-I bank/ AD Cat-II/ Other
Scheduled Commercial Bank/ Full Fledged Money Changer/
Department of Posts/ Registered NBFC/ Others)
Address of the registered/corporate/administrative office with telephone number/s, Fax number/s and e-mail id/s.
Registered with
Registration Number
Details of Registration (papers to be attached as at Annex XV a)
PAN Number (copy as at Annex-XV a)
Name/s of Banker/s and Bank Account Number/s (enclosures as at Annex-XV a)
Details (Name, Nationality, Residential address, Controlling interest in any other company, PAN Number) of each promoter with more than 10% equity holding
Paid up capital in ₹ and Number of shares
Accounts certified by which Chartered Accountant? Details (Enclosures as at Annex-XV a)
Whether prosecuted/ convicted for criminal/ economic offence? If yes, particulars thereof (Enclosures as at Annex- XV a)
Whether the Sub Agent is solvent as on date
a)
Whether prosecuted/ convicted for criminal/ economic offence? If yes, particulars thereof (Enclosures as at Annex- XV a)
Whether the Sub Agent is solvent as on date
Details (Name, Designation, Nationality, Residential address,
PAN No., Name/s of other company/ies in which the person
has held any post, Details of equity shareholding in the
company, if any) of Chairman/Managing
Director/Director/Chief
Executive Officer (Details as at Annex-XV a)
Note: With reference to point 9, ownership of the Sub Agent should be detailed up to the last layer of equity holding ending in mentioning the name of the individual/ entity that owns beneficial interest in the company.
Date: Signature of Chartered Accountant
Place:
Signature of Managing Director
26
Part I: Annex XV a
List of Certified copies of Documents to be submitted
- Certificate of Incorporation
- Memorandum (up-to-date) and Articles of Association
- Board resolution for conducting money transfer activities, submission of application and its contents including authorization of an official to make the application.
- Details of associates, group companies, etc.
- PAN Card/s of the Director/s.
- Bank Account details and sealed confidential reports from banks.
- A certificate from Chartered Accountant certifying Net Owned Funds
- Balance Sheet and P&L A/c statement for the last three years.
- Business plan for the next three years.
om banks.
7. A certificate from Chartered Accountant certifying Net Owned Funds
8. Balance Sheet and P&L A/c statement for the last three years.
9. Business plan for the next three years.
10. Conduct certificate from the local police authorities.
11. Declaration regarding past criminal cases, cases initiated/ pending against the
company or its Directors by any law enforcing agencies.
12. Photographs of the Directors and key persons.
13. Information about the management.
14. Shop and establishment certificate/ other municipal certificate.
27
Part I: Annex XVI
Statement showing details of quantum of remittances received through Money
Transfer Service Scheme during the quarter ended __________________
Name of the Indian Agent ______________________________________
Name of the Overseas
Principal
Total quantum of remittances received in
US $
INR equivalent
Note: This statement is required to be submitted 6by the Indian Agents through Centralised Information Management System (CIMS) (URL: https://sankalan.rbi.org.in) within 15 days from the close of the quarter to which it relates.
6 Inserted vide A.P. (DIR Series) Circular No.15 dated March 05, 2024. Prior to modification it read as: “using the eXtensible Business Reporting Language (XBRL) system (https://secweb.rbi.org.in/orfsxbrl)”
d vide A.P. (DIR Series) Circular No.15 dated March 05, 2024. Prior to modification it read as: “using the eXtensible Business Reporting Language (XBRL) system (https://secweb.rbi.org.in/orfsxbrl)”
28
Part I: Annex XVII
Statement of Collateral kept by Indian Agents
Name of the Indian Agent __________________________
Name of the
Overseas
Principal
Total quantum of
remittances received during
the past 6 months in US $
Amount of
collateral held in
US
$
Collateral kept in
various forms
(Foreign Currency
Deposit/ Bank
Guarantee)
Last review of
adequacy of
collateral along with
observations
Note: This statement as at the end of June and December every year is required to be submitted to the Regional Office concerned of the Foreign Exchange Department of the Reserve Bank within 15 days from the close of the half year to which it relates. 7 Indian Agents who are non-bank Authorised Category- II / FFMC shall submit the same in the APConnect application within the specified timeline.
7 Inserted vide A.P. (DIR Series) Circular No. 01 dated April 06, 2023.
thorised Category- II / FFMC shall submit the same in the APConnect application within the specified timeline.
7 Inserted vide A.P. (DIR Series) Circular No. 01 dated April 06, 2023.
29
3) Rupee Drawing Arrangements (RDA)
Under the Rupee Drawing Arrangements (RDAs), cross-border inward remittances are
received in India through Exchange Houses situated in Gulf countries, Hong Kong,
Singapore, Malaysia (for Malaysia only under Speed Remittance Procedure) and all other
countries which are FATF compliant (for all other countries which are FATF compliant only
under Speed Remittance Procedure).
The reporting requirement is given below:
a. Application (Annex XVIII): AD Category–I banks should apply to the Reserve Bank in
the form provided at Annex XVIII with necessary documents the first time they enter
into RDAs with non-resident Exchange Houses from Gulf countries, Hong Kong,
Singapore, Malaysia and all other countries which are FATF compliant, for opening and
maintaining in India the Rupee vostro accounts of those non-resident Exchange
Houses.
b. Statement A (Annex XIX): This monthly Exchange House-wise statement is designed
to elicit details of operations in Rupee/ foreign currency vostro accounts of Exchange
Houses. This statement should be critically examined to ascertain whether funds held
in the account are adequate to cover estimated pipeline debits.
ee/ foreign currency vostro accounts of Exchange
Houses. This statement should be critically examined to ascertain whether funds held
in the account are adequate to cover estimated pipeline debits. The Top Management
of the ADs Category-I may work out the pipeline data and set their own limits and the
adherence to the limits set should be informed to the Top Management on a quarterly
basis.
c. Statement B (Annex XX): This is a consolidated half-yearly statement showing position
of Rupee/ foreign currency vostro accounts of Exchange Houses which are to be
closed/ are in the process of closure.
d. Statement C (Annex XXI): This is a monthly statement giving information regarding
Exchange House’s account held at overseas branches of Indian banks under Draft
Drawing Arrangement (DDA)/ Non-DDA procedures for holding collection proceeds
and additional collaterals.
e. Statement D (Annex XXII): This monthly statement provides information about
operations in the foreign currency vostro account of the Exchange House.
Note - While statements A to D (Annex XIX to XXII) are not required to be submitted to the Reserve Bank, ADs
Category-I should prepare these statements and cause inspections at the prescribed periodicities. The relative
statements/ reports should invariably be submitted to their respective Top Management with suitable explanatory
notes indicating corrective measures taken/ being initiated wherever necessary.
tive statements/ reports should invariably be submitted to their respective Top Management with suitable explanatory notes indicating corrective measures taken/ being initiated wherever necessary.
30
f. Statement E (Annex XXIII): This quarterly statement on total remittances received every quarter is required to be submitted 8 through Centralised Information Management System (CIMS) (URL: https://sankalan.rbi.org.in) before 15th of the succeeding month to which the quarter relates. In case no data is to be furnished, AD Category – I banks shall upload a ‘NIL’ report in CIMS. g. Annual Review: AD Category-I banks should submit to the respective Regional Office of the Foreign Exchange Department of the Reserve Bank of India, under whose jurisdiction the registered office of the applicant falls by 30th June every year an annual review note covering the period January 1 to December 31 of the previous year, on the vostro accounts of the Exchange Houses maintained by them under the Rupee/ Foreign Currency Drawing Arrangements (RDAs/ FcyDAs) duly approved by their Board.
cember 31 of the previous year, on the vostro accounts of the Exchange Houses maintained by them under the Rupee/ Foreign Currency Drawing Arrangements (RDAs/ FcyDAs) duly approved by their Board. The Review Note should cover various aspects like (a) credit-worthiness of the Exchange House (based on financial statements and market reports), (b) validity of licenses of Exchange Houses and compliance of home country KYC/ AML /CFT Guidelines by Exchange Houses (c) financial losses suffered if any by the AD category –I bank on account of transactions, events, disputes, etc., (d) business turnover separately under each arrangement, (e) funding arrangements in respect of vostro accounts, (f) half-yearly inspection of the account of the Exchange House, (g) supervision (system in vogue to monitor operations in the account), (h) internal control and risk management system, (i) overdrafts and interest collected. An extract of directions, if any issued by the Board should be forwarded to the Reserve Bank along with the Annual Review note. While submitting the annual review note, the particulars such as (a) complete particulars of Drawing Arrangements (DDA/ NonDDA / Speed Remittance) that the AD Category-I banks have with Exchange Houses with the date of approval by RBI and opening of the vostro accounts (b) dates of termination of Drawing Arrangements, if any (including Drawing Arrangements which could not be concluded), and (c) number of drawee branches under each arrangement should be included.
(b) dates of termination of
Drawing Arrangements, if any (including Drawing Arrangements which could not be
concluded), and (c) number of drawee branches under each arrangement should be
included.
Note: Authorised Dealer Category I banks are required to make all their correspondence with Reserve Bank
including submission of prescribed statements to the Regional Office of the Foreign Exchange Department of the
Reserve Bank, under whose jurisdiction their registered offices function.
8 Inserted vide A.P. (DIR Series) Circular No. 09 dated December 22, 2023. Prior to modification it read as: “using the eXtensible Business Reporting Language (XBRL) system (https://secweb.rbi.org.in/orfsxbrl)”
31
Part I: Annex XVIII
Application for obtaining permission to enter into Rupee/ Foreign Currency Drawing Arrangements with Exchange Houses
(a) The application for obtaining permission to enter into Rupee / Foreign Currency Drawing Arrangements with Exchange Houses should be completed and submitted in the prescribed format (given below), to the respective Regional Office of the Foreign Exchange Department of the Reserve Bank of India, under whose jurisdiction the registered office of the applicant falls. The application should be signed by the General Manager (or an officer of equivalent rank), International Banking Division/ Foreign Department of the applicant AD Category-I bank.
applicant falls. The application should be signed by the General Manager (or an officer
of equivalent rank), International Banking Division/ Foreign Department of the applicant AD
Category-I bank.
(b)
Documentation:
AD Category-I banks should submit the following documents along with the application:
(i) Certified copy of the license (English version) issued by the Central Bank/ any other
Supervisory Authority of the country where the Exchange House is situated.
(ii)
Certified copy/ies of license(s) issued by Municipal Authorities and / or any other
Government regulatory/ controlling authority in the country of the Exchange House.
(Applicable to the Exchange Houses in U.A.E.)
(iii)
A Certificate from a Chartered Accountant, regarding compliance with Know Your
Customer/Anti Money Laundering/Combating the Financing of Terrorism norms in the home
country by the Exchange House.
9(iv) Certified copies of confidential opinion/ report recorded by Embassy of India in the
country concerned/ bankers of the Exchange House/ correspondent banks etc., subject to
the satisfaction of the Board of the bank concerned.
(v)
Audited Balance Sheets and Profit and Loss Account Statements of the Exchange
House for the previous three years.
(vi)
Copy of the Board Resolution of the AD Category-I bank for entering into the
arrangement.
(vii)
Copy of letter from the Exchange House regarding the proposal to enter into the
Rupee/ Foreign Currency Drawing Arrangement along with the provision of collateral,
wherever necessary.
ent.
(vii)
Copy of letter from the Exchange House regarding the proposal to enter into the
Rupee/ Foreign Currency Drawing Arrangement along with the provision of collateral,
wherever necessary.
9 Inserted with effect from April 12, 2018
32
Part I- Particulars of the applicant bank and its existing arrangement(s), if any
Name of the applicant bank
Existing arrangements(s)
(i) Name of Exchange House (EH)
(ii) Since
(iii) No. of drawee branches
(iv) Business turnover for the previous three calendar years
3(a) Details of branches having multiple EH drawing arrangements
3(b) Furnish comments with regard to adequacy of internal control systems put in place at those branches. (Attach a sheet if necessary)
Financial losses sustained if any during last five years (April-March)
(i)
Year
(ii)
Name of the EH
(iii)
Amount of loss
(iv)
Particulars of loss
(v)
Ref. Nos. and dates lodged with RBI and RBI’s permission to write off
Financial disputes if any with EH(s) pending settlement
(i) Name of EH
(ii) Expected amount of loss
(iii) Particulars of loss
(iv) Ref. No. & dated of report lodged with RBI
Furnish an EH-wise summary of the major irregularities observed in the existing drawing arrangements during inspections by Internal Auditors, RBI Inspectors as also Overseas Auditors indicating the corrective measures initiated by the bank.
egularities observed in the existing drawing arrangements during inspections by Internal Auditors, RBI Inspectors as also Overseas Auditors indicating the corrective measures initiated by the bank.
Part II- Particulars of the Exchange House for the proposed drawing arrangement
1(a) Name and address of the Exchange House with which the bank proposes to enter into RDA
(b)
Date of establishment of the EH
(c)
Furnish details of other Group companies of EH viz. name, management
control, financial means and standing, etc.
2(a) Whether the EH has operative RDA with any other bank in India?
(b)
If yes, state the name/s of the bank/s
Furnish details of the management structure of the EH:
(a) Status of EH (company, firm, joint-ventures, etc.)
(b) With whom the management vests
(c) Name, nationality and line of business of the promoters of the EH
(d) Capital holding pattern
(e) Whether the applicant bank will have any investment in EH?
Furnish complete details
(f) Whether the applicant bank will have any role in management of
EH? Furnish details
Profit earned/loss sustained by the EH during the previous three calendar years
omplete details (f) Whether the applicant bank will have any role in management of EH? Furnish details
Profit earned/loss sustained by the EH during the previous three calendar years
33
Particulars of license issued by the Central Bank/ Supervisory Authority of
the country concerned
a) License No
b) Date of issue
c)
Validity period
d) Special conditions, if any
Particulars of licenses issued by Municipal Authorities and/or any other
Government regulatory/ controlling authority (Applicable to EHs in UAE)
a) License No
b) Date of issue
c) Validity period
d) Special conditions if any
Confidential opinion in brief recorded by
a) Embassy of India in the country
b) Bankers of the EH
i) --------------------------------------
Name of the banker
ii) ------------------------------------
Name of the banker
Is the applicant bank fully satisfied about
a) the competence of the company/ firm/ people managing the EH
b) the financial strength of the shareholders of the EH
c) the financial strength of the EH
d) the internal control systems operating in EH with regard to issue of
drafts?
Furnish details of collateral arrangements negotiated with the EH (viz. amount of deposit, bank guarantee, etc.) and the justification thereof.
Part III- Details of the proposed arrangement
tails of collateral arrangements negotiated with the EH (viz. amount of deposit, bank guarantee, etc.) and the justification thereof.
Part III- Details of the proposed arrangement
Details/description of proposed arrangement
2(a) Reasons for entering into RDA
(b)
Projections of business turnover (quantify monthly projections)
The procedure under which the proposed RDA will be conducted (DDA/Non-DDA/Speed)
Name and address of the account maintaining Branch
No of drawee branches to be included in the proposed RDA
Whether EH is prepared to provide additional collateral cover equivalent to 7 days’ projected drawings? (Applicable to EHs which have not completed three years of its operations)
Any other information which the bank wishes to furnish in support of this application
34
We hereby certify that –
(i) the proposed arrangement with…………………………………………………… has
been considered by us carefully taking into account the means and standing of
the aforesaid EH and we are fully satisfied about the credentials and
competence of the persons/ firms/ companies associated with the EH.
(ii) Our branches already having DD drawing arrangements with other EH(s) and
which are now proposed to be covered under the proposed arrangement with
the above EH viz…………………………………………………………..… have
sufficient expertise to handle business emanating from one more EH.
ich are now proposed to be covered under the proposed arrangement with
the above EH viz…………………………………………………………..… have
sufficient expertise to handle business emanating from one more EH.
(iii) We have put in place adequate internal control and risk management system which
are working satisfactorily.
(iv) The particulars given above are true and correct to the best of our knowledge and
belief.
( )
General Manager
Address
Place
Date
35
Part I: Annex XIX
Statement A
Name of the Authorised Dealer Category-I:
Full address:
Name of the Exchange House:
Particulars of operations in the account in the month of
-
Opening balance in the account (Cr/Dr) at the start of : _________________
-
Total credits during the month
: _________________
- Total debits during the month
: _________________
- Closing balance (Cr/Dr) as on
: _________________
- Estimated value of pipeline debits
: _________________
(average 15 days drawings determined by progressive
annual debit summations or by item No.3 above,
whichever estimate is higher)
5 a. The amount of actual payments made by the principal: _____________
encashing branches/offices during the last one week
(for adding to estimated pipeline)
-
Funds held abroad as collateral by the bank or under : _________________
DDA procedure. -
Surplus /deficit in balances/collaterals in the account to: _________________
cover item No.5
nds held abroad as collateral by the bank or under : _________________
DDA procedure.
-
Surplus /deficit in balances/collaterals in the account to: _________________
cover item No.5 -
State amount of counter-value foreign currency
: Date Amount of
recovered from the Exchange House against each specific
foreign
foreign credit afforded to the account during the month
currency
corresponding to the sale of Rupees made by the bank to recovered
the Exchange House
A) All payment advices received during the month from our paying branches have been
taken into account for raising debits in the Rupee accounts of the Exchange House.
B) We have received confirmation from our nostro account maintaining banks abroad for
having credited counter value (foreign currency) funds to our nostro account before crediting
Rupee funds to the account of the Exchange House.
36
C)
We confirm that the Rupee accounts of the Exchange Houses are conducted
strictly in accordance with the guidelines issued by RBI and in terms of the relative
agreements with the Exchange Houses concerned.
D)
Copy of the statement has been sent to the General Manager-in-charge, Foreign
correspondent relationship and department / Officer in Charge, nostro account of our bank.
E) We confirm that we have not received any adverse report / warning signals from the
General Manager of our International Department whose accounts are maintained by us at
the time of submitting the statement.
that we have not received any adverse report / warning signals from the
General Manager of our International Department whose accounts are maintained by us at
the time of submitting the statement.
Statement countersigned by certifying that it has been internally reviewed in the bank and
the conduct of the account is considered satisfactory.
Chief Manager of the
Account Maintaining Branch
Signature of the General Manager–in-
Charge of International Division
/International Operations in the bank.
37
Part I: Annex XX Statement B
Consolidated statement of position of Exchange Houses’ accounts to be closed/ under closure (to be submitted by the Account maintaining office through the International Division)
Sr.
No.
Name of
the
Exchange
House
Centre/
Country
Opening
balance
in the
account
Credits
if any,
during
the
month
Debits
if any,
during
the
month
Closing
balance
Any
collateral
Any
other
liability
detected
When
the
account
is likely
to be
closed
Remarks
(i.e. brief
resume of
correspondence
to effect closure
of the account
and item in
Col. 8)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
(a) Notice has been issued to all Exchange Houses regarding closure of the account.
