FDI Stands for Foreign Direct Investment (FDI) Reserve Bank of India has made regulations and issued certain notifications in relation to the receipt of Foreign Direct Investment (FDI) in india.
RBI has allowed the receipt of Foreign Direct Investment (FDI) by way if issue of capital instruments in india.
Further, the company receiving Foreign Direct Investment (FDI) has to make reporting of receipt of FDI in form FCGPR.
Form FCGPR is required to be filed in case the company is issuing equity shares, Compulsorily Convertible Preference Shares (CCPS)/ Compulsorily Convertible Debentures (CCD) to a person resident outside india.
FCGPR stands for Foreign Collaboration general permission route. RBI has specified Form FCGPR for making reporting of Foreign Direct Investment (FDI).
Whenever a Company issues equity shares, Compulsorily Convertible Preference Shares (CCPS)/ Compulsorily Convertible Debentures (CCD) in consideration of money received from a person resident outside india by way of Foreign Direct Investment (FDI), then the company needs to file FORM FCGPR using FIRMS Portal.
Form FCGPR needs to be filed within 30 days of allotment of shares / Compulsorily Convertible Preference Shares (CCPS)/ Compulsorily Convertible Debentures (CCD).
Inward remittance of Foreign Direct Investment (FDI) by a person resident outside india is regulated by Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2017
The following documents shall be required for filing Form FCGPR:
The following process shall be followed for reporting of Foreign Direct Investment (FDI) in india:
Step 1: Registration for Entity User on Firms Portal
The company has first of all needs to get the registration of Entity user on the FIRMS Portal in case the reporting of FDI is being made first time for the Company.
In case of subsequent reporting the company does not need to make any registration for entity user.
Documents to be attached : Authority letter in signed Format, PAN of Entity and PAN of Authorised Representative of the company.
After registering of entity user, the concerned authority will check and verify the details and documents filed and after being satisfied, a Password will be sent to the registered email ID which needs to be change.
Step 2: Creation of Entity Master
After registration of entity user, there needs to create an entity master by logging into the FIRMS Portal using the User ID and Password as created in the entity user process.
The Company needs to fill all the details as required in the entity master form in the FIRMS Portal and then click on “Submit”.
Step 3 Registration for Business User on Firms Portal
After creation of Entity Master, the company needs to apply for business user registration.
One important point to be noted is that, here in the business user form the company needs to select the IFSC Code of the AD Bank from the Drop Down. So, the company should confirm the IFSC Code to be chosen in the form in advance from the Concerned Bank.
Documents to be attached : Authority letter in signed Format, PAN of Entity and PAN of Authorised Representative of the company.
Step 4 Reporting of FDI Received
The Last step is to make the reporting of remittance received from person resident outside india. The company needs to fill all the required details and attach the relevant documents as mentioned above, while making reporting in this form and then submit the Form.
After filing of Form FCGPR, the AD Bank or both AD Bank and RBI as the case may be will check the form and in case any discrepancy is found in the Form, then they will reject the Form giving the appropriate reasoning or otherwise they will approve the Form.
In case the form got rejected, then the company need to file the Form again after removing all the discrepancies.
If the Company makes reporting of Foreign Direct Investment (FDI) after the period of 30 days of allotment of shares / CCPS / CCDs, then the Form will first be checked by the DA Bank and then AD Bank will send the form further to the Respective regional Reserve Bank of India.
Further, Reserve Bank of India will either charge Late submission Fees (LSF) or ask the Company to go for compounding for approval of Form FCGPR.
FDI can be received by way of the following routes:
Automatic Route: where no approval is required for getting inward remittance from a person resident outside india.
Government Approval Route: There are certain sectors in which government approval is required for receiving inward remittance from a person resident outside india.
A person resident outside india cannot make any Foreign Direct investment in any of the following sectors:
We offer all kinds of Consultancy, Compliances and Registration Services in relation to Foreign Direct Investment (FDI) in india. We have empanelled various experts to provide the expert advisory, Registration and Compliances services for Foreign Direct Investment (FDI) in india.
The services that we offer includes in Foreign Direct Investment (FDI) in india are:
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Where we can make reporting of Foreign Direct Investment (FDI) ?
Reporting of Foreign Direct Investment (FDI) can be made online using FIRMS Portal.
What is the Time limit for allotment of shares for FDI received in india?
The shares needs to be allotted within 60 days of receipt of Foreign Direct Investment (FDI) in india.
Do we require to file form FCGPR for issuance of Preference shares or debentures?
Form FCGPR is required to be filed if the Preference shares or debentures issued are fully and compulsorily convertible in shares, otherwise it would be treated as ECB.
Do we require to file form FCGPR for partly paid equity shares?
Yes, Form FCGPR is also required to be filed for issuance of partly paid shares.
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