CONTENTS Sr.No. Name of Form 1 Advance Reporting Form 2 FC-GPR 3 Form ODI 4 Miscellaneous Remittance by Resident Individuals 5 Form A2 6 15CA 7 15CB 8 Form FC-TRS 9 Form 83 10 Form ECB2 11 Annual Return
Annex - 6 [PART I, Section V, para 1 (i) ] Report by the Indian company receiving amount of consideration for issue of shares / Convertible debentures under the FDI Scheme ( To be filed by the company through its Authorised Dealer Category I bank, with the Regional Office of the Reserve Bank under whose jurisdiction the Registered Office of the company making the declaration is situated, not later than 30 days from the date of receipt of the amount of consideration, as specified in para 9 (I) (A) of Schedule I to Notification No. FEMA 20/2000- RB dated May 3, 2000 ) Permanent Account Number (PAN) of the investee company given by the IT Department No. Particulars (In Block Letters) 1. Name of the Indian company Address of the Registered Office 2 Fax Telephone e-mail Details of the foreign investor/ collaborator Name Address Country 3. Date of receipt of funds 4. Amount In foreign currency In Indian Rupees 5. Whether investment is under Automatic Route or Approval Route Automatic Route / Approval Route If Approval Route, give details (ref. no. of approval and date) Website :www.fema.rbi.org.in 72 Email : fedcofid@rbi.org.in
6. Name of the AD through whom the remittance is received 7. Address of the AD A Copy of the FIRC evidencing the receipt of consideration for issue of shares/ convertible debentures as above is enclosed. (Authorised signatory of the investee company) (Stamp) (Authorised signatory of the AD) (Stamp) FOR USE OF THE RESERVE BANK ONLY: Unique Identification Number for the remittance received: Website :www.fema.rbi.org.in 73 Email : fedcofid@rbi.org.in
Annex - 7 [PART I, Section V, para 1 (i) ] Know Your Customer (KYC) Form in respect of the non-resident investor Registered Name of the Remitter / Investor (Name, if the investor is an Individual) Registration Number (Unique Identification Number* in case remitter is an Individual) Registered Address (Permanent Address if remitter Individual) Name of the Remitter s Bank Remitter s Bank Account No. Period of banking relationship with the remitter * Passport No., Social Security No, or any Unique No. certifying the bonafides of the remitter as prevalent in the remitter s country We confirm that all the information furnished above is true and accurate as provided by the overseas remitting bank of the non-resident investor. (Signature of the Authorised Official of the AD bank receiving the remittance) Date : Place: Stamp : Website :www.fema.rbi.org.in 74 Email : fedcofid@rbi.org.in
FC-GPR Annex - 8 [PART I, Section V, para 1 (iii) ] PART - A (To be filed by the company through its Authorised Dealer Category I bank with the Regional Office of the RBI under whose jurisdiction the Registered Office of the company making the declaration is situated as and when shares / convertible debentures are issued to the foreign investor, along with the documents mentioned in item No. 4 of the undertaking enclosed to this Form) Permanent Account Number (PAN) of the investee company given by the Income Tax Department Date of issue of shares / convertible debentures No. 1. Name Particulars (In Block Letters) Address of the Registered Office State Registration No. given by Registrar of Companies Whether existing company or new company (strike off whichever is not applicable) Existing company / New company If existing company, give registration number allotted by RBI for FDI, if any Telephone Fax e-mail Website :www.fema.rbi.org.in 75 Email : fedcofid@rbi.org.in
2. Description of the main business activity NIC Code Location of the project and NIC code for the district where the project is located Percentage of FDI allowed as per FDI policy State whether FDI is allowed under Automatic Route / Approval Route Automatic Route or Approval Route (strike out whichever is not applicable) 3 Details of the foreign investor / collaborator Name Address Country Constitution / Nature of the investing Entity [Specify whether 1. Individual 2. Company 3. FII 4. FVCI 5. Foreign Trust 6. Private Equity Fund 7. Pension / Provident Fund 8. Sovereign Wealth Fund (SWF) 23 9. Partnership / Proprietorship Firm 10. Financial Institution 11. NRIs / PIO 12. Others (please specify)] Date of incorporation If there is more than one foreign investor/collaborator, separate Annex may be included for items 3 and 4 of the Form. Website :www.fema.rbi.org.in 76 Email : fedcofid@rbi.org.in
4 Particulars of Shares / Convertible Debentures Issued (a) Nature and date of issue Nature of issue Date of issue Number of shares/ convertible debentures 01 IPO / FPO 02 Preferential allotment / private placement 03 Rights 04 Bonus 05 Conversion of ECB 06 Conversion of royalty (including lump sum payments) 07 Conversion against import of capital goods by units in SEZ 08 ESOPs 09 Share Swap 10 Others (please specify) Total (b) Type of security issued No. Nature of security Number Maturity Face value 01 Equity 02 Compulsorily Convertible Debentures 03 Compulsorily Convertible Preference shares 04 Others (please specify) Total Premium Issue Price per share Amount of inflow* i) In case the issue price is greater than the face value please give break up of the premium received. ii) * In case the issue is against conversion of ECB or royalty or against import of capital goods by units in SEZ, a Chartered Accountant's Certificate certifying the amount outstanding on the date of conversion (c) Break up of premium Amount Control Premium Non competition fee Others @ Total 23 SWF means a Government investment vehicle which is funded by foreign exchange assets, and which manages those assets separately from the official reserves of the monetary authorities. Website :www.fema.rbi.org.in 77 Email : fedcofid@rbi.org.in
