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Master Direction – Reporting under Foreign Exchange Management Act, 1999 ( Updated as on April 01, 2026 )

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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*) (Updated as on September 16, 2024*) (Updated as on June 20, 2024*) (Updated as on May 12, 2023*) (Updated as on September 30, 2022*) (Updated as on August 22, 2022*) (Updated as on June 09, 2022*) (Updated as on June 08, 2021*)
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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.

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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:

  1. Bankers' confidential Report
  2. 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.

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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

  1. 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: _____________________

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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: _____________________

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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.

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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: ___________________________

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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: ______________________

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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

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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

  1. Certificate of Incorporation
  2. Memorandum (up-to-date) and Articles of Association
  3. Board resolution for conducting money transfer activities, submission of application and its contents including authorization of an official to make the application.
  4. Details of associates, group companies, etc.
  5. PAN Card/s of the Director/s.
  6. Bank Account details and sealed confidential reports from 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.

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

  1. Opening balance in the account (Cr/Dr) at the start of : _________________

  2. Total credits during the month

: _________________

  1. Total debits during the month

: _________________

  1. Closing balance (Cr/Dr) as on

: _________________

  1. 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)

  1. Funds held abroad as collateral by the bank or under : _________________
    DDA procedure.

  2. 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.

  1. Surplus /deficit in balances/collaterals in the account to: _________________
    cover item No.5

  2. 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.

  1. 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.

  1. 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

  1. 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.’
  2. 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.

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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:

  1. 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: ______________________________________________________


  1. 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:

  1. 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.

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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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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

  1. 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.
  2. 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

  1. 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

  1. 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.
  2. 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.

  1. 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

  1. 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:

  1. Application for raising ECB under the Approval Route and for allotment of Loan Registration Number (LRN) for ECB - Form ECB (Annex I)
  2. Reporting of actual transactions of ECB - ECB 2 Return (Annex II)
  3. Form for reporting of details of Trade Credit – Form TC (Annex III)
  4. 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.

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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.”

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Part VI: Annex II Monthly data on non-resident deposits

Non-Resident Deposits - Comprehensive Single Return: Format for XBRL-based reporting system

  1. 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

  1. 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).

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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

  1. 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)

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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.

Email

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.

Email

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.

Email

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.

Email

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.

Email

Email

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

  1. 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.
  2. 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.
  3. 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.
  4. 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.

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  1. The name of the FCY may be indicated as per SWIFT code.
  2. The dates shall be in the format of DD/MM/YYYY.
  3. The activity code as per NIC 1987 and NIC 2008 shall be furnished.
  4. Each page of the Form FC should be duly signed and stamped with date by the person resident in India submitting the same.
  5. 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.

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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. -

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@ 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.

Email

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.

Email

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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

Email

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

Email

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)

  1. 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.
  2. 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,

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(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.

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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

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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

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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

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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

  1. 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.

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Part IX: Trade

  1. 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

  1. Applicable for Export under FPO/Couriers

     Stamp & Signature of Authorised Dealer   
    
  2. 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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