CS
461 Points
Posted on 16 August 2011
Hello,
Please note that foreign direct investment made through automatic route or government approval route need to be intimated to RBI as below:-
To be filed by companies:-
On receipt of money for investment
· Within 30 days of receipt of money from the non-resident investor, the Indian company will report to the Regional office of the Reserve Bank of India, under whose jurisdiction its Registered Office is located, containing details such as:
1. Name and address of the foreign investor/s
2. Date of receipt of funds and their rupee equivalent
3. Name and address of the authorized dealer through whom the funds have been received
4. Details of the Government approval, if any
Upon the issue of shares to non-resident investors
· Within 30 days from the date of issue of shares, a report in Form FC-GPR, PART A together with the following documents should be filed with the concerned Regional Office of the Reserve Bank of India.
· Certificate from the Company Secretary of the company accepting investment from persons resident outside India certifying that :
1. The company has complied with the procedure for issue of shares as laid down under the FDI scheme as indicated in the Notification No. FEMA 20/2000-RB dated 3rd May 2000 as amended from time to time
2. The proposal is within the sectoral policy / cap permissible under the automatic route of RBI and it fulfills all the condition laid down for investments under the Automatic route namely:
a. Non-resident entity/ies (other than individuals) to whom it has issued shares does / do not have any existing joint venture or technology transfer or trade mark agreement in India in the same field.
b. The company is not investing in an SSI unit & the investment limit of 24 % has been observed/ requisite approvals have been obtained.
c. Shares have been issued on rights basis and the shares are issued to non-residents at a price that is not lower than that at which shares are/were issued to residents.
OR
d. Shares issued are bonus shares.
OR
e. Shares have been issued under a scheme of merger and amalgamation of two or more Indian companies or reconstruction by of de-merger or otherwise of an Indian company, duly approved by a court in India.
f. Shares have been issued in terms of SIA/FIPB approval No. …………dated………
Thanks