FEMA stands for Foreign Exchange Management Act. It was passed on 1st June 2000 to facilitate I...
When a company obtains FDI through capital investment, the Company allots shares to the foreign investor, and there is an essential requirement for reporting with RBI, and it has to be done in Form FC-GPR. This form is issued by the Reserve bank under the Foreign Exchange Management Act, 1999. In this article, we shall have a brief overview of this form.
It is a form (Foreign Currency-Gross Provisional Return) issued by the Reserve Bank when the company receives foreign investment, and against such investment, the company allots shares to the foreign investor then the company should file details of such allotment of shares with the RBI within 30 days, and for that, the company is required to use form FC-GPR to submit details with the Reserve Bank.
In 30 days from date of issue of securities, the company is required to file this form with RBI, but before reporting transactions, the applicant should obtain the following details:
It may be noted that the Reserve Bank or AD Bank can ask for any other document if needed.
This is to be filed in the below-mentioned cases:
The company is required to open a bank account after incorporation. Once the subscription money is received in the bank account, there is a need for reporting with RBI in this form.
Under FEMA, there is no timeline for bringing the subscription money in case of newly incorporated companies however, under the Companies Act, there is a mandatory need for the subscribers to bring in subscription money in 180 days time from the incorporation date.
Only the following securities are considered under FDI:
If the share application money is obtained, shares are required to be allotted in 60 days from the date of the receipt of application money. When the shares are allotted, reporting in Form FC-GPR should be done within 30 days.
This form can be filed with the Reserve Bank in the following manner:
Step 1- Registration for Business User
For registration as a business user, go to the FIRMS website and on the website open the registration or for new business user. Fill the form with details such as name, user name, e-mail address, phone number, address, etc.
Step 2- Logging into FIRMS
In order to log into FIRMS, go to its website. Use the user name and password provided through the e-mail, the business user would be able to set a new password. By logging in to the FIRMS, the business user will reach his or her workspace.
Step 3- Logging into SMF (Single Master Form)
After completing the submission process, you will be able to login to firms into SMF and reach your workspace. Click on the left navigation button, where you will be able to see many options.
Step 4- Select the return type
On single master form, click on return type where a lot of forms are shown. Select the Form FC-GPR and click on add new return. The user would be taken to this form, and certain details would be pre-filled while some have to be filled.
Step 5- Investment details
These details are common to all returns which can be reported in SMF. Fill up the common investment details like the shareholding pattern, date of issue of shares, etc.
Step 6- Issue details
Issue details like the date of issue, nature of issue, whether the change in the shareholding pattern due to his transaction being reported has already been accounted.
Step 7- Foreign Investment Details
Foreign investors details like the number of investors, general details such as name, country of residence.
Step 8- Amount of Issue
In Form FC-GPR, the next step involves filling in the total amount of inflow and total amount for which the capital instruments have been issued.
Step 9- Particulars of Issue
The next step involves particulars of issue. There shall be auto-populated consolidated particulars of issue. Fair value of issue should be filed as per the valuation certificate issued by the authorized person with the attachment as valuation certificate. Finally, there shall be a declaration by the business user.
Step 10- Shareholding Pattern
The Business user shall make sure that the details are filed correctly so that the shareholding pattern, which is auto-populated is right.
Step 11- Submit the Form
Once all details are filed, click on save and submit the form.
Any delay in reporting beyond the permissible period shall attract penalty. The penalty is subject to a minimum of 5000 rupees and maximum of 5 lakh rupees per month or part thereof for first six months of delay and thereafter twice that rate.
By following the above-mentioned steps, you would be able to file Form FC-GPR with RBI without any hassle. Ensure filing the form before the due date. In case of any query related to the same, contact a professional.
Read our article:FC-GPR Compliance for Non-Resident Investments