@ please specify the nature (d) Total inflow (in Rupees) on account of issue of shares / convertible debentures to non-residents (including premium, if any) vide (i) Remittance through AD: (ii) Debit to NRE/FCNR A/c with Bank (iii) Others (please specify) Date of reporting of (i) and (ii) above to RBI under Para 9 (1) A of Schedule I to Notification No. FEMA 20 /2000-RB dated May 3, 2000, as amended from time to time. (e) Disclosure of fair value of shares issued** We are a listed company and the market value of a share as on date of the issue is* We are an un-listed company and the fair value of a share is* ** before issue of shares *(Please indicate as applicable) 5. Post issue pattern of shareholding Equity Compulsorily convertible Preference Shares/ Debentures Investor category a) Non-Resident 01 Individuals 02 Companies 03 FIIs 04 FVCIs 05 Foreign Trusts 06 Private Equity Funds 07 Pension/ Provident Funds 08 Sovereign Wealth Funds 09 Partnership/ Proprietorship Firms 10 Financial Institutions 11 NRIs/PIO 12 Others (please specify) b) Resident Total Sub Total Website :www.fema.rbi.org.in 78 Email : fedcofid@rbi.org.in
DECLARATION TO BE FILED BY THE AUTHORISED REPRESENTATIVE OF THE INDIAN COMPANY: (Delete whichever is not applicable and authenticate) We hereby declare that: 1. We comply with the procedure for issue of shares / convertible debentures as laid down under the FDI scheme as indicated in Notification No. FEMA 20/2000-RB dated 3 rd May 2000, as amended from time to time. 2. The investment is within the sectoral cap / statutory ceiling permissible under the Automatic Route of RBI and we fulfill all the conditions laid down for investments under the Automatic Route namely (strike off whichever is not applicable). a) Foreign entity/entities (other than individuals), to whom we have issued shares have existing joint venture or technology transfer or trade mark agreement in India in the same field and Conditions stipulated at Para 4.2 of Consolidated FDI policy Circular of Government of India have been complied with. OR Foreign entity/entities (other than individuals), to whom we have issued shares do not have any existing joint venture or technology transfer or trade mark agreement in India in the same field. For the purpose of the 'same' field, 4 digit NIC 1987 code would be relevant. b) We are not an Industrial Undertaking manufacturing items reserved for small sector. OR We are an Industrial Undertaking manufacturing items reserved for small sector and the investment limit of 24 % of paid-up capital has been observed/ requisite approvals have been obtained. c) Shares issued on rights basis to non-residents are in conformity with Regulation 6 of the RBI Notification No FEMA 20/2000-RB dated 3 rd May 2000, as amended from time to time. Shares issued are bonus. OR OR Shares have been issued under a scheme of merger and amalgamation of two or more Indian companies or reconstruction by way of de-merger or otherwise of an Indian company, duly approved by a court in India. Website :www.fema.rbi.org.in 79 Email : fedcofid@rbi.org.in
OR Shares are issued under ESOP and the conditions regarding this issue have been satisfied 3. Shares have been issued in terms of SIA /FIPB approval No. dated 4. We enclose the following documents in compliance with Paragraph 9 (1) (B) of Schedule 1 to Notification No. FEMA 20/2000-RB dated May 3, 2000: (i) (ii) A certificate from our Company Secretary certifying that (a) all the requirements of the Companies Act, 1956 have been complied with; (b) terms and conditions of the Government approval, if any, have been complied with; (c) the company is eligible to issue shares under these Regulations; and (d) the company has all original certificates issued by authorised dealers in India evidencing receipt of amount of consideration in accordance with paragraph 8 of Schedule 1 to Notification No. FEMA 20/2000-RB dated May 3, 2000. A certificate from Statutory Auditors / SEBI registered Category I Merchant Banker / Chartered Accountant indicating the manner of arriving at the price of the shares issued to the persons resident outside India. 5. Unique Identification Numbers given for all the remittances received as consideration for issue of shares/ convertible debentures (details as above), by Reserve Bank. R... R (Signature of the Applicant)* : (Name in Block Letters) : (Designation of the signatory) : Place: Date: (* To be signed by Managing Director/Director/Secretary of the Company) Website :www.fema.rbi.org.in 80 Email : fedcofid@rbi.org.in
CERTIFICATE TO BE FILED BY THE COMPANY SECRETARY 24 OF THE INDIAN COMPANY ACCEPTING THE INVESTMENT: (As per Para 9 (1) (B) (i) of Schedule 1 to Notification No. FEMA 20/2000-RB dated May 3, 2000) In respect of the abovementioned details, we certify the following : 1. All the requirements of the Companies Act, 1956 have been complied with. 2. Terms and conditions of the Government approval, if any, have been complied with. 3. The company is eligible to issue shares / convertible debentures under these Regulations. 4. The company has all original certificates issued by AD Category I banks in India, evidencing receipt of amount of consideration in accordance with paragraph 8 of Schedule 1 to Notification No. FEMA 20/2000-RB dated May 3, 2000. (Name & Signature of the Company Secretary) (Seal) FOR USE OF THE RESERVE BANK ONLY: Registration Number for the FC-GPR: Unique Identification Number allotted to the Company at the time of reporting receipt of remittance R 24 If the company doesn t have a full time Company Secretary, a certificate from a practicing Company Secretary may be submitted. Website :www.fema.rbi.org.in 81 Email : fedcofid@rbi.org.in
Annex - A FORM ODI PART I For office use only Date of Receipt ---------------- Inward No. ----------------- (I) Investment under (i) Automatic Route Section A: Details of Indian Party (ii) Approval Route (In case there is more than one Indian party, information may be given on separate sheets for each of the parties) (II) Name of Indian Party (III) Address of Indian Party City State Pin (IV) Contact Person Designation Tel No. Fax e-mail (V) Status of Indian Party: (Please tick appropriate category) (1) Public Ltd. Company (2) Private Limited Company (3) Public Sector Undertaking (4) Registered Partnership (5) Proprietorship (6) Unregistered Partnership (7) Trust (8) Society (9) Others (VI) Activity code of Indian Party* *NIC code at 3-digit level Website : www.fema.rbi.org.in 36 Email : oid@rbi.org.in