(b) There are no pipeline debits or items of recovery in respect of the above accounts save for what is stated in the Column No. 9.
ued to all Exchange Houses regarding closure of the account.
(b) There are no pipeline debits or items of recovery in respect of the above accounts save for what is stated in the Column No. 9.
(c) The transactions in the accounts which are still operated are explained separately in the annexure under title name of each Exchange House (An explanatory remark sheet may be attached for the purpose).
(d) The following accounts reflected above were closed during the month under review.
Chief
Manager
of
Account Maintaining
Branch
Statement
countersigned
certifying
that all the accounts reported above are
under the concerned Exchange Houses
have been duly suspended and closure of
the accounts is being followed up
________________________________
General Manager-in-Charge of International Division/ International Operations in the AD Category-I
38
Part I: Annex XXI
Statement C
Monthly statement regarding particulars of Exchange House account held at overseas branches of Indian banks (ADs Category-I)
Name of the AD Category-I:
Sr.
No.
Date of
Opening
the
account
Name of
the
Exchange
House
Name of
the
overseas
branch
Nature
of
account
Why it
was
opened
(quote
H.O.
Name of the AD Category-I:
Sr.
No.
Date of
Opening
the
account
Name of
the
Exchange
House
Name of
the
overseas
branch
Nature
of
account
Why it
was
opened
(quote
H.O.
authority
if any)
Balance
as at the
end of
the
previous
month
Balance
as at the
end of the
month to
which the
statement
relates
Outstanding
liabilities, if
any
1.
2.
3.
4.
5.
6.
7.
8.
9.
39
Part I: Annex XXII
Statement D
Name of the AD Category-I: _________________
No. of drawee branches: ______
Full Address: _____________________________
Type of Account: ____________
RBI Approval No. and date: _______
Name of the Exchange House: _______________
Particulars of operations in the Account during the month of __________
Sl
No.
Particulars
(Amount in
USD)
(Amount in
GBP)
1.
Opening balance in the account (Cr/ Dr) at the start of the
month to which the statement relates
Total credits during the month
Total debits during the month
Closing balance (Cr/ Dr) as on--------
Estimated value of pipeline debits (Average 15 days drawings determined by progressing annual debit summations or by item 3 above, whichever estimate is higher)
5 (a) The amount of actual payments made by the principal encashing branches/ offices during the last one week (for adding to estimated pipeline)
ver estimate is higher)
5 (a) The amount of actual payments made by the principal encashing branches/ offices during the last one week (for adding to estimated pipeline)
Funds held abroad either as collateral by the bank or under procedure
Surplus/ deficit in balance (s)/ collaterals in the account to cover item 5
8(a) All payment advices received during the month from our paying branches have been taken into
account for raising debits in the USD/ GBP accounts of Exchange House.
(b)
We confirm that the USD/ GBP accounts of Exchange Houses are conducted strictly in
accordance with the guidelines issued by RBI and in terms of the relative agreements with the
Exchange Houses concerned.
(c)
Copy of the statement has been sent to the General Manager-in-Charge foreign
correspondent relationship and Department/ Office-in-Charge- Nostro account of our bank.
(d)
We confirm that we have not received any adverse report/ warning signals from the
General Manager of our International Department about the Exchange House whose accounts are
maintained by us at the time of filing the statement to RBI.
Chief Manager of Account
Maintaining Branch
Statement countersigned certifying that it has
been internally reviewed in the bank and that
the conduct is considered satisfactory.
General Manager-in-Charge of International Division/International Operations in the AD Category-I
has
been internally reviewed in the bank and that
the conduct is considered satisfactory.
General Manager-in-Charge of International Division/International Operations in the AD Category-I
40
Part I: Annex XXIII
Statement E
Statement showing inflows of foreign currency through Exchange Houses during the
quarter ended _______
(Amount in US Dollars)
Sl.
No.
Name of
Exchange
House and
country
No. of
branches
covered
Foreign
currency
received
during last
year ended
December
Inflows of foreign currency during
current year
Growth (+)/
deceleration
(-) between
last quarter
and the
quarter under
report (%)
Out flow
foreign
currency
(amount)
Jan-
Mar
April-
June
Jul-
Sept.
Oct-
Dec
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Note:
(a)
In column (5) to (8) inflows during the relevant quarter may be shown for the period beginning from the month
of January each year. Just below these figures, please furnish in brackets data for the corresponding period
of the previous year. The data in respect of Drawing Arrangements should cover inflow of funds both through
RDA and Foreign Currency Drawing Arrangement.
(b)
Foreign currency should be shown in US dollars only.
(c)
Furnish amount (+) or (-) accompanied by an expression in percentage terms in column (9).
and Foreign Currency Drawing Arrangement.
(b)
Foreign currency should be shown in US dollars only.
(c)
Furnish amount (+) or (-) accompanied by an expression in percentage terms in column (9).
(d)
This statement should be signed by Chief of International Banking Department / Division of the Bank at Head
Office, but not less than the grade of a DGM.
(e)
Please
attach separate
sheets furnishing
details of
deviations
from
the
requirements as per declaration at Sr.no. (c), (f), (g), (h), (i) and (j) of Para 1 of SECTION III wherever necessary.
Please also indicate the corrective action taken and the current status.
We hereby certify that
i) The above information has been compiled with reference to actuals and excludes the
transactions in the pipeline.
ii) The number of branches covered has increased from _______to _______since the
submission of the last statement in view of the following reasons:
iii) The growth/ deceleration in the inflows of foreign currency is due to the following reasons:
iv)
The outflows reported above are on account of _______________ and have the
approval of RBI vide its letter No. ________________dated ________________.
v) The above accounts had all through credit balances during the quarter under report.
vi)
Funds in the accounts were sufficient to cover estimated pipeline transactions.
vii)
Our overseas branches have not extended any line of credit / advances to above/
any of the above exchange houses
ds in the accounts were sufficient to cover estimated pipeline transactions.
vii)
Our overseas branches have not extended any line of credit / advances to above/
any of the above exchange houses
41
viii)
We are regularly submitting the statements 'A', 'B', 'C', and 'D', as at Annex- II,
Annex-III, Annex-IV and Annex-V, respectively to the top management.
ix)
We have not come across any adverse features about operations in the account
of the above / any of the above exchange houses and / or the Rupee and/ or Foreign
Currency Drawing arrangement with these Exchange Houses:
x) We are keeping a close watch on the means and financial standing of the above exchange
houses(s) and as on the date of this report we have no adverse observations on record with
us to report to the Reserve Bank.
Name of the bank:
Address:
Date:
Signature:
Name:
Designation:
42
Part II: Liberalised Remittance Scheme
Resident individuals are permitted to make remittances up to USD 250,000 per financial
year for any permitted current or capital account transactions or a combination of both as
per the regulations prescribed under the Foreign Exchange Management (Current Account
Transactions) Rules, 2000, as amended from time to time, and the Foreign Exchange
Management Act, 1999 (FEMA) or the rules or regulations framed thereunder10.
- AD Category-I banks are required to furnish the transaction-wise information on a daily (T+1) basis i.e.
gn Exchange Management Act, 1999 (FEMA) or the rules or regulations framed thereunder10.
- AD Category-I banks are required to furnish the transaction-wise information on a daily
(T+1) basis i.e. by the close of business of the next working day, under LRS daily return on
Centralised Information Management System (CIMS)11. Access of CIMS has also been
extended to AD Category-II as well as Full Fledged Money Changers (FFMCs) for
submission of LRS daily return12. In case no data is to be furnished, AD Category-I banks,
AD Category-II as well as FFMCs13 shall upload ‘Nil’ report.
14Authorised Persons may use the following purpose codes while reporting transactions under LRS15:
Sr. No.
Items under LRS
Corresponding FETERS purpose codes, if
transaction is identified under LRS
1
Opening of foreign currency account abroad with a bank under LRS
S0023
2
Purchase of immovable property
S0005
3
Investment in equity, debt, JV, WoS,
ESOPs, IDRs
S0001,
S0002,
S0003,
S0004, S0021, S0022
4
Gift
S1302
5
Donations
S1303
6
Travel (business, pilgrimage, medical treatment, education, employment, personal)
S0301,
S0303,
S0304,
S0305 & S0306
7
Maintenance of close relatives
S1301
8
Medical Treatment
S1108
9
Studies abroad
S1107
10 Emigration
S1307
10 Deleted vide A.P. (DIR Series) Circular No. 16 dated September 06, 2024.
enance of close relatives
S1301
8
Medical Treatment
S1108
9
Studies abroad
S1107
10 Emigration
S1307
10 Deleted vide A.P. (DIR Series) Circular No. 16 dated September 06, 2024. Prior to deletion, it read as “AD Category – I banks are required to furnish the information on remittances made under the Liberalised Remittance Scheme (LRS) on a monthly basis, on or before the fifth of the following month to which it relates through Centralised Information Management System (CIMS) for which purpose they have been given user ID and password by the Reserve Bank. Where there is no data to be furnished, AD banks are advised to upload ‘nil’ figures in CIMS” 11 Inserted vide A.P. (DIR Series) Circular No. 16 dated September 06, 2024. 12 Inserted vide A.P.(Dir series) Circular No. 17 dated December 03, 2025 13 Inserted vide A.P.(Dir series) Circular No. 17 dated December 03,2025 14 Inserted vide A.P.(Dir series) Circular No. 17 dated December 03,2025. (prior to insertion, this read as AD banks). 15 Inserted vide A.P. (Dir Series) Circular 50 dated February 11, 2016
14 Inserted vide A.P.(Dir series) Circular No. 17 dated December 03,2025. (prior to insertion, this read as AD banks). 15 Inserted vide A.P. (Dir Series) Circular 50 dated February 11, 2016
43
11 ‘Others’ such as loan to NRI close relatives
and health insurance
S0011, S0603
- 16 Transactions relating to LRS are required to be reported in Foreign Exchange Transactions Electronic Reporting System (FETERS) to Department of Statistics and Information Management (DSIM) under respective FETERS purpose codes (e.g. travel, medical treatment, purchase of immovable property, studies abroad, maintenance of close relatives; etc.) instead of reporting collectively under the purpose code S0023. This would help AD banks in classification of transactions for similar activity under single purpose code. Therefore, the purpose code S0023 may be read as ‘Opening of foreign currency account abroad with a bank.’
- 17AD banks should continue to ensure that the data pertaining to LRS transactions reported by them in FETERS tallies with the data reported by them in CIMS.
16 Inserted vide AP (Dir Series) Circular No. 50 dated February 11, 2016.
17 Inserted vide AP (Dir Series) Circular No. 50 dated February 11, 2016.
16 Inserted vide AP (Dir Series) Circular No. 50 dated February 11, 2016.
17 Inserted vide AP (Dir Series) Circular No. 50 dated February 11, 2016.
44
18Part III: Establishment of Branch Office (BO)/ Liaison Office (LO) / Project Office
(PO) or any other place of business in India by foreign entities
Applications from foreign companies (a body corporate incorporated outside India, including
a firm or other association of individuals) for establishing BO/ LO/ PO in India are considered
by the AD Category-I bank as per the guidelines issued by Reserve Bank of India under the
provisions of Foreign Exchange Management Act, 1999.
The reporting requirements are given below:
- Annual Activity Certificate
i. The Annual Activity Certificate (AAC) (Annex I) as at the end of March 31 along with the audited financial statements including receipt and payment account are required to be submitted to the designated AD Category – I bank and a copy of the same to the Director General of Income Tax (International Taxation), Drum Shape Building, I.P. Estate, New Delhi 110002, by the BO/LO on or before September 30 of every year. In case the annual accounts of the BO/LO are finalized with reference to a date other than March 31, the AAC along with the audited financial statements may be submitted within six months from the due date of the Balance Sheet to the designated AD Category – I bank with a copy to the Director General of Income Tax (International Taxation), Drum Shape Building, I.P.
ithin six months from the due
date of the Balance Sheet to the designated AD Category – I bank with a copy to
the Director General of Income Tax (International Taxation), Drum Shape
Building, I.P. Estate, New Delhi 110002.
The AAC is to be submitted by the:
a. BO/ LO concerned, in case of a sole BO/ LO;
b. Nodal office of the BOs/ LOs, in case of multiple BOs / LOs - a combined
AAC in respect of all the offices in India.
ii.
AAC from a Chartered Accountant showing the project status and certifying that
the accounts of the project office have been audited and the activities undertaken
18 The AAC modified vide Notification No. FEMA 22 (R)/2016-RB dated March 31, 2016.
45
are in conformity with the general/ specific permission given by Reserve Bank of
India may be submitted by the PO to the designated AD Category-I bank.
2. AD Category-I bank shall send a consolidated list of all the BOs/LOs/ POs opened and
closed by them during a month (as per Annex II), by the fifth of the succeeding month,
to the General Manager, Reserve Bank of India, Central Office Cell, Foreign Exchange
Department, Sansad Marg, New Delhi-110 001.
3. 19
4. 20
5.
r Annex II), by the fifth of the succeeding month, to the General Manager, Reserve Bank of India, Central Office Cell, Foreign Exchange Department, Sansad Marg, New Delhi-110 001. 3. 19 4. 20 5. Entities from Bangladesh, Sri Lanka, Afghanistan, Iran, China, Hong Kong, Macau or Pakistan which are setting up a BO/LO/PO in India should register with the state police authorities and are required to submit an annual report (as per Annex III) within five working days of the BO/LO/PO becoming functional to the Director General of Police (DGP) of the state concerned in which the BO/LO/PO has established its office; If there is more than one office of such a foreign entity, a separate annual report is required to be submitted to each of the DGP concerned of the state where the office has been established.
19 Deleted vide AP (DIR Series) Circular No.05 dated November 13, 2020. Prior to deletion, it read as “Extension of LOs granted by the AD Category-I banks must be intimated to the General Manager, Reserve Bank of India, CO Cell, New Delhi along with the reference number of the original approval letter and the UIN.” 20 Deleted vide AP (DIR Series) Circular No.05 dated November 13, 2020. Prior to deletion, it read as “Extension of PO has to be reported by the AD Category-I bank to the Central Office Cell, Foreign Exchange Department, Sansad Marg, New Delhi-110 001 .”
mber 13, 2020. Prior to deletion, it read as “Extension of PO has to be reported by the AD Category-I bank to the Central Office Cell, Foreign Exchange Department, Sansad Marg, New Delhi-110 001 .”
46
21Annex I
Annual Activity Certificate
To whomsoever it may concern
This is to certify and confirm that during the period from __________________ to ________________, the branch office/ liaison office/ project office with PAN No.(wherever applicable)
of M/s__________________ (UIN-_______________ (wherever applicable) has/ have undertaken only those activities that have been specifically permitted by the Reserve Bank/ Authorised Dealer Category-I bank vide its approval letter/s No/s. ______________________________dated ______________and has/have complied with the terms and conditions specified in the above mentioned letter/s.
For Project Office only
2. Project status: ______________________________________________________
- This is to certify that during the period from _______________ to ______________, no inter-project funds transfer has been carried out without prior approval of the Reserve Bank.
(Signature of the Statutory Auditor/s)
(Name of the Chartered Accountant)
ICAI Membership No.:
Address:
Place:
Date:
21 Modified vide Notification No. FEMA 22 (R)/2016-RB dated March 31, 2016
ory Auditor/s)
(Name of the Chartered Accountant)
ICAI Membership No.:
Address:
Place:
Date:
21 Modified vide Notification No. FEMA 22 (R)/2016-RB dated March 31, 2016
47
22Annex II
Name of the AD bank: ________________________________
(a) Details of the BO/LO/PO opened during the month of __________
Sr.
No
Name of the
foreign entity
Country of
Incorporation
Whether
BO/LO/PO
opened
UIN
Date of
approval
Address of
office in India
(b) Details of the BO/LO/PO closed during the month of ____________
Sr.
No
Name of the
foreign entity
Country of
Incorporation
Whether
BO/LO/PO closed
UIN
Date of closure
Address
of office
in India
22 Inserted vide AP DIR Circular No. 69 dated May 12, 2016
48
Part III: Annex III
Format of Report to DG of Police
Sl
No
Particulars
Details
1
Details of the foreign Entity a.
Name
b. Address
c. Date and place of incorporation
d. email id or web address
2
Detail of office in India
a.
Type of Office – LO/BO/PO or for others indicate
type
b.
Address
c.
Contact number
d.
Date of opening of office
3
Head of office in India
a. Name
b. Nationality
c. Designation
d. Address
e. Passport particulars
(i) Passport Number
(ii) Place of Issue
(iii) Date of Issue
(iv) Date of expiry
(v) Any other relevant
information
f.
email address
g.
Designation
d. Address
e. Passport particulars
(i) Passport Number
(ii) Place of Issue
(iii) Date of Issue
(iv) Date of expiry
(v) Any other relevant
information
f.
email address
g. Landline number
h. Mobile number
4
Whether all foreign nationals employed at LO/BO/PO are on
E Visas
5
Whether the foreign nationals on E Visas have reported to
mandatory authorities ie., police station etc If not, name of
such national/ nationality along with relevant details and
reasons for not complying with the requirement
6
List of personnel employed, including foreigners in Indian Office
Foreigners
Sl
No
Name
Parentage Nationality
Age
Email and
mobile
particulars
Passport
and visa
particulars
Designation/
profession
Date of entry
into India and
place of stay
Indians
Sl
No
Name
Parentage Nationality
Age
Email and
mobile
particulars
Designation/ profession
7
List of foreigners other than employees who visited Indian office in connection with activities of the
company, with details
mobile
particulars
Designation/ profession
7
List of foreigners other than employees who visited Indian office in connection with activities of the
company, with details
49
Sl
No
Name
Parentage
Nationality
Age
Purpose of visit Designation/
profession
Date of
entry into
India and
place of
stay
8
Projects/ contracts/ collaborations worked upon or initiated during the year along with details
Sl
No
Name of
Project/
contract/
collaboration
Name of
Indian party
Nature of
business
activity
Approximate
value of
project/ work
Place/ area of
project/ work
Period of
project/
work
Approximate
number of
foreign work
force
required in
India
9
List of equipment imported for business activities in India
Sl
No
Name/ technical details
Purpose
Date of Import into India/ place of
installation in India
10 Details of suppliers or services rendered to the Government Sector
Sl
No
Name of Supplier/ Service
Name
of
Government
Organisation/ Agency
Approximate value of supplies/
services
11 Details of places/ States visited along with dates/ accommodation used
12 Details of contact with Government Departments/ PSUs including names of officials
13 Details of contact with Civil Society Bodies/ Trusts/ Non-Government Organisations
tion used
12 Details of contact with Government Departments/ PSUs including names of officials
13 Details of contact with Civil Society Bodies/ Trusts/ Non-Government Organisations
50
Part IV: Foreign Investment
A. Reports
23Foreign Direct Investment (FDI) in India is undertaken in accordance with the 24Foreign
Exchange Management (Non-Debt Instruments) Rules, 2019 dated October 17, 2019
issued by Department of Economic Affairs, Ministry of Finance, Government of India
(hereinafter referred to as NDI Rules, 2019) and Foreign Exchange Management (Mode of
Payment and reporting of Non-Debt Instruments) Regulations 2019 issued vide Notification
No. FEMA 395/2019-RB dated October 17, 2019 (hereinafter referred to as FEMA 395). NDI
Rules, 2019, amongst other things, prescribes the modes of investments i.e. issue or
acquisition of equity instruments as defined thereunder and the conditions, such as entry
routes, sectoral caps, pricing guidelines etc. that may be complied with. FEMA 395
prescribes the manner/ mode of receipt of funds and reporting of the investments made
under NDI Rules, 2019.
