FC-GPR
PART - A

(To be filed by the company through its Authorised Dealer Category – I bank with the Regional Office of the RBI under whose jurisdiction the Registered Office of the company making the declaration is situated as and when fresh investment in the Company is received, along with the documents mentioned in item no. 4 of the undertaking enclosed in this form)

i) In case the issue price is greater than the face value please give break up of the premium received

ii) * In case the issue is against conversion of ECB or royalty, a Chartered Accountant's Certificate certifying the amount of the outstanding on the date of conversion

@please specify the nature

                      ** before issue of shares                                            *(Please indicate as applicable)

DECLARATION TO BE FILED BY THE AUTHORISED REPRESENTATIVE OF THE INDIAN COMPANY (Delete whichever is not applicable and authenticate)

We hereby declare that:

1. We comply with the procedure for issue of shares as laid down under the FDI scheme as indicated in Notification No. FEMA 20/2000-RB dated 3rd May 2000 as amended from time to time

2. The investment is within the sectoral policy/cap permissible under the Automatic Route of RBI and we fulfill all the conditions laid down for investments under the Automatic Route namely (strike off whichever is not applicable)

a) Foreign entity/entities—(other than individuals), to whom we have issued shares have existing joint venture or technology transfer or trade mark agreement in India in the same field and Conditions stipulated in Press Note 1 of 2005 Series dated January 12, 2005 have been complied with.

OR

b) Foreign entity/entities—(other than individuals), to whom we have issued shares do not have any existing joint venture or technology transfer or trade mark agreement in India in the same field.

c) We are/ are not an SSI unit and the investment limit of 24 % of paid-up capital has been observed/ requisite approvals have been obtained.

d) 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 have been issued to residents.

OR

e) Shares issued are bonus shares.

OR

f) Shares have been issued under a scheme of merger and amalgamation of two or more Indian companies or reconstruction by way of de-merger or otherwise of an Indian company, duly approved by a court in India.

OR

g) Shares are issued under ESOP and the conditions regarding this issue have been satisfied

4. We enclose the following documents in compliance with Paragraph 9 (1) (B):

(i) A certificate from our Company Secretary certifying that

(a) all the requirements of the Companies Act, 1956 have been complied with;

(b) terms and conditions of the Government approval, if any, have been complied with;

(c) the company is eligible to issue shares under these Regulations; and

(d) the company has all original certificates issued by authorised dealers in India evidencing receipt of amount of consideration in accordance with paragraph 9 of Schedule 1 of Notification No. FEMA 20/2000-RB dated May 3, 2000 as amended from time to time;

(ii) A certificate from Statutory Auditors / Chartered Accountant indicating the manner of arriving at the price of the shares issued to the persons resident outside India.

(Signature of the Applicant)*   :___________________________________________

(Name in Block Letters)           :__________________________________________

(Designation of the signatory) :___________________________________________

Place:

Date:

(* To be signed by Authorised signatory of the Company)

CERTIFICATE TO BE FILED BY THE COMPANY SECRETARY
OF THE INDIAN COMPANY ACCEPTING THE INVESTMENT

(As per Para 9 (1) (B) (i) of Schedule 1 to Notification No. FEMA 20/2000-RB
 dated May 3, 2000, as amended from time to time)

In respect of the abovementioned details, we certify the following :

1. All the requirements of the Companies Act, 1956 have been complied with.

2. Terms and conditions of the Government approval, if any, have been complied with.

3. The company is eligible to issue shares under these Regulations.
4. The company has all original certificates issued by AD Category – I banks in India, evidencing receipt of amount of consideration in accordance with paragraph 9 of Schedule 1 to Notification No. FEMA 20/2000-RB dated May 3, 2000 as amended from time to time.

(Name & Signature of the Company Secretary) (Seal)

FOR USE OF THE RESERVE BANK ONLY:

Unique Identification Number given for the FC-GPR:  

FC-GPR

PART- B

(i) This part of the return to be submitted to the Director, Balance of Payment Statistical Division, Department of Statistical Analysis & Computer Services, Reserve Bank of India, C8, 3rd Floor, Bandra-Kurla Complex, Bandra (E), Mumbai – 400051;                Tel: 2657 1265, 2657 2513, Fax: 26570848; email:surveyfla@rbi.org.in

(ii) This is an annual return to be submitted by 31st of July every year by all companies, pertaining to all investments by way of direct/portfolio investments/re-invested earnings/others in the Indian company made during the previous years (i.e. the information in Part B submitted by 31st July 2007 will pertain to all the investments made in the previous years up to March 31, 2007). The details of the investments to be reported would include all foreign investments made into the company which is outstanding as on the balance sheet date. The details of overseas investments in the company both under Direct / portfolio investment may be separately indicated. Please use end-March Market prices/exchange rates for compiling the relevant information.

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Signature of the authorised
Official                             :__________________________________________
Name (in block letters)      :__________________________________________
Designation                     :__________________________________________

Place:                                                                                                 Date:

* If there are more than one foreign investor/collaborator, separate Annex may be included for items 3 and 4.

Note: As the details of the Loans availed of by your company are collected through Authorised Dealers separately by Foreign Exchange Department of the Reserve Bank in ECB returns, the details of external loans availed by your company need not be filled in. However, the external loans extended by your company to non-resident enterprises other than WOS/JVs outside India should be reported under “Foreign Assets outside India”. 

^® Please indicate the number of persons recruited by your company during the financial year for which the return is being submitted. Under “Directly’, indicate the number of persons on the roll of your company, whereas under “Indirectly”, indicate the number of persons otherwise engaged by your company during the year.