[If the Indian Party is engaged in Financial sector or falls under the category of Proprietorship, Unregistered Partnership or Financial sector, please furnish the details in Item VII below]. (VII) Financial particulars of the Indian Party for the last 3 years (Amt. in Rs. 000s) Particulars Year 1 31-3- Year 2 31-3 Foreign exchange earnings (excluding equity exports to JV/WOS) Net profit Paid-up Capital Year 3 31-3 Net worth of (a) Indian Party (b) Group Company@ @ In terms of Explanation to Regulation 6 (3) of Notification No. FEMA 120/ RB-2004 dated July 7, 2004 (VIII) Particulars of existing Joint Ventures (JV) and Wholly Owned Subsidiaries (WOS) already in operation or under implementation, of the Indian party and its group concerns: Sr. No. 1. 2. 3. Name of Indian Party Unique Identification Number allotted by Reserve Bank (IX) Whether the proposed investment is (Tick the appropriate box) (a) New Project (Please furnish the details in Section B) (b) Existing Project* (Please furnish the details in Section C) * Acquisition of stake in an already existing JV/WOS overseas promoted by an Indian party. Website : www.fema.rbi.org.in 37 Email : oid@rbi.org.in
For Reserve Bank use only Unique Identification Number Section B: Details of Investment in New Project (I) Purpose of investment (Please tick appropriate category) (a) Participation in JV (b) Contribution in WOS (c) Full acquisition of a foreign concern (d) Partial acquisition of a foreign concern (e) Investment in unincorporated entity (f) Others (II) Particulars of JV/WOS (a) Name of JV/WOS (b) Address of JV/WOS (c) Name of the country (d) e-mail (e) Accounting year followed by JV/WOS (III) Activity code of JV/WOS (IV) Whether JV/WOS is SPV (Y/N)? # # If Y, Please furnish the details in Section D Proposed Capital Structure [a] Indian Party (ies) % stake [b] Foreign partner(s) % stake (1) (1) (2) (2) (3) (3) Website : www.fema.rbi.org.in 38 Email : oid@rbi.org.in
Section C: Details of Investment in Existing Project Indicate 13 digit Unique Identification Number issued by Reserve Bank (I) Purpose of Supplementary Investment (Please tick appropriate category) (a) Enhancement of Equity in existing JV/WOS overseas (b) Enhancement of Preference Equity/ Convertible Debt (c) Grant/ Enhancement of Loan in existing JV/WOS (d) Extension/ Enhancement of Guarantees (e) Remittances to Unincorporated Entity (e) Others (II) Capital Structure [a] Indian Party (ies) % stake [b] Foreign partner(s) % stake (1) (1) (2) (2) (3) (3) Website : www.fema.rbi.org.in 39 Email : oid@rbi.org.in
Section D - Funding for JV / WOS (Amount in FCY 000's) I Full Value of the Overseas Acquisition II Estimated cost of overseas acquisition for the Indian Party III Financial commitment * (in applicable FCY): FYC IV Method of Investment by Indian Party (i) Cash Remittance (a) EEFC (b) Market Purchase (ii) Capitalization of (a) Export of plant and machinery (b) Others (please Specify) (iii)adrs /GDRs [raised overseas] (iv) ECB/FCCB (v) Swap of shares (vi) Others (Please specify) Total A [Indian Party] Amount V. Whether JV/WOS is SPV (Y/N) (a) If Y, purpose of SPV: i) Full value of the overseas acquisition ii) Direct / Indirect infusion by SPV ii) Funds raised overseas with guarantee/ counter guarantee from Indian party iii) Funds raised overseas without guarantee/ counter guarantee from Indian Party iv) Funds contributed in the form of equity/ preference equity/ shareholders loans by foreign investors v) Securitisation vi) Any other mode (please specify) Total VI. Guarantees/ Other Non fund based Commitments Note * : Financial Commitment as defined in FEMA 120/RB-2004 dated July 7, 2004 Sec 2(f)- Financial Commitment means amount of Direct Investment by way of contribution to equity, loan and 100 per cent of the amount of guarantee issued by Indian Party to or on behalf of its overseas Joint Venture company or Wholly Owned Subsidiary. Website : www.fema.rbi.org.in 40 Email : oid@rbi.org.in
Section E : Declaration by the Indian Party I (a) Whether the applicant party (ies), its promoters, directors, etc., are under investigations by any investigative/enforcement agency or regulatory body. If yes, the brief details thereof, including present stage of investigation/ adjudication / manner of disposal of the case. (b) Whether the promoter Indian party(ies) is(are) presently on Exporters' Caution List of Reserve Bank for non-realization of export proceeds or on the list of defaulters to the Banking System circulated by Reserve Bank. If so, status of the Indian party (ies): (c) Any other information relevant to this proposal, including any special benefits/ incentives available in the host country for setting up / acquiring the proposed concern. I/ We hereby certify that the information furnished above are true and correct. Place: Date : Name:------------------------------ Designation----------------------- List of enclosures: 1. 4. 2. 5. 3. 6. (Signature of authorised official) Stamp/Seal Website : www.fema.rbi.org.in 41 Email : oid@rbi.org.in
Section F: Certificate by the Statutory Auditors of the Indian Party It is certified that the terms and conditions contained in Notification No. FEMA 120/RB- 2004 dated July 7, 2004, as amended from time to time (Foreign Exchange Management (Transfer or Issue of any Foreign Security) Regulations, 2004) have been complied with by the Indian party(name of the Indian Party) in respect of the investment under report. In particular, it is certified that: (i) the investment is not in real estate oriented or banking business, and (ii) the amount of foreign exchange proposed to be purchased for remittance towards the investment together with remittances for all overseas investments already made and exports and other dues capitalized / swap of shares / investment from ECB / FCCB balances for investment abroad under the Automatic Route is within the limit stipulated by the Reserve Bank from time to time. This has been verified with reference to the net worth of the Indian party (Name of the Indian Party) as on the date of last audited balance sheet, i. e.-------(date) (iii) has complied with the valuation norms prescribed for the investment (iv) has complied with the ECB guidelines # (v) that the Indian party (a) has made net profits during the preceding three years, (b) has fulfilled the prudential norms of capital adequacy as prescribed by the regulatory authority concerned; (c) has been registered with the appropriate regulatory authority in India and (d) has obtained approval for the investment in financial services sector activities from the regulatory authorities concerned in India and abroad *. Note : *Applicable only in cases where the investment is in the financial services sector (e.g. insurance, mutual fund, asset management, etc.). # Applicable where investment is funded through ECB/FCCB balances. (Signature of the Statutory Auditor of the Company) Name of the firm, Stamp and Registration number Website : www.fema.rbi.org.in 42 Email : oid@rbi.org.in