25All the reporting prescribed under this direction, except specifically stated otherwise, is
required to be done through the Single Master Form (SMF) available on the FIRMS platform
at https://firms.rbi.org.in.The user manual for reporting is available on the homepage of the
FIRMS website as well as on the RBI website www.rbi.org.in. The format of the SMF and
KYC report is available in the user manual.
n.The user manual for reporting is available on the homepage of the
FIRMS website as well as on the RBI website www.rbi.org.in. The format of the SMF and
KYC report is available in the user manual.
26For the purpose of reporting in the SMF, an Indian entity which has received foreign
investment or indirect foreign investment or expects to receive it, is required to file an entity
master on the FIRMS platform. The procedure for filing the entity master is provided in the
user manual as hosted on the FIRMS website as well as, is available on the RBI website
www.rbi.org.in.
The reporting formalities for foreign investment are given below:
- Reporting for issue of capital instruments
23 Modified with effect from 07.11.17 vide by Notification FEMA 20(R)/2017-RB dated-07.11.17 notified vide G.S.R. N0.1374 (E)
24 Modified with effect from October 17, 2019 due to notification of NDI Rules, 2019 vide S.O. 3732(E) and notification of FEMA
395 vide G.S.R. 795(E). Prior to modification, it read as “Foreign Exchange Management (Transfer or Issue of Security by a Person
Resident outside India) Regulations, 2017 issued vide Notification No. FEMA 20(R)/2017-RB dated November 07, 2017
[hereinafter referred to as FEMA 20(R)].
25 Inserted with effect from 01.09.18 vide A.P.Dir (Series) Circular 30 dated June 7, 2018.
26 Inserted with effect from 28.06.2018 vide A.P.Dir (Series) Circular 30 dated June 7, 2018.
A 20(R)].
25 Inserted with effect from 01.09.18 vide A.P.Dir (Series) Circular 30 dated June 7, 2018.
26 Inserted with effect from 28.06.2018 vide A.P.Dir (Series) Circular 30 dated June 7, 2018.
51
a) Reporting inflows:
(i) The actual inflows on account of issue of equity instruments shall be reported by the AD branch
in the R-returns in the normal course.
(ii) 27 28Omitted
(iii) 29Omitted
(v) 30Omitted
(vi) 31 32Omitted
b) Reporting of issue of equity instruments:
(i)33Foreign Currency – Gross Provisional Return (FC- GPR)34:An Indian company
issuing equity instruments to a person resident outside India, and where such issue is
reckoned as Foreign Direct Investment under NDI Rules, 2019, shall report such issue in
27 Inserted with effect from 07.11.17 by Notification FEMA 20(R)/2017-RB dated 07.11.17 notified vide G.S.R. N0. 1374(E)
dated 07.11.17. Prior to insertion it read as “An Indian company receiving investment from outside India for eligible securities
under the FDI Scheme, shall report the details of the amount of consideration (including each upfront/ call payment) to the
Regional Office concerned of the Reserve Bank through its AD Category I bank, not later than 30 days from the date of receipt
in the ARF. Non-compliance with the above provision would be reckoned as a contravention under FEMA, 1999 and could
attract penal provisions.”
28 Deleted with effect from 01.09.18 by Amendment Notification FEMA 20(R)(3)/2018 dated Aug 30, 2018 notified vide
G,S.R.No. 823 (E).
vention under FEMA, 1999 and could
attract penal provisions.”
28 Deleted with effect from 01.09.18 by Amendment Notification FEMA 20(R)(3)/2018 dated Aug 30, 2018 notified vide
G,S.R.No. 823 (E). Prior to deletion it read as, “Advance Remittance Form (ARF) (Annex I): An Indian company which has
received amount of consideration for issue of capital instruments and where such issue is reckoned as Foreign Direct
Investment under FEMA 20®, shall report such receipt (including each upfront/ call payment) in ARF to the Regional Office
concerned of the Reserve Bank, not later than 30 days from the date of receipt.”
29 Deleted with effect from 01.09.18 by Amendment Notification FEMA 20(R)(3)/2018 dated Aug 30, 2018 notified vide
G,S.R.No. 823 (E). Prior to deletion it read as, “Know Your Customer (KYC) Form (Annex II): The following documents shall be
submitted along with the ARF:(a) copy/ies of the FIRC/s (Foreign Inward Remittance Certificate evidencing the receipt of the
remittance; (b) Know Your Customer (KYC) report on the non-resident investor from the overseas bank remitting the amount
in the mentioned form”
30 Deleted with effect from 01.09.18 by Amendment Notification FEMA 20(R)(3)/2018 dated Aug 30, 2018 notified vide
G,S.R.No. 823 (E).
the overseas bank remitting the amount
in the mentioned form”
30 Deleted with effect from 01.09.18 by Amendment Notification FEMA 20(R)(3)/2018 dated Aug 30, 2018 notified vide
G,S.R.No. 823 (E). Prior to deletion it read as, “in case, the remittance receiving AD Category – I bank (AD bank) is different
from the AD bank through which FCGPR is filed, the KYC check shall be carried out by the remittance receiving bank and the
KYC report be submitted by the investee to the AD bank carrying out the transaction along with the Form FC-GPR.”
31 Inserted by AP (Dir) Series Circular No. 40 dated February 1, 2016. Prior to the insertion it read as “The forms can also be
downloaded from the Reserve Bank's website https://rbidocs.rbi.org.in/rdocs/Forms/PDFs/KYC020411.pdf”
32 Deleted with effect from 01.09.18 by Amendment Notification FEMA 20(R)(3)/2018 dated Aug 30, 2018 notified vide
G,S.R.No.823 (E). Prior to deletion it read as, “The filing/ reporting has to be done on the e-Biz platform at
http://www.ebiz.gov.in (Home page → click on Services tab → Click on the appropriate RBI service hyperlink [RBI service
page displayed] → Download eform).”
33 Inserted with effect from 07.11.17 by Notification FEMA 20(R)/2017-RB dated 07.11.17 notified vide G.S.R. N0. 1374(E)
dated 07.11.17.
hyperlink [RBI service page displayed] → Download eform).” 33 Inserted with effect from 07.11.17 by Notification FEMA 20(R)/2017-RB dated 07.11.17 notified vide G.S.R. N0. 1374(E) dated 07.11.17. Prior to insertion it read as “Foreign Collaboration - General Permission Route (FC- GPR) (Annex III): After issue of eligible securities (including partly paid securities to the extent called up), the Indian company has to file Form FC- GPR, through its AD Category-I bank, to the Regional Office concerned of the Reserve Bank under whose jurisdiction the registered office of the company is situated, not later than 30 days from the date of issue of shares.” 21Deleted with effect from 01.09.18 with the introduction of FIRMS application. 34 Deleted with effect from 01.09.18 with the introduction of FIRMS application.
52
Form FC-GPR 35in the Single Master Form not later than thirty days from the date of issue of the equity instruments. Issue of ‘participating interest/ rights’ in oil fields shall be reported in Form FC-GPR.
PR 35in the Single Master Form not later than thirty days from the date of issue
of the equity instruments. Issue of ‘participating interest/ rights’ in oil fields shall be
reported in Form FC-GPR.
(ii) 36The following cases / instances of issue of shares / equity instruments to persons
resident outside India by an Indian company will require filing of Form FC-GPR, (a) bonus
or rights shares directly or on amalgamation/ merger/ demerger 37with an existing Indian
company (b) equity instruments on account of a cross border merger in terms of
Notification 389/ 2018 dated March 20, 2018; (c) shares against any funds payable by the
Indian company to the person resident outside India; (d) sweat equity shares and shares
issued upon exercise of employees stock option in terms of NDI Rules, 2019; (e) Issue of
shares on conversion of convertible notes.
38 Omitted
(iii) 39 Allotment of equity instruments under public issue 40 or Qualified Institutional
Placement (QIP) under the applicable SEBI Regulations need not be reported in Form
FC-GPR
(iv)41In case the Indian company issues equity instruments to a person resident outside
India other than to the person resident outside India from who the inward remittance
has been received, the form FC-GPR has to be filed along with the following
documents:
(a) KYC reports of both the remitter and the beneficial owner.
(b) A no-objection certificate (NOC) from the remitter for issuing equity instruments to
the beneficial owner mentioning their relationship.
reports of both the remitter and the beneficial owner.
(b) A no-objection certificate (NOC) from the remitter for issuing equity instruments to
the beneficial owner mentioning their relationship.
35 Inserted with effect from 01.09.18 with the introduction of SMF. Prior to deletion it read as, “to the Regional Office concerned of
the Reserve Bank under whose jurisdiction the Registered office of the company operates,”
36 Inserted with effect from 01.09.18 with the introduction of SMF. Prior to insertion it read as, “Issue of bonus or rights shares to
persons resident outside India directly or on amalgamation/ merger with an existing Indian company, as well as issue of shares on
conversion of ECB/ royalty/ lump sum technical know-how fee/ import of capital goods by units in SEZs has to be reported in Form
FC-GPR”
37 Inserted with effect from April 10, 2023.
38 Deleted with effect from 07.11.17 by Notification FEMA 20(R)/2017-RB dated 07.11.17 notified vide G.S.R. N0. 1374(E)
dated 07.11.17. Prior to deletion it read as “Non-compliance with the above provision would be reckoned as a contravention
under FEMA and could attract penal provisions”
39 Inserted as a clarification.
40 Inserted with effect from April 10, 2023.
41 Inserted as a clarification.
would be reckoned as a contravention
under FEMA and could attract penal provisions”
39 Inserted as a clarification.
40 Inserted with effect from April 10, 2023.
41 Inserted as a clarification.
53
(c) A letter from the beneficial owner explaining the reason for the remitter making
remittance on its behalf.
(d) A copy of agreement / board resolution from the investee company for issuing
equity instruments to a person other than from who the remittance has been received.
(v) 42 43Omitted
c) Annual Return on Foreign Liabilities and Assets:
44An Indian company which has received FDI or an LLP which has received investment
by way of capital contribution in the previous year(s) including the current year, shall
submit form FLA to the Reserve Bank on or before the 15th day of July of each year.
Explanation: Year for this purpose shall be reckoned as April to March.
45The FLA return can be filed through a web-portal interface https://flair.rbi.org.in provided by
RBI to the reporting entities for submitting “User Registration Form”. The successful
registration on web-portal will enable users to generate RBI-provided login-name and
password for using FLA submission gateway and would include system-driven validation
checks on submitted data. The User Manual and FAQs present on the web-portal can be used
for further guidance to file the FLA return.
2) Reporting for Transfer of equity instruments
a) The actual inflows and outflows on account of transfer of shares shall be reported by the
AD branch in the R-returns in the normal course.
urn.
2) Reporting for Transfer of equity instruments
a) The actual inflows and outflows on account of transfer of shares shall be reported by the
AD branch in the R-returns in the normal course.
42 Inserted by AP (Dir) Series Circular No. 40 dated February 1, 2016. Prior to the insertion it read as “The Form can also be
downloaded from the Reserve Bank's website https://rbidocs.rbi.org.in/rdocs/Forms/PDFs/AP110214_ANN.pdf”
43 Deleted with effect from 01.09.18 with the introduction of FIRMS application. Prior to deletion it read as, “The filing/
reporting has to be done on the e-Biz platform at http://www.ebiz.gov.in”
44 Inserted with effect from 07.11.17 by Notification FEMA 20(R)/2017-RB dated-07.11.17 notified vide G.S.R. N0. 1374(E)
dated 07.11.17. Prior to insertion it read as “All Indian companies which have received FDI and/ or made FDI abroad in the
previous year(s) including the current year, should file the annual return on Foreign Liabilities and Assets (FLA) in the soft form
to the Reserve Bank, Department of Statistics and Information Management, Mumbai by July 15 every year.”
45 Modified with vide A.P. Dir Series Circular No. 37 dated June 28, 2019 on Annual Return on Foreign Liabilities and Assets-
Reporting by Indian companies. Prior to modification, it read as “The FLA return is available on the RBI website www.rbi.org.in
→ Forms category → FEMA Forms) along with the related FAQs (www.rbi.org.in → FAQs category → Foreign Exchange).”
fication, it read as “The FLA return is available on the RBI website www.rbi.org.in
→ Forms category → FEMA Forms) along with the related FAQs (www.rbi.org.in → FAQs category → Foreign Exchange).”
54
b) 46Foreign Currency-Transfer of Shares (FC-TRS) 47:
-
Form FCTRS is required to be filed for transfer of equity instruments48 in accordance with NDI Rules, 2019, between:
(i) a person resident outside India holding equity instruments in an Indian company on a repatriable basis and person resident outside India holding equity instruments on a non-repatriable basis; and (ii) a person resident outside India holding equity instruments in an Indian company on a repatriable basis and a person resident in India, The onus of reporting is on the resident transferor/ transferee or the person resident outside India holding equity instruments on a non-repatriable basis, as the case may be. -
Transfer of equity instruments in accordance with NDI Rules, 2019 49between a person resident outside India holding equity instruments on a non-repatriable basis and person resident in India is not required to be reported in Form FC-TRS.
-
Transfer of equity instruments on a recognized stock exchange by a person resident outside India as prescribed under NDI Rules, 2019 has to be reported by such person in Form FC-TRS.
-
Transfer of equity instruments prescribed in Rule 9(6) of NDI Rules, 2019 viz., payment on deferred basis, shall be reported in Form FC-TRS to the AD bank on receipt of every tranche of payment.
-
Transfer of equity instruments prescribed in Rule 9(6) of NDI Rules, 2019 viz., payment on deferred basis, shall be reported in Form FC-TRS to the AD bank on receipt of every tranche of payment. The onus of reporting shall be on the resident transferor/ transferee.
-
Transfer of ‘participating interest/ rights’ in oil fields shall be reported in Form FC-TRS.
46 Inserted with effect from 07.11.17 by Notification FEMA 20(R)/2017-RB dated 07.11.17 notified vide G.S.R. N0. 1374(E)
dated 07.11.17. Prior to insertion it read as “Foreign Collaboration-Transfer of Shares (FC-TRS) (Annex IV): Reporting of
transfer of eligible securities between residents and non-residents and vice- versa is to be made in Form FCTRS. The Form FC-
TRS should be submitted to the AD Category – I bank, within 60 days from the date of receipt of the amount of consideration.
The onus of submission of the Form FC-TRS within the given timeframe would be on the transferor/ transferee, resident in
India. However, the onus of reporting the purchase of shares by non-residents on the recognized stock exchanges in
accordance with SEBI (Substantial Acquisition of Shares and Takeover) Regulations is on the investee company. The bank
should maintain the FC-TRS forms with it and should not forward the same to the Reserve Bank of India.”
47 Deleted with effect from 01.09.18 with the introduction of SMF.
48 Deleted with effect from 07.11.17 by Notification FEMA 20(R)/2017-RB dated-07.11.17 notified vide G.S.R. N0. 1374(E) dated
07.11.17.
eted with effect from 01.09.18 with the introduction of SMF.
48 Deleted with effect from 07.11.17 by Notification FEMA 20(R)/2017-RB dated-07.11.17 notified vide G.S.R. N0. 1374(E) dated
07.11.17. Prior to deletion it read as “by way of sale”
49 Deleted with effect from 07.11.17 by Notification FEMA 20(R)/2017-RB dated-07.11.17 notified vide G.S.R. N0. 1374(E) dated
07.11.17. Prior to deletion it read as “by way of sale”
55
- Form FCTRS is required to be filed by the Indian company buying back shares in a scheme of merger/ de-merger/ amalgamation of Indian companies approved by NCLT/ competent authority.
- The form FCTRS has to be filed with the AD bank within sixty days of transfer of equity instruments or receipt/ remittance of funds whichever is earlier.
c) Know Your Customer (KYC): The sale consideration in respect of equity instruments purchased by a person resident outside India, remitted into India through normal banking channels, is subject to a KYC check 50by the remittance receiving AD bank at the time of receipt of funds. In case, the remittance receiving AD bank is different from the AD bank handling the transfer transaction, the KYC check shall be carried out by the remittance receiving AD bank and the KYC report be submitted by the transferor/transferee to the AD bank carrying out the transaction along with the Form FC-TRS. d) 51In case the foreign remitter and the beneficial owner are different, the conditions (a) to (c) laid down at Para A (1)(b)(iv) of this part shall apply mutatis-mutandis.
g with the Form FC-TRS.
d) 51In case the foreign remitter and the beneficial owner are different, the conditions (a) to
(c) laid down at Para A (1)(b)(iv) of this part shall apply mutatis-mutandis.
e) 52 53Omitted
3) 54Omitted
50 Deleted with effect from 01.09.18 with the introduction of SMF.
51 Inserted as a Clarification.
52 Deleted the following with effect from 07.11.17 “The AD bank branch shall submit two copies of the Form FC-TRS received
from their constituents/ customers together with the statement of inflows/ outflows on account of remittances received/
made in connection with transfer of shares, by way of sale, to its IBD/ FED/ or the nodal office designated for the purpose by
the bank in the enclosed proforma (which is to be prepared in MS-Excel format).”
53 Deleted with effect from 01.09.18 with the introduction of SMF. Prior to deletion it read as, “The IBD/ FED or the nodal
office of the AD bank will consolidate reporting in respect of all the transactions reported by their branches into an inflow -
outflow statement (Annex V) This statement shall be forwarded on a monthly basis to Foreign Exchange Department, Reserve
Bank of India, Foreign Investment Division, Central Office, Mumbai in soft copy (in MS- Excel) by e-mail to fdidata@rbi.org.in”.
54 Deleted with effect from 01.09.18 with the introduction of SMF.
Bank of India, Foreign Investment Division, Central Office, Mumbai in soft copy (in MS- Excel) by e-mail to fdidata@rbi.org.in”.
