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When a business entity in India receives Foreign Direct Investment (FDI) and issues shares to a foreign investor, it must adhere to the RBI's FDI filing requirements. This involves submitting the Form FCGPR through the online Foreign Investment Reporting and Management System (FIRMS) portal.
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Foreign Direct Investment (FDI) filing refers to reporting the inflow of foreign investment in an Indian company to the Reserve Bank of India (RBI).
This reporting is mandatory for Indian companies that receive foreign investments in equity shares, compulsorily convertible preference shares or debentures, and warrants or partly-paid shares.
The reporting process involves submitting the Foreign Currency and General Permission Route (FCGPR) form and a Company Secretary (CS) certificate.
FDI reporting with RBI aims to ensure compliance with the FDI policy and provide a transparent and efficient regulatory framework for foreign investments in India.
This helps the government and the RBI to monitor and regulate foreign investments in the country and to make sure that they comply with the FDI policy and regulations.
The regulations applicable to Foreign Direct Investment (FDI) filing with the Reserve Bank of India (RBI) are primarily governed by the Foreign Exchange Management Act, 1999 (FEMA) and its regulations.
Foreign Direct Investment (FDI) involves a foreign company or individual investing in an Indian company. To ensure legal compliance, the investment must adhere to the FDI policy outlined by the Indian government. Additionally, the securities issued must be regulated under the Foreign Exchange Management Act (FEMA).
FDI is permitted under two routes in various sectors:
- **Automatic Route**: Under this route, non-resident or Indian companies can invest in a company without prior approval from RBI or the Government of India.
- **Government Route**: Under this route, prior approval from the Government of India is required before investing in a company.
If a company fails to file the FCGPR form within the prescribed timeline, it will face penalties.
The penalty for delayed reporting is 1% of the total investment amount, with a minimum of INR 5,000 and a maximum of INR 5 lakhs per month or part thereof for the first six months of delay.
After six months, the penalty rate doubles to 2% per month until the non-compliance is rectified.
The penalty must be paid online into a designated account with the RBI.
Therefore, it is crucial for companies to file the FCGPR form within the stipulated time to avoid any penalties.
Filing Foreign Direct Investment (FDI) with the Reserve Bank of India (RBI) using Form FCGPR involves several steps to ensure compliance with the regulations.
The first step is to obtain an Authorized Dealer (AD) Code from a bank authorized by the RBI. The AD bank acts as an intermediary between the company and the RBI and verifies the information provided in the FCGPR form.
The Indian company must register as an Entity User on the RBI's online reporting portal (Firms Portal). The company must provide its details and obtain a User ID and Password.
Once registered on the Firms Portal, the company must create an Entity Master by providing details such as name, address, PAN, TAN, and other relevant information.
After creating the Entity Master, the company must register the Business Users authorized to access the Firms Portal and submit the FCGPR form. The Business Users must provide their details and obtain a User ID and Password.
After obtaining the AD Code, the company must prepare the FCGPR form in the required format. The form can be accessed on the RBI's online reporting portal.
The company must provide relevant information in the FCGPR form, including details of the foreign investor, the amount and type of investment, percentage of equity held, sector of investment, and other relevant details.
The FCGPR form must be signed and certified by the company's authorized signatory and the AD bank's authorized signatory. The certification confirms the accuracy of the form's information.
The Indian company must report the receipt of FDI within 30 days of receipt using Form FCGPR on the Firms Portal, ensuring all required documents are uploaded.
Once the FCGPR form is duly completed and certified, it must be submitted to the AD bank electronically on the RBI's online reporting portal within 30 days of receiving the FDI.
After submission of the FCGPR form, the Firms Portal generates an acknowledgment receipt. The company must download and save the acknowledgment receipt for future reference.
The company must follow up with the AD bank to ensure that the RBI has accepted the FCGPR form and address any discrepancies if required.
Solocorp offers a smooth and hassle-free process for filing FDI with the RBI. Our team of experts ensures full compliance with RBI regulations, providing comprehensive support from document preparation to timely submission.
With in-depth knowledge and experience, we help you navigate the complexities of FDI filings, saving you time and preventing costly penalties.
In addition to FDI filings, we also assist businesses with various other regulatory filings and compliance requirements.
Our experts will guide you through the FDI filing process and ensure that you comply with all RBI regulations.
We assist in gathering all the necessary documents for your FDI filing, ensuring a smooth and timely process.
We handle the filing and submission of your FDI form to the RBI, ensuring full compliance.
Our team will follow up with the RBI to ensure the timely processing of your FDI filing and address any queries.
With our expert services, we help you avoid costly penalties by ensuring timely and accurate filing.