Annex 3 [Annex to A. P. (DIR Series) Circular No. 90 dated March 06, 2012] Application cum Declaration for purchase of foreign exchange under the Liberalised Remittance Scheme of USD 200,000 for Resident individuals (To be completed by the applicant) I. Details of the applicant a. Name.. b. Address c. Account No.. d. PAN No. II. Details of the foreign exchange required 1. Amount (Specify currency) 2. Purpose III. Source of funds:. IV. Nature of instrument Draft.. Direct remittance V. Details of the remittance made under the Scheme in the financial year (April- March) 20 20 Date : Amount :. VI. Details of the Beneficiary 1. Name.. 2. Address 3. Country 4*. Name and address of the bank. 5*. Account No.. (* Required only when the remittance is to be directly credited to the bank account of the beneficiary) This is to authorize you to debit my account and effect the foreign exchange remittance/ issue a draft as detailed above (strike out whichever is not applicable). Declaration I,. (Name), hereby declare that the total amount of foreign exchange purchased from or remitted through, all sources in India during the financial year as per item No. V of the Application, including utilisation of the said 33
limit on account of loan extended or gift made in rupees credited to NRO account of non-resident close relative(s), is within the limit of USD 200,000/- (US Dollar Two hundred thousand only), which is the limit prescribed by the Reserve Bank for the purpose and certify that the source of funds for making the said remittance belongs to me and will not be used for prohibited purposes. Signature of the applicant (Name) Signature of the natural guardian of the applicant @ (Name) @ Where the applicant is minor, the application should be countersigned by minor s natural guardian Certificate by the Authorised Dealer This is to certify that the remittance is not being made by/ to ineligible entities and that the remittance is in conformity with the instructions issued by the Reserve Bank from time to time under the Scheme. Name and designation of the authorised official: Place: Signature: Date: Stamp and Seal 34
Annex-2 (Para A 2.4 of Master Circular) FORM - A 2 Application cum Declaration Form (To be completed by the applicant) Application for drawal of foreign exchange I. Details of the applicant - a. Name b. Address c. Account No. II. Details of the foreign exchange required 1. Amount (Specify currency) 2. Purpose III. I authorise you to debit my Saving Bank/Current/RFC/EEFC Account No. together with your charges and * a) Issue a draft : Beneficiary's Name Address * b) Effect the foreign exchange remittance directly - 1. Beneficiary's Name 2. Name and address of the Bank 3. Account No. * c) Issue travellers cheques for * d) Issue foreign currency notes for (Strike out whichever is not applicable) Declaration (Under FEMA 1999) Signature I, declare that - *1) The total amount of foreign exchange purchased from or remitted through, all sources in India during this calendar year including this application is within USD (USD only), the annual limit prescribed by Reserve Bank of India for the said purpose. * 2) Foreign exchange purchased from you is for the purpose indicated above. (Strike out whichever is not applicable) Signature Date : (The purpose codes are on the reverse) Name 27
Income-Tax Department FORM NO. 15CA (See rule 37BB) Information to be furnished under sub-section (6) of Section 195 of the Income-tax Act, 1961 relating to remittance of payments to a non-resident or to a foreign company Ack. No. - Part A GENERAL Name of Remitter (Person responsible For making payment u/s 195 of IT Act, 1961) Flat/Door/Block No. Name of Premises/Building/Village PAN of Remitter TAN of Remitter Road/Street/Post Office Area/Locality Status- Write 1 if company, Write 2 if firm, and write 3 if others INFORMATION: REMITTER Town/City/District State Pin code In case of company-if domestic, write 1 and if other than domestic, write 2 Principal Place of Business Email Address (STD code)-phone Number ( ) Area Code AO Type Range Code AO No [ITR62;15CA,2]{2 } Printed from
Name of recipient of Remittance PAN of recipient of Remittance Complete Address: Country to which remittance is made : INFORMATION : RECIPIENT OF REMITTANCE Status- Write 1 if company, write 2 if firm, and write 3 if others Principal Place of Business In case of company- If domestic, write 1 and if other than domestic, write 2 Email Address (ISD code)-phone Number ( ) INFORMATION : ACCOUNTANT (a) (b) (c) (d) Name of the Accountant* signing the certificate Name of the proprietorship/ firm of the Accountant Address Registration no. of the Accountant (e) Date of Certificate : **Certificate No : (DD/MM/YYYY) * Accountant (other than an employee) shall have the same meaning as defined in the Explanation to Section 288 of Income-tax Act, 1961. ** Please fill the serial number as mentioned in the certificate of the accountant. For Office Use Only For Office Use Only Receipt No. Date Seal and Signature of receiving official [ITR62;15CA,2]{2 } Printed from
Part B PARTICULARS OF REMITTANCE AND TDS PARTICULARS OF REMITTANCE AND TDS (as per certificate of the Accountant) 1. Country to which remittance is made Country: Currency: 2. Amount of remittance In foreign currency In Indian Rs. 3. Name of the bank Branch of the bank 4. BSR Code of the bank branch (7 digit) 5. Proposed date of remittance (DD/MM/YYYY) 6. Amount of TDS In foreign currency In Indian Rs. 7. Rate of TDS As per Income-tax Act (%) As per DTAA (%) 8. Actual amount of remittance after TDS In foreign currency In Indian Rs. 9. Date of deduction of tax at source (DD/MM/YYYY) 10. Nature of remittance as per agreement/ 11. document In case the remittance is net of taxes, whether tax payable has been grossed up? (Tick) Yes No 12. If the remittance is for royalties, fee for (Tick) Yes No technical services, interest, dividend, etc., please indicate:- (a) The clause of the relevant DTAA under which the remittance is covered along with reasons Clause of DTAA (b) Rate of TDS required to be deducted in As per DTAA (%) terms of such clause of the applicable DTAA (c) In case TDS is made at a lower rate than the rate prescribed under DTAA, reasons thereof [ITR62;15CA,2]{2 } Printed from