54 Deleted with effect from 01.09.18 with the introduction of SMF. Prior to deletion it read as, “Reporting on e-Biz Portal of
the Government of India: With a view to promoting the ease of reporting of transactions under foreign direct investment
(FDI), the filing of the ARF, Form FC-GPR and Form FCTRS has been enabled under the e-Biz platform of the Government of
India. The design of the reporting platform enables the customer to login into the e-Biz portal, download the reporting forms,
complete and then upload the same onto the portal using their digitally signed certificates. The AD banks will be required to
download the completed forms, verify the contents from the available documents, if necessary by calling for additional
information from the customer and then upload the same for RBI to process and allot the Unique Identification Number
(UIN). Physical filing of FC-GPR, ARF and FCTRS forms is discontinued from February 8, 2016 and online filing through
government’s e-Biz portal has been made mandatory.”
ique Identification Number (UIN). Physical filing of FC-GPR, ARF and FCTRS forms is discontinued from February 8, 2016 and online filing through government’s e-Biz portal has been made mandatory.”
56
- Reporting of conversion of ECB into equity
Details of issue of shares against conversion of ECB have to be reported to the Regional Office concerned of the Reserve Bank, as indicated below:
(i) In case of full conversion of ECB into equity, the company shall report the conversion in Form FC-GPR55 as well as in Form ECB-2 (Part V: Annex II) to the Department of Statistics and Information Management (DSIM), Reserve Bank of India, Bandra Kurla Complex, Mumbai – 400 051, 56Contact numbers 022-26572513 and 022- 26573612, within seven working days from the close of month to which it relates. The words "ECB wholly converted to equity" shall be clearly indicated on top of the Form ECB-2. Once reported, filing of Form ECB-2 in the subsequent months is not necessary.
(ii) In case of partial conversion of ECB, the company is required to report the converted portion in Form FC-GPR57 as well as in Form ECB-2 clearly differentiating the converted portion from the non-converted portion. The words "ECB partially converted to equity" shall be indicated on top of the Form ECB-2. In the subsequent months, the outstanding balance of ECB shall be reported in Form ECB-2 to DSIM.
portion. The words "ECB partially converted to equity"
shall be indicated on top of the Form ECB-2. In the subsequent months, the outstanding
balance of ECB shall be reported in Form ECB-2 to DSIM.
5) Reporting of ESOPs and sweat equity shares58
59An Indian company issuing 60employees’ stock option (ESOP) to persons resident outside
India who are its employees/ directors or employees/ directors of its holding company/ joint
venture/ wholly owned overseas subsidiary/ subsidiaries shall file Form ESOP61 within 30
days from the date of issue of ESOPs.
55 Deleted with effect from 01.09.18 with the introduction of FIRMS application. Prior to deletion it read as, “to the Regional Office concerned of the Reserve Bank”. 56 Contact numbers inserted 57 Deleted with effect from 01.09.18 with the introduction of FIRMS application. Prior to deletion it read as, “to the Regional Office concerned of the Reserve Bank”. 58 Deleted with effect from 23.10.2018 with the introduction of SMF. 59 Modified with effect from 07.11.17 vide Notification FEMA 20(R)/2017-RB dated-07.11.17 notified vide G.S.R. N0.1374(E) 60 Inserted with effect from 01.09.18 with the introduction of SMF. Prior to insertion it read as, “sweat equity shares/employees’ stock option/ shares issued against exercise of stock option.” 61 Inserted with effect from 23.10.2018 with the introduction of SMF.
. Prior to insertion it read as, “sweat equity shares/employees’ stock option/ shares issued against exercise of stock option.” 61 Inserted with effect from 23.10.2018 with the introduction of SMF. Subsequent to insertion, it read as, “to the Regional Office concerned of the Reserve Bank under whose jurisdiction the registered office of the company operates, within 30 days from the date of issuing sweat equity shares/ employees’ stock option/ shares against exercise of option, as the case may be. All FIRCs and KYC shall be filed as necessary documents along with form ESOP.”
57
- Reporting of ADR/GDR Issues – Form DRR62
The domestic custodian shall report the issue/ transfer of sponsored/ unsponsored depository receipts as per DR Scheme 2014 in Form DRR within 30 days of close of the issue/ program. - Reporting requirements of Limited Liability Partnerships
a) Form FDI- LLP (I): A Limited Liability Partnerships (LLPs) receiving amount of consideration for capital contribution and acquisition of profit shares is required to submit a report in Form Foreign Direct Investment-LLP (I)63 within 30 days from the date of receipt of the amount of consideration. The form shall be accompanied by:
(i) copy/ies of the FIRC/s evidencing the receipt of the remittance
(ii) a KYC report in respect of the foreign investor in the format specified in.
nsideration. The form shall be accompanied by:
(i) copy/ies of the FIRC/s evidencing the receipt of the remittance
(ii) a KYC report in respect of the foreign investor in the format specified in.
64 Omitted
b)
Form FDI- LLP (II): The LLPs shall report disinvestment/ transfer of capital
contribution or profit share between a resident and a non-resident (or vice versa) within 60
days from the date of receipt of funds in Form Foreign Direct Investment-LLP(II). 65The
onus of reporting shall be on the resident transferor / transferee.
668) Reporting of issue or transfer of Convertible Notes – Form CN
a) 67A start-up company issuing Convertible Notes (CNs) to a person resident outside
India shall file Form CN within 30 days of issue.
62 Deleted with effect from 23.10.2018 with the introduction of SMF
63 Deleted with effect from 01.09.18 with the introduction of SMF. Prior to deletion it read as, “through its AD bank, to the
Regional Office of the Reserve Bank under whose jurisdiction the Registered Office of the Limited Liability Partnership making
the declaration is situated,”
64 Deleted with effect from 07.11.17 by Notification FEMA 20(R)/2017-RB dated 07.11.17 notified vide G.S.R. N0. 1374(E)
dated 07.11.17. Prior to deletion it read as “The report would be acknowledged by the Regional Office concerned, which would
allot a Unique Identification Number (UIN) for the amount reported.”
65 Inserted with effect from October 17, 2019, vide Notification of FEMA 395.
66 Inserted with effect from January 10, 2017 by Amendment Notification No.
ion Number (UIN) for the amount reported.”
65 Inserted with effect from October 17, 2019, vide Notification of FEMA 395.
66 Inserted with effect from January 10, 2017 by Amendment Notification No. FEMA 377/2016-RB dated January 10, 2017
notified vide G.S.R No. 16(E) dated January 10, 2017
67 Inserted with effect from 01.09.18 with the introduction of SMF. Prior to insertion it read as, “A startup company issuing
Convertible Notes (CNs) to a person resident outside India shall furnish, through the AD bank, to the Regional Office concerned
of the Reserve Bank under whose jurisdiction the Registered office of the startup company operates, a report in Form CN
within 30 days of the issue of the CN.”
58
b) 68Omitted and taken to FCGPR.
c) Transfer of Convertible Notes of a start-up company by way of sale between a
person resident in India and a person resident outside India shall be reported by the
transferor/transferee, resident in India, 69in Form CN within 30 days of such transfer.
d) The AD bank shall ensure due diligence with regards to KYC of the foreign investor/
buyer.
- Reporting of foreign portfolio investment70
9.1 Investment 71other than by NRIs/ OCIs
a) Reporting Form LEC(FII): The AD banks have to ensure that the FPIs registered with SEBI who are 72investing under Schedule II to NDI Rules, 2019 and all investment (other than that made by NRIs/ OCIs) which is considered as Foreign Portfolio Investment within the meaning of Rule 2(t) of NDI Rules, 2019 is reported in Form LEC(FII) on a daily basis.
nvestment
(other than that made by NRIs/ OCIs) which is considered as Foreign Portfolio Investment
within the meaning of Rule 2(t) of NDI Rules, 2019 is reported in Form LEC(FII) on a daily
basis. 73 It would be the bank’s responsibility to ensure that the data submitted to Reserve
Bank is reconciled by periodically taking a FPI holding report for their bank.
b)
The Indian company which has issued equity instruments to FPIs which is
considered as FDI within the meaning of Rule 2(r) of NDI Rules, 2019 shall be reported in
Form-FCGPR.74
68 Deleted with effect from 01.09.18 with the introduction of SMF. Prior to deletion it read as, “Issue of shares against the
convertible notes so issued shall be reported in form FCGPR (Annex III).”
69 Deleted with effect from 01.09.18 with the introduction of SMF. Prior to deletion it read as, “through the AD bank to the
Regional Office concerned of the Reserve Bank under whose jurisdiction the Registered office of the start-up company
operates,”
70 Inserted with effect from 01.09.18 with the introduction of SMF. Prior to insertion it read as, “foreign investment on the
stock exchange”
71 Inserted with effect from 01.09.18 with the introduction of SMF. Prior to insertion it read as, “by FPIs on stock exchanges“
72 Inserted with effect from 07.11.17 by Notification FEMA 20(R)/2017-RB dated 07.11.17 notified vide G.S.R. N0. 1374(E)
dated 07.11.17.
Prior to insertion it read as, “by FPIs on stock exchanges“
72 Inserted with effect from 07.11.17 by Notification FEMA 20(R)/2017-RB dated 07.11.17 notified vide G.S.R. N0. 1374(E)
dated 07.11.17. Prior to insertion it read as, “purchasing various securities (except derivative and IDRs) shall report all such
transactions details (except derivative and IDRs) in the Form LEC (FII) to Foreign Exchange Department, Reserve Bank of India,
Central Office.”
73 Deleted with effect from June 30, 2017. Prior to deletion it read as “by uploading the same to the ORFS web site
(https://secweb.rbi.org.in/ORFSMainWeb/Login.jsp).”
74 Deleted with effect from 01.09.18 with the introduction of SMF. Prior to deletion it read as, “under the FDI Scheme (for
which the payment has been received directly into company’s account) and the Portfolio Investment Scheme (for which the
payment has been received from FPIs' account maintained with an AD bank in India) shall report these figures separately
under item no. 5 of Form FC-GPR (Annex III) (Post-issue pattern of shareholding) so that the details could be suitably
reconciled for statistical / monitoring purposes.”
t these figures separately under item no. 5 of Form FC-GPR (Annex III) (Post-issue pattern of shareholding) so that the details could be suitably reconciled for statistical / monitoring purposes.”
59
9.2 Investment by NRIs75/ OCI
The designated link office of the AD bank shall furnish to the Reserve Bank, a report in
LEC(NRI) on a daily basis, 76for their entire bank, investments made by NRIs/ OCIs under
Schedule III to NDI Rules, 2019 which is considered as Foreign Portfolio Investment within
the meaning of Rule 2(t) of NDI, 2019 Rules.77It would be the bank’s responsibility to ensure
that the data submitted to Reserve Bank is reconciled by periodically taking a NRI holding
report for their bank.
78 Omitted
7910) Downstream Investment:
80Form DI: An Indian entity or an investment vehicle making downstream investment in
another Indian entity which is considered as indirect foreign investment shall file Form DI
with the Reserve Bank within 30 days from the date of allotment of equity instruments.
11) Investment by Foreign Venture Capital Investor (FVCI)
Investment in equity instruments by FVCIs in terms of Schedule VII to NDI Rules, 2019 is
required to be reported in 81Form FC-GPR and transfer of capital instruments between an
FVCI and a person resident in India in terms of the Schedule, ibid, is required to be filed in
Form FC-TRS. Since pricing guidelines are not applicable for Schedule VII investments,
valuation certificate need not be insisted upon.
75 Inserted with effect from 01.09.18 with the introduction of SMF.
RS. Since pricing guidelines are not applicable for Schedule VII investments, valuation certificate need not be insisted upon.
75 Inserted with effect from 01.09.18 with the introduction of SMF. Prior to insertion it read as, “on stock exchanges”
76 Inserted with effect from 07.11.17 by Notification FEMA 20(R)/2017-RB dated 07.11.17 notified vide G.S.R. N0.
1374(E) dated 07.11.17. Prior to insertion it read as, “on PIS transactions undertaken on behalf of NRIs for their entire
bank.”
77 Deleted with effect from June 30, 2017. Prior to deletion it read as, “This report can be uploaded directly on the
ORFS web site (https://secweb.rbi.org.in/ORFSMainWeb/Login.jsp).”
78 Deleted as it has been included in FCGPR and FCTRS. Prior to deletion it read as, “11) Reporting of foreign
investment by way of issue/ transfer of ‘participating interest/ right’ in oil fields: Foreign investment by way of issue/
transfer of ‘participating interest/ right’ in oil fields by Indian companies to a non-resident would be treated as an FDI
transaction.
Accordingly, transfer of ‘participating interest/ rights’ will be reported as ‘other’ category under Para 7 of Form FC-
TRS (Annex IV) and issuance of ‘participating interest/ rights’ will be reported as ‘other’ category of instruments under
Para 4 of Form FC-GPR (Annex III).”
79 Inserted with effect from 01.09.18 by notification FEMA 20(R) (3)/ 2018-RB notified vide G.S.R.No. 823 (E) dated
Aug 30, 2018.
category of instruments under
Para 4 of Form FC-GPR (Annex III).”
79 Inserted with effect from 01.09.18 by notification FEMA 20(R) (3)/ 2018-RB notified vide G.S.R.No. 823 (E) dated
Aug 30, 2018. Prior to insertion, it read as, “An Indian entity making downstream investment in another Indian
company or an LLP which is considered as indirect foreign investment for the investee entity in terms of FEMA 20(R),
shall notify the DIPP within 30 days of such investment”.
80 Inserted with effect from 23.10.2018 with the introduction of SMF.
81 Inserted with effect from 01.09.18 by notification FEMA 20(R) (3)/ 2018-RB notified vide G.S.R.No. 823 (E) dated
Aug 30, 2018. Prior to Insertion it read as,“Forms ARF and”
60
- Investment by persons resident outside India in units of an Investment Vehicle An Investment vehicle which has issued its units to a person resident outside India in terms of Schedule VIII of NDI Rules, 2019 shall file Form InVI within 30 days from the date of issue of units. 83
82 Inserted with effect from February 05, 2019 with the introduction of form InVI on SMF- FIRMS 83 Deleted vide A.P.(DIR Series) Circular No. 16 dated September 30, 2022 which introduced a uniform LSF matrix
61
84Omitted
84 Deleted Annex I to Annex X with the introduction of SMF.
hich introduced a uniform LSF matrix
61
84Omitted
84 Deleted Annex I to Annex X with the introduction of SMF.
62
Part V: 85[Borrowing and Lending
(1) The designated AD Category I bank shall submit the following returns in terms of Foreign
Exchange Management (Borrowing and Lending) Regulations, 2018 (Notification No.
FEMA.3(R)/2018-RB dated December 17, 2018):
(a) ‘Form ECB 1’ as per the format in Annex I to formecb@rbi.org.in;
(b) ‘Revised Form ECB 1’ as per the format in Annex I to revisedformecb@rbi.org.in;
(c) ‘Form ECB 2’ as per the format in Annex II to ecb2return@rbi.org.in; and
(d) ‘Form TC’ as per the format in Annex III to deprditf@rbi.org.in
(2) The returns shall be submitted using the file provided on the RBI website (List of Returns
Submitted to RBI).]
86[(3) The designated AD Category I bank shall submit the return (complete in all aspects) received from the eligible borrower, along with due certification, to the Reserve Bank within seven calendar days from the date of its receipt; (4) In case of delayed submission of returns, the designated AD Category I bank shall monitor payment of applicable LSF by their customers/ constituents.]
85 Amended vide A.P. (DIR Series) Circular No. 23 dated February 18, 2026.
ated AD Category I bank shall monitor payment of applicable LSF by their customers/ constituents.]
85 Amended vide A.P. (DIR Series) Circular No. 23 dated February 18, 2026. Prior to the amendment the words read as,
“Indian companies are allowed to access funds from abroad in the following methods:
(i) External Commercial Borrowings (ECB)
(ii) Foreign Currency Convertible Bonds (FCCBs)
(iii) Preference shares
(iv) Foreign Currency Exchangeable Bonds (FCEBs)
ECB can be accessed under two routes, viz., (i) Automatic Route outlined in paragraph and (ii) Approval Route.
The reporting requirements are given below:
- Application for raising ECB under the Approval Route and for allotment of Loan Registration Number (LRN) for ECB - Form ECB (Annex I)
- Reporting of actual transactions of ECB - ECB 2 Return (Annex II)
- Form for reporting of details of Trade Credit – Form TC (Annex III)
- Statement on Guarantee/ Letter of Undertaking/ Letter of Comfort issued by AD banks in respect of Trade Credit (Annex IV)”
86 Inserted vide A.P. (DIR) Series Circular No. 25 dated March 30, 2026.
atement on Guarantee/ Letter of Undertaking/ Letter of Comfort issued by AD banks in respect of Trade Credit (Annex IV)”
86 Inserted vide A.P. (DIR) Series Circular No. 25 dated March 30, 2026.
63
Part V: 87 [Annex I
(Annex I to A.P. (DIR Series) Circular No. 23 dated February 18, 2026)
Form ECB 1
Part A - Return Details
1 Return Type
LRN
<applicable on selecting
"Revising Existing ECB">
Part B - Borrower Details 2 Legal Name
3 Registered Office Address Registered Office State/UT Registered Office Pincode
4 Contact No.
5 E-Mail ID
6 Registration Number Type Other Registration Number Type "Others (Specify)"> Registration Number
7 PAN
8 LEI
9 Whether an investigation/adjudication by a law enforcing agency is in process or an appeal with reference to such investigation/adjudicatio n is pending for any contravention under FEMA, 1999. Details <applicable on selecting "Yes">
10 Borrower Type Other Borrower Type "Others (Specify)">
11 Specify the applicable Act(s) and relevant section of the Act as per which the entity is permitted for ECB (for entities other than Companies and LLPs)
12 Borrower Category
13 Borrower Classification (6 Digit NIC-2025 Code)
14 Net Worth (as per the last audited balance sheet) (INR) Net Worth (as per the last audited balance sheet) (USD Equivalent)
15 Outstanding Domestic Borrowing from Banks (as on the date of application) (INR) Outstanding Domestic Borrowing from AIFIs
h (as per the last audited balance sheet) (USD Equivalent)
15 Outstanding Domestic Borrowing from Banks (as on the date of application) (INR) Outstanding Domestic Borrowing from AIFIs and NBFCs (as on the date of application) (INR) Outstanding Domestic Borrowing through Debt Instruments (as on the date of application) (INR) Outstanding Domestic Borrowing from Other Sources (as on the date of application) (INR) 16 Outstanding ECBs (as on the date of application) (USD) Outstanding External Trade Credits (as on the date of application) (USD) Outstanding External Borrowing from Other Sources (as on the date of application) (USD)
17 Total Outstanding Domestic Borrowing (as on the date of application) (INR)
Total Outstanding Domestic Borrowing (as on the date of application) (USD) Total Outstanding External Borrowing (as on the date of application) (USD)
18 Proposed ECB (USD) Available ECB Limit (USD) 1000000000
Part C - Lender Details 19 Legal Name
20 Country
21 Contact No.
(as on the date of application) (USD)
18 Proposed ECB (USD) Available ECB Limit (USD) 1000000000
Part C - Lender Details 19 Legal Name
20 Country
21 Contact No.
22 E-Mail ID
23 Lender Category Foreign Equity Holder Ownership (%) "Foreign Equity Holder"> Other Lender Category "Others (Specify)">
Part D - Borrowing Details 24 Borrowing Permission Type
25 Form of Borrowing Other Form of Borrowing "Others (Specify)"> Share of Financial Insitutions in IFSC (USD) <applicable on seleting "Syndicate Loan">
26 Borrowing Agreement Date (YYYY-MM-DD)
27 Average Maturity (Years)
28 Borrowing Currency 1 Borrowing Currency 2 Borrowing Currency 3 Borrowing Currency 4 29 Borrowing Amount (in Currency 1) Borrowing Amount (in Currency 2) Borrowing Amount (in Currency 3) Borrowing Amount (in Currency 4) 30 Is there a call option in the borrowing? Borrowing Covered by Call Option (%) "Yes"> Option Start Date (YYYY- MM-DD) "Yes"> Option End Date (YYYY- MM-DD) "Yes"> 31 Is there a put option in the borrowing? Borrowing Covered by Put Option (%) "Yes"> Option Start Date (YYYY- MM-DD) "Yes"> Option End Date (YYYY- MM-DD) "Yes">
87 Form ECB renamed to Form ECB 1 and format changed vide A.P. (DIR Series) Circular No. 23 dated February 18, 2026. The returns shall be submitted using the file provided on the RBI website (List of Returns Submitted to RBI).
