FOREIGN DIRECT INVESTMENT –
REPORTING OF ISSUE / TRANSFER OF SHARES TO/BY A FVCI
RBI/2012-13/529
A.P. (DIR Series) Circular No.110
Dated:- 12/06/2013
1. Attention of Authorised Dealers Category-I (AD Category - I)
banks is invited to Regulations 9 and 10 and para 9 of Schedule I to the
Foreign Exchange Management (Transfer or Issue of Security by a Person Resident
outside India) Regulations, 2000 notified vide Notification No. FEMA 20/2000
-RB dated May 3, 2000 (hereinafter referred to as Notification No. FEMA 20), as
amended from time to time. Attention of AD Category - I banks is also invited
to A. P. (DIR Series) Circular No. 44 dated May 30, 2008 and A.P. (DIR Series)
Circular No.63 dated April 22, 2009.
3. It has been observed that SEBI registered FVCIs making investments in an Indian Company under FDI Scheme in terms of Schedule 1 of Notification No. FEMA.20 / 2000 - RB dated May 3, 2000, as amended from time to time, also report the same transaction under Schedule 6 of the Notification ibid, resulting in double reporting of the transaction.
4. It is clarified that wherever a SEBI registered FVCI acquires shares of an Indian company under FDI Scheme in terms of Schedule 1 of Notification No. FEMA 20 / 2000-RB dated May 3, 2000, as amended from time to time, such investments have to be reported in form FC-GPR/FC-TRS only, as applicable. Where the investment is under Schedule 6 of the Notification ibid, no FC-GPR/FC-TRS reporting is required. Such transactions would be reported by the custodian bank in the monthly reporting format as prescribed by RBI from time to time. Revised forms FC-GPR and FC-TRS are annexed as ANNEX-I and ANNEX-II, respectively, to this A.P.(DIR Series) Circular.
5. A SEBI registered FVCI while making investment in an Indian company may determine upfront whether the said investment is under FDI or FVCI scheme and report accordingly. For the guidance of FVCI investors, a suitable remark in para 3(4) and 5(a)(4) of form FC-GPR and para 4(4) and para 5(4) of form FC-TRS, has been incorporated, which would read as follows:
‘The investment/s made by SEBI registered FVCI is/are under FDI Scheme, in terms of Schedule 1 to Notification No. FEMA 20 dated May 3, 2000.’
6. Reserve Bank has since amended the Regulations vide
Notification No.FEMA.266/2013-RB dated March 05, 2013 and notified vide
G.S.R.No.341(E) dated May 28, 2013.
Regards
CA. Mona Singhal
Partner
Arpit Gupta & Associates
Chartered Accountants
701, Nirmal Tower,
26, Barakhamba Road,
Connaught Place, Delhi-110001
Mobile:- +91-9873082769
Website: www.caaga.co.in
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