13. In case remittance is for supply of articles or (Tick) Yes No things (e.g. plant, machinery, equipment etc.), please indicate, (a) Whether the recipient of remittance has (Tick) Yes No any permanent establishment (PE) in India through which the beneficiary of the remittance is directly or indirectly carrying on such activity of supply of articles or things? (b) Whether such remittance is attributable to (Tick) Yes No or connected with such permanent establishment (c) If the reply to Item no. (b) above is yes, the amount of income comprised in such remittance which is liable to tax. (d) If not, the reasons in brief thereof. 14. In case the remittance is on account of (Tick) Yes No business income, please indicate:- (a) Whether such income is liable to tax in India (b) If so, the basis of arriving at the rate of deduction of tax. (c) If not, the reasons thereof. 15. In case any order u/s 195(2)/ 195(3)/ 197 of (Tick) Yes No Income-tax Act has been obtained from the Assessing Officer, details thereof: (a) Name and Designation of the Assessing [ITR62;15CA,2]{2 } Printed from
Officer who issued the order/ certificate (b) Date of the order/ certificate (DD/MM/YYYY) (c) Specify whether u/s 195(2)/ 195(3)/ 197 of IT Act 16. In case of any other remittance, if tax is not deducted at source for any reason, details thereof. VERIFICATION I/We, (full name in block letters), son/ daughter of solemnly declare that the information given above is true to the best of my/our knowledge and belief and no relevant information has been concealed. I/We certify that a certificate has been obtained from an accountant, particulars of which are given in this Form, certifying the amount, nature and correctness of deduction of tax at source. In a case where it is found that the tax actually deductible on the amount of remittance has not been deducted or after deduction has not been paid or not paid in full. I/we undertake to pay the amount of tax not deducted or not paid, as the case may be along with interest due. I/We shall also be subject to the provisions of penalty for the said default as per the provisions of the IT Act, 1961. I/We further undertake to submit the requisite documents for enabling the Income-tax Authorities to determine the nature and amount of income of the recipient of the above remittance as well as documents required for determining my/our liability under the Income-tax Act as a person responsible for deduction of tax at source. I/We further declare that I/we am/are furnishing this information in my/our capacity as and I/we am/are also competent to sign the return of income as per provisions of section 140 of the Income-tax Act, 1961 and verify it. Place Date Sign here [ITR62;15CA,2]{2 } Printed from
FORM NO. 15CB (See rule 37BB) Certificate of an accountant* I have examined the transaction (s) and debit note between M/s. xxxxxx Limited and xxxxxxxxxxxxxxx as well as the relevant documents and books of account required for ascertaining the nature of remittance and for determining the rate of deduction of tax at source as per provisions of sub-section (6) of section 195. We hereby certify the following: A Name and address of the beneficiary of the remittance : xx xxxx ccccccc xxxxxx xxxxxxx xxxxx B 1. Country to which remittance is made Country: Uxxx Currency: AED 2. Amount of remittance Inv. No. Inv. Date Xxxx SZ/UA/DNO/12/04/011 Xxxxx Xxxx In foreign currency : xxxxxx/- 3. Name of the bank : Axis Bank Branch of the bank : 4. BSR Code of the bank branch (7 digit) 5. Proposed date of remittance In Indian : Rs.xxxxx 6. Amount of TDS In foreign currency In Indian 7. Rate of TDS As per Income-tax Act As per DTAA 8. Actual amount of remittance after TDS In foreign currency : In Indian: 9. Date of deduction of tax at source 10. Nature of remittance as per agreement/ document 11. In case the remittance is net of taxes, whether tax payable has been grossed up? If so computation thereof may be indicated. (Tick) Yes No
12. If the remittance is for royalties, fee for technical services, interest, dividend, etc, please indicate:- (a) The clause of the relevant DTAA under which the remittance is covered along with reasons (b) Rate of TDS required to be deducted in terms of such clause of the applicable DTAA (Tick) Yes No N.A. As per DTAA (N.A.) (c) In case TDS is made at a lower rate than the rate prescribed under DTAA, reasons thereof 13. In case remittance is for supply of articles or things (e.g. plant, machinery, equipment etc.), please indicate, (a) Whether the recipient of remittance has any permanent establishment (PE) in India through which the beneficiary of the remittance is directly or indirectly carrying on such activity of supply of articles or things? (b) Whether such remittance is attributable to or connected with such permanent establishment (c) If the reply to Item no. (b) above is yes, the amount of income comprised in such remittance which is liable to tax. (d) If not, the reasons in brief thereof. 14. In case the remittance is on account of business income, please indicate:- (a) Whether such income is liable to tax in India (b) If so, the basis of arriving at the rate of deduction of tax. (c) If not, the reasons thereof. 15. In case any order u/s 195(2)/ 195(3)/ 197 of Income-tax Act has been obtained from the Assessing Officer, details thereof: (Tick) Yes No (Tick) Yes No (Tick) Yes No (Tick) Yes No (Tick) Yes No (Tick) Yes No
(a) Name and Designation of the Assessing officer who issued the order/ certificate (b) Date of the order/ certificate (DD/MM/YYYY) (c) Specify whether u/s 195(2)/ 195(3)/ 197 of I T Act 16. In case of any other remittance, if tax is not deducted at source for any reason, details thereof.. **Certificate No.: UAL/2012-13/001 For xxxxxxxxxxxx & Associates Chartered Accountants Firm Registration No: xxxxxxxxxxx Name xxxxxxxxxxx Membership No:xxxxxx Address: Place: Mumbai Date: ** (To be signed and verified by an accountant (other than an employee) as defined in the Explanation to section 288 of the Income-tax Act, 1961). ** Certificate number is an internal reference number to be given by the Accountant