CB 1 and format changed vide A.P. (DIR Series) Circular No. 23 dated February 18, 2026. The returns shall be submitted using the file provided on the RBI website (List of Returns Submitted to RBI).
64
32 Is the loan secured? Security Type "Secured"> % of Principal Secured "Secured"> % of Interest Secured "Secured"> 33 End-Use Purpose 1 Other End-Use Purpose 1 "Others (Specify)"> % of Borrowing Amount
34 End-Use Purpose 2 Other End-Use Purpose 2 "Others (Specify)">
35 End-Use Purpose 3 Other End-Use Purpose 3 "Others (Specify)">
36 End-Use Purpose 4 Other End-Use Purpose 4 "Others (Specify)">
37 End-Use Sector 1 Other End-Use Sector 1 "Others (Specify)">
38 End-Use Sector 2 Other End-Use Sector 2 "Others (Specify)">
39 End-Use Sector 3 Other End-Use Sector 3 "Others (Specify)">
40 End-Use Sector 4 Other End-Use Sector 4 "Others (Specify)">
Part E - Interest Rate Details 41 Interest Rate Type Fixed Interest Rate (%) "Fixed Interest Rate"> Benchmark Rate "Floating Interest Rate"> Spread "Floating Interest Rate"> 42 Floating Interest Rate Cap or Floor Cap Rate "Yes"> Floor Rate "Yes">
43 First Interest Payment Date (YYYY-MM-DD)
44 Number of Payments/Year
Part F - Other Charges Details 45 Upfront Fee Expected Date of Payment (YYYY-MM-DD) Currency Amount 46 Management Fee Expected Date of Payment (YYYY-MM-DD) Currency Amount 47 Commitment Fee (Fixed) Expected Date of Payment (YYYY-MM-DD) Currency Amount 48 Guarantee Fee Expected Date of Payment
ment Fee Expected Date of Payment (YYYY-MM-DD) Currency Amount 47 Commitment Fee (Fixed) Expected Date of Payment (YYYY-MM-DD) Currency Amount 48 Guarantee Fee Expected Date of Payment (YYYY-MM-DD) Currency Amount 49 Export Credit Agency Charges Expected Date of Payment (YYYY-MM-DD) Currency Amount 50 Other Charges Expected Date of Payment (YYYY-MM-DD) Currency Amount 51 Total (USD)
52 Penal Interest for Late Payments (Fixed) Fixed Rate (%) "Yes">
53 Penal Interest for Late Payments (Floating) Benchmark Rate "Yes"> Spread "Yes">
54 Commitment Fee (Variable) % Per Annum "Yes"> % of Undrawn Amount "Yes">
Part G - AD Comments 55 56 57 58 ]
65
Part V: 88 [Annex II
(Annex II to A.P. (DIR Series) Circular No. 23 dated February 18, 2026)
Form ECB 2 Part A - ECB Details Loan Registration Number (LRN)
Part B - Receipt Details B.1 - Receipt(s) During the Reporting Period Sr. No. Date (YYYY-MM-DD) Currency Amount Amount (USD) Recipient Bank Name Recipient Bank Country
B.2 - Total Receipts Reported Earlier Sr. No.
Currency Amount Amount (USD)
Part C - Utilisation Details C1 - Details of Utlisation of Receipts Duing the Reporting Period Sr. No.
eceipts Reported Earlier Sr. No.
Currency Amount Amount (USD)
Part C - Utilisation Details
C1 - Details of Utlisation of Receipts Duing the Reporting Period
Sr. No.
Date
(YYYY-MM-DD)
Currency
Amount
Amount
(USD)
Beneficiary Bank
Name
Beneficiary Bank Country
Payment Beneficiary Country
End-Use Purpose
End-Use Purpose -
Others (Specify)
End-Use Sector
End Use
Sector -
Others
(Specify)
LRN of Refinanced ECB
(in case of Refinancing
of Existing ECB)
C2 - Details of Total Unutlised Receipts
Sr. No.
Investment
Particulars
Currency
Amount
Amount
(USD)
Investment Country
Part D - Debt Servicing Details D1 - Principal Repaid During the Reporting Period Tranch No. Date (YYYY-MM-DD) Currency Amount Amount (USD) Manner of Debt Servicing Manner of Debt Servicing - Others (Specify) Principal Prepayment
D2 - Interest Payments During the Reporting Period Tranch No. Date (YYYY-MM-DD) Currency Amount Amount (USD) Manner of Debt Servicing Manner of Debt Servicing - Others (Specify)
D3 - Other Current Account Payments During Reporting Period Tranch No. Date (YYYY-MM-DD) Currency Amount Amount (USD) Manner of Debt Servicing Manner of Debt Servicing - Others (Specify) Payable Type Payable Type - Others (Specify)
Part E - Hedging Details Sr. No.
Currency Amount Amount (USD) Manner of Debt Servicing Manner of Debt Servicing - Others (Specify) Payable Type Payable Type - Others (Specify)
Part E - Hedging Details Sr. No. Hedge Type Outstanding Principal Hedge Details Outstanding Interest Hedge Details Annualised Cost of Financial Hedge (%)
Outstanding
Principal Hedged
(%)
Hedge
Effectiveness
Range
(From)
Hedge
Effectiveness
Range
(To)
Outstanding Interest
Hedged
(%)
Hedge
Effectiveness
Range (From)
Hedge
Effectiveness
Range (To)
Part F - Closure of LRN 1 Request for closure of LRN
2 Whether any principal, interest or current account payable is outstanding? If yes, reason for closure of LRN
3 Whether all principal drawn-downs have been reported in Form ECB 2?
4 Whether all repayment of principal, interest and other current account payabales (including outststanding interest waived off, if any) have been duly reported in Form ECB 2?
Part G - AD Comments 1 2 3 4 5 ]
88 Form ECB 2 format changed vide A.P. (DIR Series) Circular No. 23 dated February 18, 2026. The returns shall be submitted using the file provided on the RBI website (List of Returns Submitted to RBI).
rm ECB 2 format changed vide A.P. (DIR Series) Circular No. 23 dated February 18, 2026. The returns shall be submitted using the file provided on the RBI website (List of Returns Submitted to RBI).
66
Part V: Annex III
(Annex to A.P. (DIR Series) Circular No. 87 dated April 17, 2004)
Form Trade Credit (TC)
Form – TC
Annex to A.P. (DIR Series) Circular No. 87 dated April 17, 2004
Part I : Approvals of Trade Credit granted by all branches during the (Month / Year)…………
Name of the AD :
Contact Person:
Address :
Tel :
Fax :
Sr.
No
Date of
Approv
al
Loan
Identification
No.
Category
of
Borrower
Name of
Lender*
Country of
Lender*
Currency Amount Equiv. Amt.in
USD
Rate of
Interest
Other
charges in
USD
1
2
3
4
5
6
7
8
9
10
11
Total
Form – TC
Annex to A.P. (DIR Series) Circular No. 87 dated April 17, 2004
Part I : Approvals of Trade Credit granted by all branches during the (Month / Year)…………
e-mail:
Period of credit
Type of Credit**
Item of Import / proposed
Import
All-in-cost No. of Days/Mon./Yr Unit of time
period
SC / BC
STC / LTC
Description
Category***
12
13
14
15
16
17
18
I. Supplier's Credit (SC)
II. Buyer's Credit (BC)
III. Short-term Trade Credit (STC) (maturity period up to one year)
n
Category***
12
13
14
15
16
17
18
I. Supplier's Credit (SC)
II. Buyer's Credit (BC)
III. Short-term Trade Credit (STC) (maturity period up to one year)
67
IV. Long-term Trade Credit (LTC) (maturity period more than one year & less than three years) V. Total Trade Credit
(TC) (I+II)
*: or Supplier
**: Please type respective code such as SC or BC; STC or LTC.
***: Petroleum Oil Lubricants (POL), Capital Goods (CG), Others (OT)
Note 1: The format of the loan identification number is: TC/(Name of the Bank/branch)/(Identification No.)
Note 2: Information in column nos. 8 to 13 should be numeric only. No alphabets should be entered in those
columns.
Note 3: Date format in col. No 2 is YYYY/MM/DD. For example, December 31, 2003 should be entered
as 2003/12/31
Part II : Disbursement, Utilization and Debt servicing of Trade Credit during (month) / (year)
Sr.
No.
Loan
Identif
icatio
n No.
Amount
approved
(USD)
Disburseme
nt
(USD)
Utilization
(USD)
Princip
al
Interest
Other
charges
Total
(6+7+
8)
Outstanding
(4-6)
Shipment
Final
repayment
1
2
3
4
5
6
7
8
9
10
11
12
Note 1: Information in column nos.1, 3 to 10 should be numeric only.
Note 1: Information in column nos.1, 3 to 10 should be numeric only. No alphabets should be entered in
those columns.
Note 2: Date format in col. No 11, 12 is YYYY/MM/DD. For example, December 31, 2003 should be
entered as 2003/12/31
Certificate by the Authorized Dealer
1.
All trade credits for imports approved by all our branches during the month------------------ have
been included in this statement.
2.
Related import documents (including EC copy of Bill of Entry) towards utilization of such trade
credits have been verified and found in order.
3.
The drawal, utilization and repayment of all trade credits approved by our branches have been
scrutinized and it is certified that such drawal, utilization and repayments of trade credits
68
Part V: Annex IV
(Annex to A.P.DIR Series circular No.24 dated November 01, 2004)
[Omitted]89
89 Quarterly Reporting of Bank Guarantees related to Trade Credit discontinued vide A.P. (DIR Series) Circular No. 19 dated January 12, 2026
89 Quarterly Reporting of Bank Guarantees related to Trade Credit discontinued vide A.P. (DIR Series) Circular No. 19 dated January 12, 2026
69
Part VI: Non-resident Foreign Accounts
1)
Monthly statement on remittances made from NRO Accounts (Annex I):
With a view to having access to more real time data, information on the details of
remittances made by NRIs/ PIOs/ Foreign nationals out of the NRO accounts is
collected on a monthly basis. AD - Category I banks are required to furnish the
statement in the requisite format to General Manager-in-Charge, Foreign Exchange
Department, Foreign Investments Division (NRFAD), Reserve Bank of India, Central
Office Cell, Parliament Street, New Delhi 110 001 within 7 days of the end of the
reporting month.
2)
The accounts opened by an authorised dealer or an authorised bank in respect
of individual/s of Bangladesh nationality should be reported by it to its Head Office and
the Head Office of such authorised dealer/ authorised bank should forward a quarterly
report containing details of Name of the Individual(s), Passport Number, Issuing
Country/State, Name of the FRO/ FRRO, Date of issue of Residential Permit and
validity thereof, to the Ministry of Home Affairs (Foreigners Division) on Quarterly
basis”.
Passport Number, Issuing
Country/State, Name of the FRO/ FRRO, Date of issue of Residential Permit and
validity thereof, to the Ministry of Home Affairs (Foreigners Division) on Quarterly
basis”.
3)
Return on non-resident deposits (Annex II): Authorised Banks maintaining
non-resident deposits are required to submit detailed monthly data on non-resident
deposits to the Reserve Bank of India in NRD-CSR package, the format of which is at
Annex II
(available at https://rbidocs.rbi.org.in/rdocs/content/pdfs/19APDR_AN10813.pdf ). For
monthly NRD-CSR submission on XBRL platform by nodal office of banks, the Reserve
Bank has provided the following two alternatives:
(a) Banks can download the RBI’s NRD-CSR template by logging to the RBI’s Online
Reporting web-page (http://orfs.rbi.org.in) (Path: Homepage → XBRLbased filing
→ (enter user name / password) → Download Returns Package → Form NRD-
CSR) and use the same to generate instance document (.xml file) after entering
details. The instance document can be uploaded on RBI’s XBRL page. The
Reserve Bank (DSIM, CO) will provide Username and Password to all banks for
NRD-CSR for this purpose.
(b) Banks can use any publicly available XBRL tool in relation with their internal
database and build NRD-CSR discipline prescribed by RBI, for generation of
instance document (.xml file) and upload the same on RBI’s XBRL page.
In addition, banks can also generate instance document in the prescribed format from their
internal system, if it provides such flexibility.
nt (.xml file) and upload the same on RBI’s XBRL page.
In addition, banks can also generate instance document in the prescribed format from their
internal system, if it provides such flexibility.
70
Part VI: Annex I
(Proforma annexed to 90A.P. (DIR Series) Circular No. 67/2015-16/ [(1)/5(R)] dated May 5, 2016)
Statements indicating the details of remittances made by NRIs/PIOs Foreign
nationals out of the NRO accounts for the month ended
Name of the bank: No. of remittance on account of
Amount in USD
Sale
proceeds of
immovable
property
Other
assets
Transfers
from NRO to
NRE account
Total
Sale
proceed
s of
immova
ble
property
Other
assets
Transfers
from NRO to
NRE account
Total
90 Inserted by A.P (DIR Series) Circular No. 67/2015-16/ [(1)/5(R)] dated May 5, 2016. Prior to insertion it read as: “A.P (DIR Series) Circular No. 106 dated February 18, 2014.”
90 Inserted by A.P (DIR Series) Circular No. 67/2015-16/ [(1)/5(R)] dated May 5, 2016. Prior to insertion it read as: “A.P (DIR Series) Circular No. 106 dated February 18, 2014.”
71
Part VI: Annex II Monthly data on non-resident deposits
Non-Resident Deposits - Comprehensive Single Return: Format for XBRL-based reporting system
- Format of NRD-CSR
No
Column Description
Type
Position
Remarks
Bank Code
7 N
1 to 7
Bank Working Code for XBRL (given by
RBI) followed by zeros
2.
Reporting period [of
Stock & flows]
6 N
8 to 13 Month to which NRD data pertains
(YYYYMM format)
3.
Deposit_Scheme code
4 A
14 to 17 As per Code Box 1
4.
Account Type
1 A
18
F for Fixed; R for Recurring;
S for Savings; C for Current A/c
5.
Original Maturity
1 N
19
As per Code Box 2
6.
Remaining Maturity
1 N
20
As per Code Box 2
7.
Country (SWIFT code)
2 A
21 to 22 SWIFT Country code
8.
A/c Currency (SWIFT
code)
3 A
23 to 25 SWIFT Currency code
9.
Record_Type Code
2 A
26 to 27 As per Code Box 3
10. Record - Amount
15 N
28 to 42 Amount (in currency of account)
without decimal point
N – Numeric; A – Alpha-numeric
- Details of codes to be used in the NRD-CSR
Code Box-1: Deposit Scheme Code
Sr.
No.
Account under the Scheme
Scheme Code
1.
Foreign Currency Non-Resident (FCNR) A/c
FCNR
2.
Non-Resident External (NRE) Rupee Account
NRER
3.
ox-1: Deposit Scheme Code
Sr.
No.
Account under the Scheme
Scheme Code
1.
Foreign Currency Non-Resident (FCNR) A/c
FCNR
2.
Non-Resident External (NRE) Rupee Account
NRER
3.
Non-Resident Ordinary (NRO) Rupee Account
NROR
Code Box-2: Maturity Code
Sr.
No.
Maturity Classification
Maturity
Code
1.
Up to and inclusive of six months
1
2.
Over six months but up to and inclusive of one year
2
3.
Over one year but up to and inclusive of two years
3
4.
Over two years but up to and inclusive of three years
4
5.
Over three years
5
6.
Unallocated (Savings/Current/Unclaimed Accounts)
6
The residual maturity cannot be determined for Savings/Current/Unclaimed Deposit Accounts.
The residual maturity for such cases, should be “unallocated” (Code 6).
72
Currency Code (SWIFT Code)
USD, GBP, EUR, JPY, AUD, CAD and other freely convertible currencies are permitted for
FCNR(B)
Code Box-3: Record Type Code
No.
Record Type
Description of data item on the record
Code
1.
Inflows
Fresh inflow from abroad (total)
FI
2.
Amount of interest reinvested
IR
3.
Amount renewed / transfer from other A/c
PR
4.
Local inflow (for NRO Savings A/c)
LI
5.
Outflows
Amount of principal remitted abroad (total)
PA
6.
Amount of interest remitted abroad (total)
IA
7.
Amount of principal remitted locally
PL
8.
Amount of interest remitted locally
IL
9.
cipal remitted abroad (total)
PA
6.
Amount of interest remitted abroad (total)
IA
7.
Amount of principal remitted locally
PL
8.
Amount of interest remitted locally
IL
9.
Local withdrawals (gifts, tax, donations etc.)
LW
10
Transfers to other A/c including renewals
TR
11
Balances
Opening Balance, including unclaimed
OB
12
Closing Balance, including unclaimed
CB
13
Unclaimed Balance
UC
14
Interest Accrued as on end of Reference Month
AI
15
Interest Suspense Balance (Interest Arrears)
SB
- Validations
Sl. No.
Validations
Type * (Fatal
(F)/
Non- Fatal (N))
1
Total length of the file should not go beyond 42.
F
2
Bank Code, N.R. D. Scheme code, Account Type, Country (SWIFT code), A/c Currency (SWIFT code) and Record - type Code will be validated with their respective code box / master.
F
2
“Original Maturity” can’t be less than “Residual Maturity”
F
4
Record type can’t have negative value.
F
5
For FCNR (B) scheme any freely convertible currencies (except INR) can be selected.
F
6
For NRE and NRO scheme only INR can be selected.
F
7
For FCNR (B) scheme, the valid Record types are FI, IR, PR, PA, IA, HI, PL, IL, TR and OB,CB,UC,AI,SB.
F
8
For NRE scheme the valid Record types are FI, IR, PR, PA, IA, PL, IL, LW, TR and OB,CB,UC,AI,SB.
F
9
For NRO scheme the valid Record types are FI, IR, PR, LI, PA, IA, PL, IL, LW, TR and OB,CB,UC,AI,SB.
ity
(IE)
Personal
guarantee
Corpora
te
guarant
ee by
third
party
Issue date
Validity
date
10
Performance
guarantee
Issued
Issue date
Validity date
11 Bank Guarantee Issued
Bank Guarantee Issued (Mention name of the Bank)
Issue date
Validity date
12 Rollover/ Change in guarantee $ (Specify) Rollover date
Validity date
13 Pledge/ creation of charge – foreign assets Shares of foreign entity/ SDS Movable & immovable properties of foreign entity/ SDS Other financi al assets Date of creation Validity Date (Amount to be reckoned as FC)
85
14 Creation of charge – domestic assets (name of the overseas lender)
Shares of IE
and/or its
group
companies
Movable &
immovable
properties of
IE and/ or its
group
Other
financi
al
assets
of IE
and/ or
its
group
Date of
creation
Validity
date
(Amount to be
reckoned as
FC)
15
Conversion of
loan to equity
$$
(Specify)
Date of conversion
Amount
16
FC as a result
of merger of
foreign entity/
SDS
(Please specify
amount in each
category)
Equity capital
Loan
Guara
ntee
Date of merger
17
FC as a result
of sale/transfer/
merger by/of
Indian entities/
group
companies
(Please specify
amount in each
category)
Equity capital
Loan
Guara
ntee
Date of transaction
18 Others (specify) (e.g., deferred payment*/gift/ inheritance/by IE/ Resident individual (RI) (as the case may be) Please give the date of transaction, category and amount of FC Note
n
18 Others (specify) (e.g., deferred payment*/gift/ inheritance/by IE/ Resident individual (RI) (as the case may be) Please give the date of transaction, category and amount of FC Note *to be reported as non-fund-based commitment at the time of acquisition of equity capital on deferred payment basis in compliance with Regulation 7 of the OI Regulations. Further, at the time of remittance the non-fund-based commitment shall be reported as converted to equity capital.
@ Please specify the dues being capitalized – incorporation expenses or the other dues viz., royalty, technical know-how fee, consultancy fees, etc. $ In case of rollover / change in guarantee please furnish the following details in the field a) Date of change/ rollover of guarantee; b) Validity date of the new guarantee; c) New guarantee amount d) 15-digit transaction number allotted by the Reserve bank when the original guarantee was reported online. $$ In case of conversion of loan into equity, please furnish the following details a) Date of conversion b) Amount converted into equity c) 15-digit transaction number allotted by the Reserve Bank when the original remittance towards loan was reported online.
e following details a) Date of conversion b) Amount converted into equity c) 15-digit transaction number allotted by the Reserve Bank when the original remittance towards loan was reported online.
86
To be filled by the AD branch (strike out whichever is not applicable) We hereby confirm that the remittance/transaction of (amount to be given in both in FCY and INR) _________________ towards _________ (equity/ loan/ guarantee/ non-fund based commitment) is in accordance with the provisions contained in the FEMA,1999, OI Rules, OI Regulations and the directions issued by the Reserve Bank from time to time. We are satisfied with the bona fides of the transaction in terms of the provisions contained in Sub-section 5 of Section 10 of FEMA,1999. Signature of authorized official of AD bank
Stamp/ seal Name & designation of the Authorized Official of AD bank
Place
Date
Telephone No.
FORM FC: Section D
Declaration by the Indian entity (IE)/ Resident Individual (RI)
(Strike out whichever is not applicable)
(a) I/ We have an account appearing as Non-Performing Asset (NPA)/wilful defaulter, or am/ are under
investigation by a financial sector regulator, or am/ are under investigation by investigative agencies in India,
viz., Central Bureau of Investigation or Directorate of Enforcement or Serious Frauds Investigation Office
Accordingly,
i.
NOC has been obtained & enclosed herewith as prescribed under Rule 10 of the OI Rules, or
ii.
Investigation or Directorate of Enforcement or Serious Frauds Investigation Office
Accordingly,
i.
NOC has been obtained & enclosed herewith as prescribed under Rule 10 of the OI Rules, or
ii.
The lender bank(s)/regulatory body/investigative agency concerned failed to furnish the objection(s)
within sixty days from the date of receipt of application for NOC.
(b) Wherever applicable, the Share certificate/ other evidence as required in Regulation 9 and other reporting
requirement as required in terms of Regulation 10 of OI Regulations, as stipulated by the Reserve Bank from
time to time, in respect of the foreign entity under this UIN has been submitted/completed.
(c) Financial commitment undertaken by means of debt is in compliance with OI Rules and OI Regulations,
or corresponding extant Regulations in case where the transaction has been done under the earlier overseas
investment framework**, as stipulated by the Reserve Bank from time to time.
(d) Pricing and valuation norms as per OI Rules and OI Regulations, or corresponding extant Regulations in
case where the transaction has been done under the earlier overseas investment framework**, as stipulated
by the Reserve Bank from time to time, wherever applicable, have been complied with.
(e) It is certified that no delay in reporting is pending for regularization as required under Regulation 12 of OI
Regulations.
nk from time to time, wherever applicable, have been complied with.
(e) It is certified that no delay in reporting is pending for regularization as required under Regulation 12 of OI
Regulations.
(f) The foreign securities acquired by way of gift from a person resident outside India, is in accordance with
the provisions contained in Foreign Contribution (Regulation) Act, 2010, and the rules and regulations made
thereunder and Para 2 of Schedule III of OI Rules.
(g) This remittance/transaction amount together with earlier remittances/transactions relating to all the current
and capital account transactions under the Liberalised Remittance Scheme during this Financial Year is within
the limit as provided under the scheme. The total amount of remittances/transactions done by me during the
Financial Year until the date of this certificate is ___________(in FCY) the INR equivalent of which works out
to INR __________.
87
I/ We hereby certify that the information furnished above are true and correct. I/We also duly acknowledge that if any information furnished by me/us is found to be false and/or incorrect, it shall be construed that the reporting requirements under FEMA, 1999, have not been complied with. Signature of the Authorized official of the IE/ RI
Stamp/ seal Name & designation of the Authorized Official of IE/ RI
Place
Date
Telephone No.
List of enclosures Note: ** Notification No.
Authorized official of the IE/ RI
Stamp/ seal Name & designation of the Authorized Official of IE/ RI
Place
Date
Telephone No.
List of enclosures Note: ** Notification No. FEMA.19/RB-2000 dated 3rd May 2000 and Notification No.FEMA.120/RB-2004 dated July 7, 2004, as amended from time to time
FORM FC: Section E
Certificate by the Statutory Auditors of the Indian Entity (IE)/ Group Company, as applicable
(Strike out whichever is not applicable)
It is certified that the terms and conditions contained in OI Rules and OI Regulations have been complied with
by the Indian Entity/ Group Company, as applicable, _____________________________________ (Name of
the Indian Entity/ Group Company) in respect of the investment under report. In particular, it is certified that
(strike out whichever is not applicable):
i.
The investment is not in violation of the provisions contained in Rule 19 of Foreign Exchange
Management (Overseas Investment) Rules, 2022 or corresponding extant Regulations in case where
the transaction has been done under the earlier overseas investment framework**, as stipulated by the
Reserve Bank from time to time.
ii.
The NOC as required in terms of Rule 10 of Foreign Exchange Management (Overseas Investment)
Rules, 2022 has been obtained, wherever applicable.
iii.
The remittance/transaction amount towards the investment together with earlier Financial Commitment
is within the limit as stipulated by the Reserve Bank from time to time.
erever applicable.
iii.
The remittance/transaction amount towards the investment together with earlier Financial Commitment
is within the limit as stipulated by the Reserve Bank from time to time. The total financial commitment of
the Indian entity __________________________ (Name of the Indian entity) is _______(in foreign
currency) the INR equivalent^ of which works out to INR______that works out to ____% of its Net Worth
which is INR ___________/-, as on the date of last audited balance sheet, i.e., (date ________)
iv.
Indian entity has complied with the pricing/valuation norms prescribed in Foreign Exchange
Management (Overseas Investment) Rules, 2022, or corresponding extant Regulations in case where
the transaction has been done under the earlier overseas investment framework**, as stipulated by the
Reserve Bank from time to time. The valuation for the investment in _______ (no of shares/% stake) is
arrived at _________ (amount in FCY).@
v.
Indian entity has complied with the conditions prescribed in para 2 of Schedule I of Foreign Exchange
Management (Overseas Investment) Rules, 2022 on ODI in Financial services activity, or corresponding
extant Regulations in case where the transaction has been done under the earlier overseas investment
framework**, as stipulated by the Reserve Bank from time to time, wherever applicable.
vi.
We have verified the records and certify that no delay in reporting is pending for regularization as
required under Regulation 12 of Foreign Exchange Management (Overseas Investment) Regulations,
2022.
vii.
ified the records and certify that no delay in reporting is pending for regularization as
required under Regulation 12 of Foreign Exchange Management (Overseas Investment) Regulations,
2022.
vii.
The amount of the guarantee(s) given by the group company of the Indian entity (as holding/ subsidiary/
promoter group company), together with the Financial Commitment/s of the group company, if any, are
within the limit as provided in Foreign Exchange Management (Overseas Investment) Rules, 2022 read
with the provisions contained in Foreign Exchange Management (Overseas Investment) Regulations,
2022 and Foreign Exchange Management (Overseas Investment) Directions, 2022. The total financial
commitment of the Indian entity __________________________ (Name of the Indian entity) is -------(in
foreign currency) the INR equivalent^ of which works out to INR that works out to ____% of
88
its Net Worth which is INR ___________/-, as on the date of last audited balance sheet, i.e., (date
________)
Note: @ Valuation certificate is attached
- Please refer to Regulation 5(2) of OI Regulations, in case of a guarantee extended by a group company. ^ Exchange rate of INR shall be taken on the date of financial commitment or this certificate, whichever is earlier ** Notification No.
lations, in case of a guarantee extended by a group company. ^ Exchange rate of INR shall be taken on the date of financial commitment or this certificate, whichever is earlier ** Notification No. FEMA.19/RB-2000 dated 3rd May 2000 and Notification No.FEMA.120/RB-2004 dated July 7, 2004, as amended from time to time Signature of the Statutory Auditors of the Indian entity
Stamp/ seal Name of the audit firm, Registration number and UDIN
Place
Date
Telephone No.
Form FC–Section F Reporting of restructuring of the balance sheet of the foreign entity involving diminution in the total value of the outstanding dues towards person resident in India on account of investment in equity and debt Note: All amounts should be in a single foreign currency and in actuals 13 digit Unique Identification Number allotted by the Reserve Bank
Name, AD Code and branch of the designated AD bank
S. No.
n a single foreign currency and in actuals 13 digit Unique Identification Number allotted by the Reserve Bank
Name, AD Code and branch of the designated AD bank
S. No. Particulars
I PAN and Name of the Indian Entity (IE)
II Name of the foreign entity
III
% Stake held by IE in the foreign entity
IV Total amount of Financial Commitment undertaken by IE in this UIN till date
a) Equity
b) Debt
c) Guarantee/ other non-fund based commitment
V Total accumulated losses (based on latest audited financial statements)
VI Proportionate amount of accumulated losses based on share of the IE
VII Date of restructuring
VIII Total outstanding dues towards the IE as on date of restructuring
IX Amount of diminution in the total value of the outstanding dues
89
a) Equity
b) Debt
c) Receivables
(i) Interest
(ii) Dividend
.
(iii) Others (Specify)
X Date of the valuation certificate
XI Total amount of financial commitment post restructuring
a) Equity
b) Debt
c) Guarantee/ other non-fund based commitment
XII % stake held by IE post restructuring
Declaration by the Indian Entity (IE) (Strike out whichever is not applicable)
a. The foreign entity has been incurring losses for last 2 years
b.
II % stake held by IE post restructuring
Declaration by the Indian Entity (IE) (Strike out whichever is not applicable)
a. The foreign entity has been incurring losses for last 2 years
b. The amount of original investment is less than USD 10 million OR The amount of original investment is more than USD 10 million and the diminution in value has been duly certified on an arm’s length basis by a registered valuer as per the Companies Act, 2013 (18 of 2013) or corresponding valuer registered with the regulatory authority or certified public accountant in the host jurisdiction and the certificate is dated not more than six months before the date of restructuring
c. The amount of diminution in value of the outstanding dues is less than twenty per cent of the total
value of the outstanding dues towards the IE
OR
The amount of diminution in value of the outstanding dues is more than twenty per cent. of the total
value of the outstanding dues towards the IE and the diminution in value has been duly certified on
an arm’s length basis by a registered valuer as per the Companies Act, 2013 (18 of 2013) or
corresponding valuer registered with the regulatory authority or certified public accountant in the
host jurisdiction and the certificate is dated not more than six months before the date of restructuring
I/ We hereby certify that the information furnished above are true and correct.
ntant in the host jurisdiction and the certificate is dated not more than six months before the date of restructuring I/ We hereby certify that the information furnished above are true and correct. I/We also duly acknowledge that if any information furnished by me/us is found to be false and/or incorrect, it shall be construed that the reporting requirements under FEMA, 1999, have not been complied with. Place
Place
Date
Date
(Signature and seal of authorised official of the IE/ RI)
(Signature and seal of authorised official of the AD)
90
Name
Name
Designation
Designation
Tel. No.
Tel. No.
Note: AD bank may ensure that the certificate furnished is in accordance with Para 14 of FEM (Overseas Investment) Directions.
Form FC–Section G Reporting of disinvestment in the foreign entity by way of sale or transfer of equity capital/buyback of equity capital/closure/voluntary liquidation/winding up/merger /amalgamation Note: All amounts should be in a single foreign currency and in actuals 13 digit Unique Identification Number (UIN) allotted by the Reserve Bank Name, AD Code and branch of the designated AD bank S.No.
All amounts should be in a single foreign currency and in actuals
13 digit Unique Identification Number (UIN) allotted by the Reserve Bank
Name, AD Code and branch of the designated AD
bank
S.No.
Particulars of transaction
I
Date of submission of last APR and period to
which last APR relates
II
Disinvestment route(tick)
Approval Route
Automatic Route
III
Disinvestment type (tick)
Full disinvestment
Partial Disinvestment
IV
Date of disinvestment
V
PAN and name of the
disinvesting person
resident in India
VI
% Stake held at the time of
disinvestment
% stake disinvested in case of partial
disinvestment
VII
Method of disinvestment
Details to be furnished as Annex to the Form FC Section
G along with relevant documentary evidence
(Please strike out whichever method is not applicable)
i.Sale or transfer of equity capital to another
person resident in India/ foreign partner/
Individual or merger/ liquidation of IE
Furnish the details of the entity buying the stake and
whether the entity purchasing the stake is an existing
foreign partner/ Indian partner in the foreign entity or a
foreign party/ person resident in India buying stake in the
concerned foreign entity for the first time.
rchasing the stake is an existing foreign partner/ Indian partner in the foreign entity or a foreign party/ person resident in India buying stake in the concerned foreign entity for the first time.
91
ii. Closure/voluntary liquidation of the foreign entity Please attach relevant documentary evidence iii.Buy back by the foreign entity Please attach relevant documentary evidence iv.Merger of two or more foreign entities of the same person resident in India Furnish details of merging foreign entity and the surviving foreign entity such as name, UIN of the foreign entity and the name of the person resident in India concerned of both the foreign entities.Also furnish details of SDS of those foreign entity which shall merge. v.Merger of the foreign entity with the step down subsidiaries of the same person resident in India or another Furnish UIN of the merging foreign entity, the name of the person resident in India holding indirect stake in SDS, name of the SDS.
n subsidiaries of the same person resident in India or another Furnish UIN of the merging foreign entity, the name of the person resident in India holding indirect stake in SDS, name of the SDS. Level of SDS, name and country/ jurisdiction of SDS and immediate parent of SDS vi.Merger of foreign entity with an independent foreign company not having any relation with the IE/ RI/ Trust/ Society Furnish the detail of the foreign company such as name and address VIII Summary of the financial commitment (cumulative amount) in respect of the foreign entity
Equity Loan Guarantees issued/ other non-fund based financial commitment Guarantee invoked/ Other fund based financial commitment
IX Date wise details of remittances/ transaction (attach separate sheet if necessary)
Date of remittance /transaction Method of investment Category of investment Amount
X Fair value of the total disinvestment as per the valuation report and date of valuation report, wherever applicable
tance /transaction Method of investment Category of investment Amount
X Fair value of the total disinvestment as per the valuation report and date of valuation report, wherever applicable
92
XI Whether there is write off (i.e. the difference between the original amount (proportionate amount in case of partial disinvestment) of investment made and the amount of consideration received on account of disinvestment, where the latter is less than the former)? If yes, please provide the amount of write off
Equity Loan Others (please specify)
XII Amount repatriated on disinvestment (attach separate sheet if necessary)
Equity Loan Others (please specify)
XIII Amount repatriated since reporting of the last APR except the disinvestment proceeds
Equity
Loan
Others (please specify)
Declaration
(a) The transfer is subject to a price arrived on an arm’s length basis. Copies of the necessary documents/
valuation as required by the AD bank have been furnished to the AD bank.
(b) In case the transfer is on account of merger, amalgamation or demerger or on account of buyback of
foreign securities, such transfer, or liquidation (in case of liquidation of the foreign entity), it has the
approval of the competent authority as per the laws in India and/or the host country/jurisdiction, as the
case may be
(c) the transferor, in case of full disinvestment other than by way of liquidation, does not have any dues
outstanding for receipt, which the transferor is entitled to receive from the foreign entity as an investor in
equity capital and debt.
ment other than by way of liquidation, does not have any dues
outstanding for receipt, which the transferor is entitled to receive from the foreign entity as an investor in
equity capital and debt.
(d) the transferor has stayed invested for at least a year from the date of making ODI.
(e) All the remittances/ transactions have been reported to Reserve Bank and it reconciles with the
remittances / transaction details reported to the Reserve Bank.
(f) All the guarantees issued on behalf of the foreign entity and its SDS are either novated to another entity
or the guarantees are closed.
(g) In case any SDS has become the direct foreign entity as a result of disinvestment in the foreign entity
then it is certified that relevant sections of the Form FC with respect to all such SDS are submitted to
Reserve Bank through the AD bank for allotment of UIN.
(h) I/ We hereby certify that the information furnished above are true and correct. I/We also duly
acknowledge that if any information furnished by me/us is found to be false and/or incorrect, it
shall be construed that the reporting requirements under FEMA, 1999 have not been complied
with.