Annex 9-I [PART I, Section V, para 2 ] Form FC-TRS Declaration regarding transfer of shares / compulsorily and mandatorily convertible preference shares (CMCPS) / debentures by way of sale from resident to non resident / non-resident to resident (to be submitted to the designated AD branch in quadruplicate within 60 days from the date of receipt of funds) The following documents are enclosed For sale of shares / compulsorily and mandatorily convertible preference shares / debentures by a person resident in India i. Consent Letter duly signed by the seller and buyer or their duly appointed agent and in the latter case the Power of Attorney Document. ii. The shareholding pattern of the investee company after the acquisition of shares by a person resident outside India. iii. Certificate indicating fair value of shares from a Chartered Accountant. iv. Copy of Broker's note if sale is made on Stock Exchange. v. Declaration from the buyer to the effect that he is eligible to acquire shares / compulsorily and mandatorily convertible preference shares / debentures under FDI policy and the existing sectoral limits and Pricing Guidelines have been complied with. vi. Declaration from the FII/sub account to the effect that the individual FII / Sub account ceiling as prescribed has not been breached. Additional documents in respect of sale of shares / compulsorily and mandatorily convertible preference shares / debentures by a person resident outside India vii. viii. If the sellers are NRIs/OCBs, the copies of RBI approvals, if applicable, evidencing the shares held by them on repatriation/non-repatriation basis. No Objection/Tax Clearance Certificate from Income Tax Authority/ Chartered Account. 1 Name of the company Address (including e-mail, telephone Number, Fax no) Website :www.fema.rbi.org.in 82 Email : fedcofid@rbi.org.in
Activity NIC Code No. 2 Whether FDI is allowed under Automatic route Sectoral Cap under FDI Policy 3 Nature of transaction Transfer from resident to non resident / 4 (Strike out whichever is not applicable) Name of the buyer Transfer from non resident to resident Constitution / Nature of the investing Entity Specify whether 1. Individual 2. Company 3. FII 4. FVCI 5. Foreign Trust 6. Private Equity Fund 7. Pension/ Provident Fund 8. Sovereign Wealth Fund (SWF ) 9. Partnership / Proprietorship firm 10. Financial Institution 11. NRIs / PIOs 12. others Date and Place of Incorporation Address of the buyer (including e-mail, telephone number. Fax no.) SWF means a Government investment vehicle which is funded by foreign exchange assets, and which manages those assets separately from the official reserves of the monetary authorities. Website :www.fema.rbi.org.in 83 Email : fedcofid@rbi.org.in
5 Name of the seller Constitution / Nature of the disinvesting entity Specify whether 1. Individual 2. Company 3. FII 4. FVCI 5. Foreign Trust 6. Private Equity Fund 7. Pension/ Provident Fund 8. Sovereign Wealth Fund (SWF ) 9. Partnership/ Proprietorship firm 10. Financial Institution 11. NRIs/PIOs 12. others Date and Place of Incorporation Address of the seller (including e-mail, telephone Number Fax no) 6 Particulars of earlier Reserve Bank / FIPB approvals 7 Details regarding shares / compulsorily and mandatorily convertible preference shares (CMCPS) / debentures to be transferred Date of the transaction Number of shares CMCPS / debentures Face value in Rs. Negotiated Price for the transfer**in Rs. Amount of consideration in Rs. SWF means a Government investment vehicle which is funded by foreign exchange assets, and which manages those assets separately from the official reserves of the monetary authorities. Website :www.fema.rbi.org.in 84 Email : fedcofid@rbi.org.in
9 8 Foreign Investments in the company Where the shares / CMCPS / debentures are listed on Stock Exchange Name of the Stock exchange Price Quoted on the Stock exchange Where the shares / CMCPS / debentures are Unlisted Price as per Valuation guidelines* Before the transfer After the transfer Price as per Chartered Accountants * / ** Valuation report (CA Certificate to be attached) Declaration by the transferor / transferee I / We hereby declare that : No. of shares Percentage i. The particulars given above are true and correct to the best of my/our knowledge and belief. ii. iii. iv. I/ We, was/were holding the shares compulsorily and mandatorily convertible preference shares / debentures as per FDI Policy under FERA/ FEMA Regulations on repatriation/non repatriation basis. I/ We, am/are eligible to acquire the shares compulsorily and mandatorily convertible preference shares / debentures of the company in terms of the FDI Policy. It is not a transfer relating to shares compulsorily and mandatorily convertible preference shares / debentures of a company engaged in financial services sector or a sector where general permission is not available. The Sectoral limit under the FDI Policy and the pricing guidelines have been adhered to. Signature of the Declarant or his duly authorised agent Date: Website :www.fema.rbi.org.in 85 Email : fedcofid@rbi.org.in
Note: In respect of the transfer of shares / compulsorily and mandatorily convertible preference shares / compulsorily and mandatorily convertible debentures from resident to non resident the declaration has to be signed by the non resident buyer, and in respect of the transfer of shares / compulsorily and mandatorily convertible preference shares / compulsorily and mandatorily convertible debentures from non-resident to resident the declaration has to be signed by the non-resident seller. Certificate by the AD Branch It is certified that the application is complete in all respects. The receipt /payment for the transaction are in accordance with FEMA Regulations / Reserve Bank guidelines. Signature Date: Name of the AD Branch Name and Designation of the Officer AD Branch Code AD Branch Code Website :www.fema.rbi.org.in 86 Email : fedcofid@rbi.org.in
Annex II Form 83 Reporting of loan agreement details under Foreign Exchange Management Act, 1999 (for all categories and any amount of ECB) Instructions: 1. The borrower is required to submit completed Form 83, in duplicate, certified by the Company Secretary (CS) or Chartered Accountant (CA) to the designated Authorised Dealer (AD). One copy is to be forwarded by the designated AD to the Director, Balance of Payments Statistics Division, Department of Statistics and Information Management (DSIM), Reserve Bank of India, Bandra-Kurla Complex, Mumbai 400 051 within 7 days from the date of signing loan agreement between borrower and lender for allotment of loan registration number. 2. Do not leave any column blank. Furnish complete particulars against each item. Where any particular item is not applicable write N.A. against it. 3. All dates should be in format YYYY/MM/DD, such as 2004/01/21 for January 21, 2004. 4. Before forwarding Form 83 to the Reserve Bank, the Authorised Dealer must scrutinise all the related original documents and ensure that the form is complete in all respects and in order. 5. If space is not sufficient for giving full information/particulars against any item, a separate sheet may be attached to the form and serially numbered as Annex. 6. Firms/companies obtaining sub-loans through DFIs/FIs/banks/NBFCs etc. should not complete this form but approach the concerned financial institution directly for reporting. FOR RBI (DESACS) Use only Loan_key: CS-DRMS Team Received on Action Taken on Loan Classification Agreement Details (To be filled by borrowers of External Commercial Borrowings) Part A: Basic Details ECB Title / Project Registration Number No. and Date of RBI approval (if applicable) Loan Key Number (allotted by RBI/ Govt.) Agreement Date (YYYY/MM/DD) / / Currency Name Amount (in FC) Guarantee Status Guarantor (Name, Address, contact number etc. ) Currency Code (SWIFT) (For RBI Use) 38
(Use code as per Box 1) Multi Currency Type Name and address of the Borrower (Block Letters) Contact Person's Name: Designation: Phone No. : Fax no. : E-mail ID : (For RBI DESACS use) Name and address of lender / foreign supplier / lesser (Block Letters) Country: E-mail ID : (For RBI DESACS use) Borrowers Category (Tick in appropriate box) Public Sector Unit Private Sector Unit Detailed category (tick below) Bank NBFC Reg. No. Financial Institution (Other than NBFC) Corporate NGOs engaged in micro finance activity Other (Specify) Details of foreign equity holding of the lender in borrower company: (a)share in paid-up equity of the borrower (%) Specify Authorised Dealers Name, and bank code Bank Code Part I: Fax : E-mail ID: Part II: Part B: Other Details ECB approval Scheme (Tick in appropriate Box) Automatic Route Approval Route Approved by Govt. Lender's Category Multi-lateral Financial Institution Foreign Government (Bilateral Agency) Export Credit Agency Indian Commercial Bank branch abroad Other Commercial Bank Supplier of Equipment Leasing Company Foreign Collaborator / Foreign Equity Holder (Please provide details of foreign equity holding in the borrower company below) International Capital Market Other (Specify) (b) Amount of paid-up equity Lender's Reference / IBRD No. (if it is a IBRD loan) Maturity Details Effective Date of the Loan Last Date of Disbursement Maturity Date (Last payment date) Grace Period (Year/Month) Y Y M M 39
Economic Sector /Industry Code (See Box 3) Purpose of Borrowings Code (See box2) If Import, specify the Country of Import (if more than one country, attach details): Type of ECB Buyers Credit Suppliers Credit Line of Credit Export Credit from Bilateral Sources Commercial loan / Syndicated Loan Securitised instruments - Bonds, CP, FRN etc. (attach sheet for percentage distribution among lenders) Financial Lease Others (Specify) Refinancing of old ECBs: Reg No. of the old ECB Approval No. Date: Amount refinanced: Reason: Hedging risks using Interest rate swap Currency swap Others (specify) Part C: Schedule of transactions Interest Payment Schedule: First Payment Date Fixed Rate. Floating Rate: Base Schedule of Draw Down Tranche Date No (YYYY/MM/DD) (Please see note below) / / Number of Payments in a Year Margin Cap Rate: Floor Rate: Currency Amount If more than one equal installments Total Number of No.of drawals in a drawals calendar year Note: 1. In the case of import of goods or services, date of import may be furnished against date of draw down. 2.In the case of financial lease date of acquisition (import) of the goods is to be mentioned as date of draw down. 3. In the case of securitised instruments, date of issue may be shown as date of draw down 4. In case more than equal draw down transactions are shown in a row above, date of first transaction to be mentioned. Principal Repayment Schedule Date (YYYY/MM/DD) Currency (First repayment date) Amount in FC in each transaction If more than one equal installments Number of No. of installments payments in a calendar year Annuity Rate (if annuity payment) 40
Please tick in appropriate Boxes if those options are there in the loan agreement : Can be executed after date (s) Call Option : Percent of Debt Put Option Percent of Debt / / / / Note: In the case of annuity payments, please indicate each equal installment of principal and interest amount with rate. In the case of principal repayment using a percentage profile, percentages may also be indicated. Penal Interest for late payment Fixed % per annum or Base : Margin: Commitment Charges % per annum of : % of Undrawn Amount Other Charges Nature of Charge (Specify) Expected Date of Payment Currency Amount In case of many equal payments No. of payments in a year Total number of payments PART D : ECB availed in the current & previous three financial years-(not applicable for the first time borrower) Year Registration No. Currency Loan Amount Amount disbursed Amount outstanding* * net of repayments, if any, on the date of application. We hereby certify that the particulars given above are true and correct to the best of our knowledge and belief. No material information has been withheld and / or misrepresented. Place : Date : Stamp Stamp (Signature of the Authorised Official of the Company) Name : Designation : (Signature of Company Secretary / Chartered Accountant) Name : [For use of Authorised Dealer] We certify that the borrower is our customer and the particulars given in this form are true and correct to the best of our knowledge and belief. Furthermore, the ECB is in compliance with ECB guidelines. Place : Date : Stamp (Signature of Authorised Official) Name : Designation: Designation : Name of the bank/branch Bank Code : 41