Place
Place
Date
Date
furnished by me/us is found to be false and/or incorrect, it
shall be construed that the reporting requirements under FEMA, 1999 have not been complied
with.
Place
Place
Date
Date
93
Signature and seal of authorised official of the IE / RI)
(Signature and seal of authorised official of the AD)
Name
Name
Designation
Designation
Tel. No.
Tel. No.
Email
Email
Instructions for filling up the Form FC
- The Form FC is required to be submitted to the designated AD bank by the person resident in India seeking to invest in the foreign entity, whether under Automatic Route or Approval Route.
- Under Approval Route, the Form FC after scrutiny, should be submitted by the AD bank, to the Reserve Bank as per the instructions in Para 3 of FEM (Overseas Investment) Directions, 2022.
- The Form FC is to be submitted while undertaking financial commitment in a foreign entity, at the time of sending outward remittance or making a financial commitment, whichever is earlier.
- In case of acquisition of equity capital on deferred payment basis in accordance with Regulation 7 of OI Regulations, the part of the consideration, payment of which is deferred by the person resident in India shall be treated as non-fund-based commitment and shall be reported accordingly. Subsequent remittance towards the payment of deferred consideration shall be reported in Form FC as conversion of non-fund-based commitment to equity capital.
nt and shall be
reported accordingly. Subsequent remittance towards the payment of deferred
consideration shall be reported in Form FC as conversion of non-fund-based commitment
to equity capital. This subsequent remittance will not be treated as fresh financial
commitment for the purpose of the investment limit. Thus, there will be two submissions in
case of deferred payment and in case of delay in any of the submissions, facility of Late
Submission Fee may be availed.
5) In the case of non-fund based financial commitment, Form FC can be submitted before
undertaking such financial commitment. Any change in the date of undertaking the financial
commitment or the validity date, as the case may be, in the submitted Form FC for such
financial commitment, shall be informed to the AD bank latest by the next working day from
the date of undertaking such financial commitment.
6) Any roll-over of a guarantee must be reported in Form FC.
7) Along with Section A and B of Form FC only the relevant section(s), as applicable, may be
submitted. For undertaking financial commitment, including roll-over and conversion of loan
n Form FC.
7) Along with Section A and B of Form FC only the relevant section(s), as applicable, may be
submitted. For undertaking financial commitment, including roll-over and conversion of loan
94
to equity, transaction details in Section C, declaration by the Indian entity/resident individual
in Section D and certificate by the Statutory Auditors of the Indian entity /group company,
as the case may be, in Section E shall be submitted.
8) While undertaking remittance towards acquisition of equity capital on deferred payment
basis, where Form FC was already submitted with duly filled Sections D & E, as non-fund
based commitment, these Sections may not be furnished again. A copy of the earlier
furnished Form FC may be submitted to AD for reference.
9) For subsequent remittances, Section A and B may not be filled unless there is any change
in the details of the person resident in India/ foreign entity/ SDS/ capital structure submitted
at the time of reporting of previous Form FC.
10) In case of issuance of guarantee by a group company, it shall be counted towards the
utilization of its financial commitment limit independently and if such group company has
any fund-based exposure to or from the Indian entity the same shall be deducted from the
Net worth of such group company for computing its financial commitment limit and shall be
reported accordingly as provided in Regulation 5(2) of OI Regulations.
the same shall be deducted from the
Net worth of such group company for computing its financial commitment limit and shall be
reported accordingly as provided in Regulation 5(2) of OI Regulations.
11) AD may ensure that any financial commitment by an Indian entity by way of loan is duly
backed by a loan agreement and that rate of interest as mentioned in such agreement is
charged on an arm’s length basis.
12) AD bank may ensure that as on the date of undertaking the actual financial commitment,
the person resident in India does not breach the limit of financial commitment prescribed by
Reserve Bank.
13) In case of personal guarantee issued by a resident individual promoter, such guarantee
shall be reckoned towards the financial commitment limit of the Indian entity.
14) In case more than one person resident in India is investing in the same foreign entity, Form
FC shall be submitted individually by all such investing persons to the designated branch of
the AD bank. The AD bank should report the forms online indicating details of each party.
The Reserve Bank would allot only one UIN to a foreign entity.
15) The level of step-down subsidiary (SDS) shall be calculated treating the foreign entity as the
parent. So, an SDS directly under the direct foreign entity should be treated as first level
SDS. Accordingly, an SDS under the first level SDS would be treated as second level SDS,
so on and so forth.
nt. So, an SDS directly under the direct foreign entity should be treated as first level
SDS. Accordingly, an SDS under the first level SDS would be treated as second level SDS,
so on and so forth.
16) Section F of Form FC is required to be submitted by such person resident in India whose
financial commitment changes as a result of the restructuring of the balance sheet of the
foreign entity. This should be submitted within 30 days from the date of such restructuring.
17) The Form FC is to be submitted while undertaking disinvestment in a foreign entity, within
30 days from the date of receipt of disinvestment proceeds (inward remittance). Where the
disinvestment proceeds are received in tranches in accordance with the agreement, each
such receipt shall be reported in Form FC.
18) All amounts of foreign currency (FCY) and Indian Rupees (INR) should be in actuals only.
95
- The name of the FCY may be indicated as per SWIFT code.
- The dates shall be in the format of DD/MM/YYYY.
- The activity code as per NIC 1987 and NIC 2008 shall be furnished.
- Each page of the Form FC should be duly signed and stamped with date by the person resident in India submitting the same.
- Reserve Bank reserves the right to put the information furnished here in the public domain.
FC should be duly signed and stamped with date by the person
resident in India submitting the same.
23) Reserve Bank reserves the right to put the information furnished here in the public domain.
96
Annex II
ANNUAL PERFORMANCE REPORT (APR) Note: all amounts should be in actuals. All the figures should be in a single foreign currency (FCY) I APR for the period From date
To Date
II Unique Identification Number (UIN)
III Capital structure as on the last day of the accounting year of the foreign entity
Amount
% share
i)
Indian
ii) Foreign
IV
Whether the Indian Entity (IE)/ Resident Individual (RI)/ Trust/ Society
has control in the foreign entity
Yes/ No
V
Change in the share holding pattern during the reporting year (Furnish the updated share holding
pattern, if applicable, in the foreign entity)
Person resident in India % Stake
Foreign partner(s)
% Stake
(1)
(1)
(2)
(2)
(3)
(3)
VI
Financial Position of the foreign entity for the last two years
Previous Year Current Year i) Net Profit/ (Loss)
ii) Dividend
iii) Net worth
VII Repatriation from the foreign entity
Current Year Since commencement of business (i) Dividend
(ii) Repayment of loan
(iii) Non-Equity Exports Realised (in INR)
(iv) Royalties
(v) Technical know-how Fees
(vi) Consultancy fees
(vii) Others (please specify)
VIII Profit
IX Retained earnings
X FDI by foreign entity/ SDS into India
XI
Technical know-how Fees
(vi) Consultancy fees
(vii) Others (please specify)
VIII Profit
IX Retained earnings
X FDI by foreign entity/ SDS into India
XI
Refund of excess share application
money
@Transaction No. -
97
@ Furnish 15 / 17-digit transaction number allotted by Reserve Bank allotted at the time of reporting of remittance in the online OID application. XII Furnish the details of acquisition or setting up or winding up or transfer of step-down subsidiary or subsidiaries of foreign entity during the reporting year in the format as provided, if applicable (attach separate sheet if the number of SDS is more than one) (i) Name, level and country/jurisdiction name of SDS
(ii) Name, level and country/jurisdiction name of the parent of SDS
(iii)
Investment amount and date of investment (if
any)
Currency:
Amount:
Date: (iv) Activity code as per 1987
Activity code as per 2008
(v) % Stake held in SDS
(vi) Is the activity of SDS into financial services (tick) Yes No (vii) Name, level and country/jurisdiction of SDS wound up during the reporting period, wherever applicable
Declaration from Indian entity/ resident individual (Strike out whichever is not applicable) I/We the Indian entity/ resident individual (wherever applicable) further confirm that: i.
plicable
Declaration from Indian entity/ resident individual (Strike out whichever is not applicable)
I/We the Indian entity/ resident individual (wherever applicable) further confirm that:
i.
Acquisition/ setting up/ winding up/transfer of the SDS and changes in the shareholding pattern of the foreign
entity since last APR have been reported as required in terms of Regulation 10(4)(c) of OI Regulations or
corresponding extant Regulations in case where the reporting is being done under the earlier overseas
investment framework** as stipulated by the Reserve Bank from time to time.
ii.
The structure of SDS is in compliance with the structural requirements of the foreign entity as provided in OI
Rules.
iii.
We have received share certificate/s (or any other evidence of investment as per the applicable laws of the
host jurisdiction) and submitted the same to the designated AD bank for verification within 6 months of making
the remittance/s for all investments/ capitalization which are reckoned as ODI in the foreign entity under this
UIN, as per Regulation 9 (1) of OI Regulations or corresponding extant Regulations in case where the
reporting is being done under the earlier overseas investment framework** as stipulated by the Reserve Bank
from time to time.
iv.
The previous APRs for the foreign entity under this UIN, have been filed.
v.
being done under the earlier overseas investment framework** as stipulated by the Reserve Bank
from time to time.
iv.
The previous APRs for the foreign entity under this UIN, have been filed.
v.
Repatriated to India, all dues receivable from the foreign entity under this UIN, as required under Regulation
9 (4) of OI Regulations or corresponding extant Regulations in case where the reporting is being done under
the earlier overseas investment framework** as stipulated by the Reserve Bank from time to time.
vi.
I/ We hereby certify that the information furnished above are true and correct. I/We also duly acknowledge
that if any information furnished by me/us is found to be false and/or incorrect, it shall be construed
that the reporting requirements under FEMA, 1999 have not been complied with.
Signature of the authorized official of the IE
approved by the Board/ RI
Stamp/ seal Name & Designation of the Authorized Official of the IE/ RI
Place
Date
Telephone No.
h. Signature of the authorized official of the IE approved by the Board/ RI
Stamp/ seal Name & Designation of the Authorized Official of the IE/ RI
Place
Date
Telephone No.
98
Certificate of the Statutory Auditor (in case of Indian entity) / Chartered Accountant in case of resident
individuals (strike out whichever is not applicable)
We hereby certify that:
i.
APR for the year ended _______is prepared on the basis of audited/ unaudited balance sheet of the foreign
entity for the year ended _________.
ii.
APR for the year ended _______is prepared on the basis of unaudited balance sheet of the foreign entity
since audit is not mandatory in host country/jurisdiction and the IE/RI does not have ‘control’ in the foreign
entity in compliance with explanation (a) to Regulation 10(4) of Foreign Exchange Management (Overseas
Investment) Regulations, 2022.
iii.
The IE/ RI repatriated to India, all dues receivable from the foreign entity under this UIN, as required under
Regulation 9 (4) of Foreign Exchange Management (Overseas Investment) Regulations, 2022 or
corresponding extant Regulations in case where the reporting is being done under the earlier overseas
investment framework** as stipulated by the Reserve Bank from time to time, and it has been verified from
the Foreign Inward Remittance Certificate issued by the AD bank/s.
Signature
of
the
Statutory
Auditors
/Chartered Accountant
Stamp/Seal Name of the audit firm, Registration number and UDIN
Place
Date
Certificate by the Authorized Dealer bank i.
re of the Statutory Auditors /Chartered Accountant
Stamp/Seal Name of the audit firm, Registration number and UDIN
Place
Date
Certificate by the Authorized Dealer bank i. In terms of Regulation 9 (1) of OI Regulations, the AD Bank has received the share certificate/s or any other document as evidence of investment as per the applicable laws of the host jurisdiction and we are satisfied about the bona fides of the documents so received. ii. The duly filled in Form (Annual Performance Report) was submitted by the Indian entity/resident individual on ___________ day of ___________ (month) ________________________ (year). iii. All the previous year APRs submitted by the (Name of the Indian entity/ resident individual) have been reported in the online OID application. Signature of the Authorized Official of the AD bank
Stamp/ seal Name and designation of the AD bank official
Place
Date
Instructions for filling up the Annual Performance Report (APR)
- A person resident in India acquiring equity capital in a foreign entity which is reckoned as ODI, shall submit an APR with respect to each foreign entity every year till the person resident in India is invested in such foreign entity, by December 31st and where the accounting year of the foreign entity ends on December 31st, the APR shall be submitted by December 31st of the next year.
- The APRs shall not be submitted in the following cases,
and where the accounting year of the foreign entity ends on December 31st, the APR shall be submitted by December 31st of the next year. 2) The APRs shall not be submitted in the following cases,
99
(i) If a person resident in India is holding less than 10 per cent of the equity capital
without control in the foreign entity and there is no other financial commitment
other than by way of equity capital.
(ii) When the foreign entity is under liquidation, from the date of initiation of the
liquidation process.
(iii) For the broken period (i.e. full year not completed) at the time of disinvestment.
However, the details of transactions if any that had been undertaken during the
time from the date of submission of the last APR till the date of
disinvestment/initiation of liquidation process may be duly reported in the Form
FC.
3) The APR shall be based on the audited financial statements of the foreign entity. Where the
person resident in India does not have ‘control’ in the foreign entity and the laws of the host
jurisdiction does not provide for mandatory auditing of the books of accounts, the APR may
be submitted based on unaudited financial statements certified as such by the statutory
auditor of the Indian entity or by a chartered accountant where the statutory audit is not
applicable including in case of resident individuals.
4) In case more than one person resident in India have made ODI in the same foreign entity,
the person resident in India holding the highest stake in the foreign entity shall be required
to submit APR.
n case more than one person resident in India have made ODI in the same foreign entity,
the person resident in India holding the highest stake in the foreign entity shall be required
to submit APR. In case of holdings being equal, APR may be filed jointly by such persons
resident in India. It is also clarified that where APR is required to be filed jointly, either one
investor may be authorized by other investors, or such persons may jointly file the APR.
5) The person resident in India shall report the details regarding acquisition/ setting up /
winding up/ transfer of an SDS or alteration in the shareholding pattern in the foreign entity
during the reporting year in the APR, failing which it shall amount to non-submission of
APR.
6) The person resident in India shall ensure that all the previous year APRs have been
submitted to the designated AD bank.
7) Capital structure (para III of form APR) should be in cumulative and the % stake should be
a total of all the persons resident in India in the foreign entity
8) In Para VII the figures under “since commencement of business” should be equal to or more
than the figure mentioned under current year.
9) In Para VII (ii), Redemption of preference shares (not in the nature of compulsorily
convertible preference shares (CCPS)) should also be reported.
10) In Para VII (vii), other receipts which are not mentioned in the table like interest on loan or
license fee etc. shall be mentioned.
vertible preference shares (CCPS)) should also be reported.
10) In Para VII (vii), other receipts which are not mentioned in the table like interest on loan or
license fee etc. shall be mentioned.
11) In Para IX, the part of the profits of the foreign entity which is retained and reinvested in
such foreign entity shall be mentioned. The retained earnings are to be calculated as per
the procedure laid down by the International Monetary Fund in the latest version of their
100
publication “Balance of Payments and International Investment Position Manual”. It is to be
noted that the negative retained earnings is to be treated as ‘0’ (zero).
12) The level of step-down subsidiary (SDS) shall be calculated treating the foreign entity as the
parent. So, an SDS directly under the foreign entity should be treated as first level SDS.
Accordingly, an SDS under the first level SDS would be treated as second level SDS and
so on and so forth.
13) In case of Para XII, the structure of SDS should be in compliance with the structural
requirements of the foreign entity i.e the structure of such subsidiary/ SDS shall also have
limited liability where the foreign entity’s core activity is not in strategic sector. The investee
entities of the foreign entity where such foreign entity does not have control may not be
treated as SDSs and therefore may not be reported.
14) In case of Para XII (vi), if the SDS is engaged in the activity of financial services, the
investment shall be in compliance to the provisions contained in Para 2 of Schedule I of OI
rules.
d.
14) In case of Para XII (vi), if the SDS is engaged in the activity of financial services, the
investment shall be in compliance to the provisions contained in Para 2 of Schedule I of OI
rules.
15) The activity code as per NIC 1987 and NIC 2008 shall be furnished.
16) The date may be mentioned in format DD/MM/YYYY format.
17) The name of the foreign currency (FCY) shall be indicated as per SWIFT code
18) Each page of the Form FC should be duly signed and stamped with date by the person
resident in India submitting the same.
19) All amounts of foreign currency (FCY) and Indian Rupees (INR) should be in actuals only.
101
Annex III
FORM OPI: Section A
(For the half year ended March/ September)
Note: To be filed by a person resident in India, other than a resident individual, making any Overseas Portfolio
Investment (OPI) or transferring such investment during the reporting period (Only relevant sections of this form, as
applicable, may be used)
All amounts should be in actuals
I Name and Code of Reporting AD bank:
II Particulars of the Indian Entity/Mutual Fund (MF)
i. Name of Indian entity/ MF
ii. LEI of Indian entity/ MF
iii. PAN
iv. Address of Indian entity/ MF
v. City
vi. State
vii. PIN code
viii. Net worth in INR (in case of Indian
entity) as per last audited balance
sheet
As
on
date
(Please mention
date)
ix
Whether the IE is listed
Yes / No
x Contact person
(name & designation)
xi Mobile number xii E-mail ID A.
n
entity) as per last audited balance
sheet
As
on
date
(Please mention
date)
ix
Whether the IE is listed
Yes / No
x Contact person
(name & designation)
xi Mobile number xii E-mail ID A. OPI by Indian entity (Please refer to Schedule II & Proviso 2(iii) of Schedule V of OI Rules)
USD INR i Net Amount of Investment held abroad (opening balance) at cost basis
ii Investments made during the half year (including reinvestment)
iii Sale/disinvestment made during the half year *
iv Net amount of Investment held abroad (closing balance) (I+II-III)
Remittance amount
Repatriation amount
B. OPI by resident individuals by way of ESOP/ Employee Benefits Scheme (EBS) (Please refer to Para 1 (2) (iii)(h) and para 3 of Schedule III of OI Rules) (reporting to be made by by the company/ branch/ office, as the case may be
102
USD INR i Net Amount of ESOP/ EBS Investment held abroad (Opening Balance) at cost basis
ii Investments made during the Half Year (including reinvestment)
iii Disinvestments made during the Half Year *
iv Net amount of Investments held abroad (Closing Balance) (I+II-III)
Remittance Amount
Repatriation Amount
Consolidated details of Employee Stock Ownership Plan (ESOP)/ Employee Benefits Scheme should be reported as under by the company/ branch/ office, as the case may be
a. We, ……………………………………….... (Indian Company / Office / Branch), hereby declare that:
M/s. ……………………………………………..……….
hould be reported as under by the company/ branch/ office, as the case may be
a. We, ……………………………………….... (Indian Company / Office / Branch), hereby declare that:
M/s. ……………………………………………..………. (foreign company) has issued ……….(nature) equity capital/ % interest to our employees / directors under ESOP/ Employee Benefits Scheme during the half year as under: (i) Equity capital/% interest allotted: (ii) Number of employees/ Directors who accepted shares/ interest:
b. We, ……………………………………….... (Indian Company / Office / Branch), hereby declare that:
M/s. ……………………………………………..………. (foreign company) has repurchased …….. (nature) equity capital from our employees /directors under ESOP/ Employee Benefits Scheme during the half year as under: (i) equity capital repurchased: (ii) Number of employees / Directors who sold equity capital/ interest:
C. OPI by Mutual Funds (please refer to Para 2 of Schedule IV of OI Rules)
Opening balance Purchase/ acquired Sale/ disinvested* Closing balance Remittance from India Repatriation to India
USD INR USD INR USD INR USD INR USD INR USD INR i Equity
ii Debt Instruments
iii ADR/GDR
from India Repatriation to India
USD INR USD INR USD INR USD INR USD INR USD INR i Equity
ii Debt Instruments
iii ADR/GDR
103
iv ETF (Securities)
v Mutual Funds
vi Others (Specify)
Total (C)
- The disinvestment amount should correspond to the actual investment amount made and not the sale/market value
on which disinvestment took place
Form OPI: Section B
Reporting of the Overseas Portfolio Investment (OPI) by Venture Capital Fund (VCF)/ Alternate Investment
Fund (AIF)
I
Particulars of the Indian entity/ resident individual (RI) who has promoted/ invested in VCF/ AIF (Attach
Separate sheet if there are multiple Indian entities/ RIs)
i.