BOX 1: Guarantee Status Code Sr. No. Cod e Description BOX 2: Purpose of Borrowings Code Sr. No. Cod e Description 1 GG Govt. of India guarantee. 1 IC Import of capital goods CG Public Sector guarantee 2 RL Local sourcing of capital goods (Rupee expenditure) 2 PB Public Sector Bank Guarantee. 3 SL On-lending or sub- lending 3 FI Financial Institution Guarantee. 4 5 RP NP Repayment of earlier ECB New project 4 MB Multilateral /Bilateral Institution Guarantee. 6 ME Modernisation/Expansion of existing units 5 PG Private Bank Guarantee 7 PW Power 6 PS Private Sector Guarantee 8 TL Telecommunication 7 MS Mortgage of Assets / Security 9 RW Railways 8 OG Other Guarantee 10 RD Roads 9 NN Not Guaranteed 11 PT Ports 12 IS Industrial parks 13 UI Urban infrastructure 14 OI Overseas investment in JV/WOS 15 DI PSU Disinvestment 16 TS Textile/Steel Restructuring Package 17 MF Micro finance activity 18 OT Others (Pl. specify) BOX 3 : Industry codes to be used Industry Group Name Industry Description Code PLANTATIONS TEA 111 COFFEE 112 RUBBER 113 OTHERS 119 MINING COAL 211 METAL 212 OTHERS 219 PETROLEUM & PERTOLEUM PRODUCTS 300 MANUFACTURING AGRICULTURAL PRODUCTS (400) FOOD 411 BEVERAGES 412 SUGAR 413 CIGARETTES & TOBACCO 414 BREWERIES & DISTILLERIES 415 OTHERS 419 TEXTILE PRODUCTS (420) COTTON TEXTILE 421 JUTE & COIR GOODS 422 SILK & RAYON 423 OTHER TEXTILE 429 TRANSPORT EQUIPMENT (430) AUTOMOBILES 431 AUTO ACCESSORIES & PARTS 432 SHIP BUILDING EQUIPMENTS & STORES 433 RAILWAY EQUIPMENT & STORES 434 OTHERS 439 42
MACHINERY & TOOLS (440) TEXTILE MACHINERY 441 AGRICULTURAL MACHINERY 442 MACHINE TOOLS 443 OTHERS 449 METAL & METAL PRODUCTS (450) FERROUS (IRON & STEEL) 451 NON-FERROUS 452 SPECIAL ALLOYS 453 OTHERS 459 ELECTRICAL, ELECTRONIC GOODS & MACHINERY (460) ELECTRICAL GOODS 461 CABLES 462 COMPUTER HARDWARE & COMPUTER BASED SYSTEMS 463 ELECTRONIC VALVES, TUBES & OTHERS 464 OTHERS 469 CHEMICALS & ALLIED PRODUCTS (470) FERTILIZERS 471 DYES & DYES STUFF 472 MEDICINES & PHARMACEUTICALS 473 PAINTS & WARNISHING 474 SOAPS, DETERGENTS, SHAMPOOS, SHAVING PRODUCT 475 OTHERS 479 OTHERS of Manufacturing (480) CEMENT 481 OTHER BUILDING MATERIALS 482 LEATHER & LEATHER PRODUCTS 483 WOOD PRODUCTS 484 RUBBER GOODS 485 PAPER & PAPER PRODUCTS 486 TYPEWRITERS & OTHER OFFICE EQUIPMENT 487 PRINTING & PUBLISHING 488 MISCELLANEOUS 489 TRADING 500 CONSTRUCTION & TURN KEY PROJECTS 600 TRANSPORT 700 UTILITIES (800) POWER GENERATION, TRANSMISSION & DISTRIBUTION 811 OTHERS 812 BANKING SECTOR 888 SERVICES 900 TELECOMMUNICATION SERVICES 911 SOFTWARE DEVELOPMENT SERVICES 912 TECHNICAL ENGINEERING & CONSULTANCY SERVICES 913 TOURS & TRAVEL SERVICES 914 COLD STORAGE, CANNING & WAREHOUSING SERVICES 915 MEDIA ADVERTISING & ENTERTAINMENT SERVICES 916 FINANCIAL SERVICES 917 TRANSPORT SERVICES 919 OTHERS (NOT CLASSIFIED ELSEWHERE) 999 43
Annex-III ECB - 2 Reporting of actual transactions of External Commercial Borrowings (ECB) under Foreign Exchange Management Act, 1999 (for all categories and any amount of loan) Return for the Month of. 1. This return should be filled in for all categories of ECB. It should be submitted within 7 working days from the close of the month through the designated Authorised Dealer to the Director, Department of Statistics and Information Management (DSIM), Balance of Payments Statistics Division, Reserve Bank of India, C-8/9, Bandra-Kurla Complex, Bandra (East), Mumbai-400 051. If there is no transaction during a particular period, a Nil return should be submitted. 2. Please do not leave any column blank. Furnish complete particulars against each item. Where any particular item is not applicable write N.A. against it. 3. All dates should be in format YYYY/MM/DD, such as 2004/01/21 for January 21, 2004. 4. Borrowers obtaining sub-loans through DFIs/Banks/NBFCs etc. should not complete this form as the concerned financial institution would directly submit ECB-2. 5. Before forwarding the return to Reserve Bank (DSIM), the Company Secretary / Chartered Accountant must scrutinise related original documents and ensure that the return is complete and in order as per ECB guidelines issued by Government/RBI. 6. The unique Loan Identification Number (LIN)/RBI Registration Number (in case of loan approved prior to February 01, 2004) must be specified as allotted by RBI. Similarly, the Loan Registration Number (since February 01, 2004) has to be specified. 7. If space is not sufficient for giving full information against any item, a separate sheet may be attached to the return and serially numbered as Annex. 8. For purpose of utilization of drawdowns, following codes may be used. BOX 1: Purpose of Utilisation Code No. Cod Description No Code Description 1 IC Import of capital goods 12 TL Telecommunication 2 IN Import of non-capital 13 RW Railways goods 3 RL Local sourcing of capital 14 RD Roads goods (Rupee expenditure) 4 RC Working capital 15 PT Ports (Rupee expenditure) 5 SL On-lending or sub-lending 16 IS Industrial parks 6 RP Repayment of earlier ECB 17 UI Urban infrastructure 7 IP Interest payments 18 OI Overseas investment in JV/WOS 8 HA Amount held abroad 19 IT Development of Integrated Township 9 NP New project 20 DI PSU Disinvestment 44
10 ME Modernisation /expansion of existing units 21 TS Textile/steel Restructuring Package 11 PW Power 22 MF Micro finance activity 23 OT Others (Pl. specify) 9. For source of funds for remittances, following codes are to be used. No. BOX 2: Source of Funds for remittance Code Description 1 A Remittance from India 2 B Account held abroad 3 C Exports proceeds held abroad 4 D Conversion of equity capital 5 E Others (Specify) FOR RBI (DESACS) Use only Loan_key CS-DRMS Team Received on Action Taken on Loan Classification Part A: Loan Identification Particulars Loan Registration Number (LRN) Loan Amount Borrower Particulars As per Agreement Currency Amount Name and address of the Borrower (Block Letters) Revised Contact Person's Name: Designation: Phone No. : Fax no. : E-mail ID : 45