Name of the Indian entity/ RI
ii. LEI of Indian entity
iii. PAN
iv. Group to which the entity belongs v. Activity code of the Indian entity (1987 NIC code at 3-digit level) (2008 NIC code at 5- digit level) vi. Address of the Indian entity/ RI vii. City viii. State ix. PIN code x. Name of the contact person xi. Designation of the contact person xii. Telephone No. xiii. Mobile No. of the contact person xiv. Fax No. xv. Email II Particulars of the Indian Company/ RI who manages the VCF/ AIF
i. Name of the Indian entity/ RI ii. PAN
n
xii. Telephone No.
xiii. Mobile No. of the contact person
xiv. Fax No.
xv. Email
II
Particulars of the Indian Company/ RI who manages the VCF/ AIF
i. Name of the Indian entity/ RI
ii. PAN
104
iii. Group to which the entity belongs iv. Activity code of the Indian Company (1987 NIC at 3-digit level (2008 NIC at 5-digit level) v. Address of the Indian entity/ RI vi. City vii. State viii. PIN code ix. Name of the contact person x. Designation of the contact person xi. Telephone No. xii. Mobile No. of the contact person xiii. Fax No. xiv. Email III Particulars of the VCF/ AIF i. Name of the VCF/AIF ii. Date of the SEBI Approval iii. Limit of the Overseas investment granted by SEBI (Amount in actuals in USD)
IV OPI by VCF/AIF (please refer to Para 2 of Schedule IV of OI Rules)
Opening Balance Purchase/ acquired Sale/ disinvested Closing Balance Remittance from India Repatriation to India
USD INR USD INR USD INR USD INR USD INR USD INR i Equity
ii Equity linked instrument
iii Other permissible instrument (furnish the details of instrument)
Total
i Equity
ii Equity linked instrument
iii Other permissible instrument (furnish the details of instrument)
Total
105
Section C Certificate from Indian entity/ Mutual Fund/AIF/VCF (Strike out whichever is not applicable) We, the Indian entity/ Mutual Fund/ AIF/ VCF further confirm that the investment made as above are in compliance with the provisions contained in OI Rules. All the transactions effected during the half year are included above and we hereby certify that the information furnished above are true and correct. We also duly acknowledge that if any information furnished by us is found to be false and/or incorrect, it shall be construed that the reporting requirements under FEMA,1999 have not been complied with. Signature of the authorized official of the Indian entity approved by the Board or equivalent body, as the case may be/ Mutual Fund/ AIF/ VCF
Stamp/Seal
Name & designation of the Authorized Official of the Indian entity/ Mutual Fund/ AIF/ VCF
Place
Date
Telephone No.
Email ID
Instructions for filling up Form OPI
- In the case of Mutual Funds, the details of Indian entity responsible for filing the Form OPI (i.e Promoter/ AMC of that Mutual Fund, as decided by the Mutual Fund), may be indicated in Section A (details of Indian entity), along with mentioning the name of the Mutual Fund.
ing the Form OPI (i.e
Promoter/ AMC of that Mutual Fund, as decided by the Mutual Fund), may be indicated in
Section A (details of Indian entity), along with mentioning the name of the Mutual Fund.
2) Section C for Mutual Fund/ AIF/ VCF may be filled in by the Indian entity responsible to file the
Form OPI (as designated by the fund).
3) The date may be mentioned in format DD/MM/YYYY format.
4) All amounts should be in actuals only.
106
Part IX: Trade
- Exports
(a) EDF Form (Annex I): Export Declaration Form (EDF) is used to declare export
of goods from Non-EDI ports.
(b) Softex form (Annex II): All software exporters are required to file single as well as bulk SOFTEX form in excel format to the competent authority for certification.
(c) Advance Payments against 96Long term Exports 97(Annex III): AD Category- I banks can also allow exporters having a minimum of three years’ satisfactory track record to receive long term export advance up to a maximum tenor of 10 years to be utilized for execution of long term supply contracts for export of goods subject to conditions specified. Receipt of such advance of USD 100 million or more should be immediately intimated to the Trade Division, Foreign Exchange Department, Central Office, Reserve Bank of India.
(d) AD Category–I banks are advised to efficiently follow up with the concerned exporters in order to ensure that export performance (shipments in case of export of goods) is completed within the stipulated time period.
s are advised to efficiently follow up with the concerned
exporters in order to ensure that export performance (shipments in case of
export of goods) is completed within the stipulated time period. It is further
reiterated that AD category–I banks should exercise proper due diligence and
ensure compliance with KYC and AML guidelines so that only bonafide export
advances flow into India. Doubtful cases as also instances of chronic defaulters
may be referred to Directorate of Enforcement (DoE) for further investigation. 98
(e) 99Omitted
(f) Taking into account the recommendation made by the Technical Committee on
Facilities and Services to the Exporters (Chairman: Shri G. Padmanabhan), AD
banks were permitted to factor the export receivables on a non-recourse basis,
so as to enable the exporters to improve their cash flow and meet their working
capital requirements subject to conditions as under: After factoring, the Export
Factor may close the export bills and report the same in the Export Data
Processing and Monitoring System (EDPMS) of the Reserve Bank of India.
(https://www.edpms.rbi.org.in)
96 Omitted earlier by oversight, now inserted
97 Format omitted earlier by oversight, now inserted
98 Deleted/ discontinued vide AP (DIR Series) Circular No.74 dated May 26, 2016. Prior to deletion it read as “A
quarterly statement indicating details of such cases may be forwarded to the concerned Regional Offices of RBI
within 21 days from the end of each quarter.
26, 2016. Prior to deletion it read as “A
quarterly statement indicating details of such cases may be forwarded to the concerned Regional Offices of RBI
within 21 days from the end of each quarter. (Annex III)”
99 The submission of fortnightly and quarterly reports to RBI on balances of DDA accounts and opening/ closing
of DDA accounts has since been done away with vide AP (DIR Series) circular No. 54 dated March 23, 2016 and
FEM (Foreign Currency Accounts by a person Resident in India) Regulations, 2015 with effect from January 21,
2016
107
(g) Follow-up of Overdue Bills: With operationalization of EDPMS on March 01,
2014, realization of all export transaction for shipping documents after February
28, 2014 should be reported in EDPMS. 100Details of old outstanding bills, prior
to March 01, 2014 as reported by AD banks up to half year ended December
31, 2015 have been migrated to EDPMS. Hence, separate reporting of XOS has
been discontinued. AD category – I banks are required to mark off / close the
XOS data in EDPMS pertaining to period before (pre) March 01, 2014 as and
when amount is realised (https://www.edpms.rbi.org.in)
(h) AD banks should report write off of export bills through EDPMS to the Reserve
Bank.
taining to period before (pre) March 01, 2014 as and
when amount is realised (https://www.edpms.rbi.org.in)
(h) AD banks should report write off of export bills through EDPMS to the Reserve
Bank. (https://www.edpms.rbi.org.in)
(i) EFC (Application for opening foreign currency account with a bank in India or
abroad by exporters) (Annex V)
(j) To facilitate e-commerce, it has been decided to permit AD Category-l banks to
offer the facility of receipt/payment of/for export proceeds/imports by entering
into standing arrangements with the OPGSPs. AD Category-I banks desirous of
entering into such an arrangement/s should report the details of each such
arrangement as and when entered into to the Foreign Exchange Department,
Central Office, Reserve Bank of India, Mumbai.
E
100 Inserted vide AP (DIR Series) Circular No.74 dated May 26, 2016 with effect from June 15, 2016. Prior to insertion it read as “and old outstanding shipping bills prior to March 01, 2014 should continue to be reported in XOS till completion of the cycle”
, 2016 with effect from June 15, 2016. Prior to insertion it read as “and old outstanding shipping bills prior to March 01, 2014 should continue to be reported in XOS till completion of the cycle”
108
Part IX: Annex I
Export Declaration Form
2. General Information:
Customs Security No.:
Form No:
Nature of Cargo:
[ ]
Government [
] Non-Government
Shipping Bill No. & Date:
Mode of Transport: [ ] Air [ ] Land
[ ] Sea [ ] Post/Couriers [ ] others
Category of Exporter: [ ] Custom (DTA
units) [ ] SEZ [ ] Status holder exporters
[ ] 100% EOU [ ] Warehouse export [
] others (Specify).......
RBI approval no. & date, if any:
IE Code:
AD code:
Exporters Name & Address:
AD Name & Address:
Consignee’s Name & Address:
Mode of Realisation: [ ] L/C [ ] BG [ ] Others
(advance payment, etc. including transfer/remittance to bank
account maintained overseas )
Port of Loading / Source Port in case of SEZ:
Third Party name & Address (In case of third
Party Payments for Exports)
Country of Destination:
Port of Discharge:
Name of the Indian bank and AD code, in case of
LC/BG
Whether payment to be
Received through ACU?
[ ] Yes [ ] No
Let Export order (LEO) Date:
General Commodity Description:
State of Origin of Goods:
Total FOB value in words (INR):
Custom Assessable value (INR)*:
3.
] Yes [ ] No
Let Export order (LEO) Date:
General Commodity Description:
State of Origin of Goods:
Total FOB value in words (INR):
Custom Assessable value (INR)*:
3. Invoice –Wise details of Export Value
(If more than one invoice for a particular shipping bill , the block 2 will repeat as many times of invoices)
Invoice No.
Invoice date.
Invoice Currency:
Invoice Amount:
Nature of Contract:
[ ] FOB [ ] CIF [ ] C&F
[ ] CI [ ] Others
Particulars
Currency
Amount in FC
Exchange Rate
Amount (INR)
FOB Value
Freight
Insurance
Commission
Discount
Other Deduction
109
Packing Charges
Net Realisable value
EXPORT DECLARATION FORM
-
Applicable for Export under FPO/Couriers
Stamp & Signature of Authorised Dealer -
Declaration by the Exporters (All types of exports)
I /We hereby declare that I/we @am/are the seller/consignor of the goods in respect of which this declaration is made and that the particulars given above are true and that the value to be received from the buyer/third party represents the export value contracted and declared above.
which this declaration is made and that the particulars given above are true and that the value to be received from the buyer/third party represents the export value contracted and declared above. I/We undertake that I/we will deliver to the authorised dealer bank named above the foreign exchange representing the full value of the goods exported as above on or before........................ (i.e. within the period of realisation stipulated by RBI from time to time ) in the manner specified in the Regulations made under the Foreign Exchange Management Act, 1999.
I/We @ am/are not in the Caution List of the Reserve Bank of India.
Date: (Signature of Exporter)
5. Space for use of the competent authority (i.e. Custom/SEZ) on behalf of Ministry concerned:
Certified, on the basis of above declaration by the Custom/SEZ unit, that the Goods described above and the export value declared
by the exporter in this form is as per the corresponding invoice/gist of invoices submitted and declared by the Unit.
he Custom/SEZ unit, that the Goods described above and the export value declared by the exporter in this form is as per the corresponding invoice/gist of invoices submitted and declared by the Unit.
Date:
(Signature of Designated/Authorised officials of Custom /SEZ)
@ Strike out whichever is not applicable.
- Unit declared Value in case of exports affected from SEZs
110
Part IX: Annex II
Format of Softex Forms submitted in bulk for royalty receipt
Summary Sheet
Section A
Name and address of Exporter
IEC Code.
Letter of Permission (LOP)
No.(STP/EHTP/SEZ/EPZ/100% EOU/DTA Unit)
Date of LOP issued
Name of Authorised Datacom Service Provider
STPI/SEZ centre
Name and address of Authorised Dealer/Bank
Authorized Dealer Code
Section - B
List of Invoices for offshore export value through datacom link
Details of invoices for Royalty on software Packages/ products exported
during the Period raised from _____________ to _____________
Sl
N
o
SOF
TEX
No
Name
of
Client
Add
ress
of
Clie
nt
Cou
ntry
Curr
ency
Invoi
ce
Num
ber
Invoice
Date
(DD/MM
/YYYY)
Unique
Internal
Project
code/Co
ntract/
Agreem
ent/PO
Date
Offs
hore
Exp
ort
valu
e in
Inovi
ce
curr
ency
Type of
softw
are
Expo
rted
e
Date
(DD/MM
/YYYY)
Unique
Internal
Project
code/Co
ntract/
Agreem
ent/PO
Date
Offs
hore
Exp
ort
valu
e in
Inovi
ce
curr
ency
Type of
softw
are
Expo
rted
Details of Software Packages / Products
exported
Mo
de of
real
isat
ion of
Ro
yalt
y
val
ue
Cal
cul
atio
n of
Ro
yalt
y
am
oun
t
GR/SDF
/PP/SOF
TEX
/EDF Form
No. on
which
exports
were
declared
Date
of
Exp
ort
Royalty agreement
details
% age
and
amou
nt of
royalt
y
Period of
Royalty
agreem
ent
SECTION - C
DECLARATION BY EXPORTER
I/ We@ hereby declare that I/we@ am/are@ the seller of the software in respect of which this declaration is made and that the
particulars given above are true and that the value to be received from the buyer represents the export value contracted and
declared above. I/ We@ also declare that the software has been developed and exported by using Authorised and legitimate
datacom link and certified that the software described above was actually transmitted. I/ We@ undertake that I/ we@ will deliver
to the authorised dealer bank named above the foreign exchange representing the full value of the software exported as above
on or before........................ (i.e.
take that I/ we@ will deliver
to the authorised dealer bank named above the foreign exchange representing the full value of the software exported as above
on or before........................ (i.e. within the period of realisation stipulated by RBI from time to time) in the manner specified in
the Regulations made under the Foreign Exchange Management Act, 1999.
I/ We @ am/ are not in the Caution List of the Reserve Bank of India.
Place:
Date:
(Signature of Exporter)
Name:
Designation
Space for use of the competent authority in STPI/EPZ/SEZ
Certified, on the basis of above declaration by the SEZ/ STPI unit, that the software described above and the export
value declared by the exporter in this form is as per the corresponding invoice/gist of invoices submitted and declared
by the Unit.
Place:
Date:
(Signature of the Designated/ Authorised
Official of STPI/EPZ/SEZ )
Name:
Designation
@ Strike out whichever is not
applicable
nvoices submitted and declared
by the Unit.
Place:
Date:
(Signature of the Designated/ Authorised
Official of STPI/EPZ/SEZ )
Name:
Designation
@ Strike out whichever is not
applicable
111
Format of Softex Forms submitted in bulk
Summary Sheet
Section A
Name and address of Exporter
IEC Code.
Letter of Permission (LOP)
No.(STP/EHTP/SEZ/EPZ/100%
EOU/DTA Unit)
Date of LOP issued
Name of Authorised Datacom Service Provider
STPI/SEZ centre
Name and address of Authorised Dealer/Bank
Authorized Dealer Code
Section - B
List of Invoices for offshore export value through datacom link
Period of invoices raised from _____________ to _____________
Sl
N
o
SOF
TEX
No
Name
of
Client
Add
ress of
Clie
nt
Cou
ntry
Internal
Project
Code/
Contract/
Agreement
No & date
Type of
S/W
Exported
Mode of
realisati
on
Invoi ce
Num
ber
Invoi ce
Date
(DD/
MM/
YY)
Currency
Analysis of Export Value
Val
ue of
soft
war
e
Exp
ort
(A)
Trans
missi on
Charg
e
(B)
Commis
sion
(C)
De duc
tion
(D)
Net
Re
alis
abl e
val
ue
[A+
B)(C+
D)]
SECTION - C DECLARATION BY EXPORTER
SECTION - C
DECLARATION BY EXPORTER
I/ We@ hereby declare that I/we@ am/are@ the seller of the software in respect of which this declaration is made and that the
particulars given above are true and that the value to be received from the buyer represents the export value contracted and
declared above. I/ We@ also declare that the software has been developed and exported by using Authorised and legitimate
datacom link and certified that the software described above was actually transmitted. I/ We@ undertake that I/ we@ will deliver
to the authorised dealer bank named above the foreign exchange representing the full value of the software exported as above
on or before........................ (i.e. within the period of realisation stipulated by RBI from time to time) in the manner specified in
the Regulations made under the Foreign Exchange Management Act, 1999.
I/ We @ am/ are not in the Caution List of the Reserve Bank of India.
Place:
Date:
(Signature of Exporter)
Name:
Designation
Space for use of the competent authority in STPI/EPZ/SEZ
Certified, on the basis of above declaration by the SEZ/ STPI unit, that the software described above and the export
value declared by the exporter in this form is as per the corresponding invoice/gist of invoices submitted and declared
by the Unit.
SEZ/ STPI unit, that the software described above and the export
value declared by the exporter in this form is as per the corresponding invoice/gist of invoices submitted and declared
by the Unit.
Place:
Date:
(Signature of the Designated/ Authorised
Official of STPI/EPZ/SEZ )
Name:
Designation
@ Strike out whichever is not
applicable
112
101Omitted
101 Deleted/ discontinued vide AP (DIR Series) Circular No.74 dated May 26, 2016
113
102Part IX: Annex III
Reporting of Long term Advance of USD 100 million & more
Name and Address of the Exporter:
PAN No. of the Exporter:
Name, address and relationship with the overseas supplier from whom long term advance
has been availed of:
Company review:
Nature of
business
Number of years the
party has been dealing
with the bank
Details of existing
facilities with the
Bank
Export to total domestic sales
ratio (last three years average)
Details of long term advance:
Total
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