Learn and Lead

How to get approval if your FC-GPR got rejected by RBI in case of FDI                                       FCGPR When...

PROCESS TO GET APPROVAL IF FC-GPR GOT REJECTED MANY TIMES


How to get approval if your FC-GPR got rejected by RBI in case of FDI
                                     


what to do if fcgpr rejected and how to file fcgpr
FCGPR



When to file FC-GPR

Within 30 days of issue of securities, Company needs to file FC-GPR to RBI in Single Master Form at https://firms.rbi.org.in/firms/faces/pages/login.xhtml.

What are the Documents required for FC-GPR

1) Duly completed FC-GPR form online on FIRMS portal

2) Company Secretary Certificate

3) Declaration by the Authorized Representative of the Indian Company

4) 6 pointer KYC of Foreign Investor on Bank's letter head as per RBI format

5) Copy of FIRC with endorsement

6) If excess/shortage amount received, declaration on company's letter head for the status of excess/shortage amount

7) CA certificate on CA's letter head with firm Reg. No. & Membership No. of CA indicating the manner of arriving at the price of the shares issued to the persons resident outside India (CA certificate must be prior to the date of issue of shares)

8) Debit authority letter to collect AD charges for filling of FC-GPR

9) True Copy of the Board Resolution of the Indian Company (Only the relevant extracts)

10) In case of delay, reason for delay

Possible Queries Can be raised by RBI

1) There is a mismatch in the date of remittance as provided in Form FC-GPR with FIRC

 2) There is a mismatch in the date of remittance as mentioned in Form FC-GPR with FIRC ( In case of multiple FIRCS please mention the earliest date )

3) Endorsement on FIRC obtained from ICICI branch only specifically mentioning total amount received minus amount utilised in share allotment equal to Balance (in INR only) not provided

4) In case of valuation certificate please mention SEBI REGN

5) Please provide debit authorization letter. The applicable charges is Rs.5000+ GST.( Only applicable in case of ICICI Bank not for other Banks)

6) Please provide authorized representative declaration as per FIRMS user manual.

7) Please provide excess inward remittance declaration.( if any)

8) Please provide board resolution passed for allotment of shares.

9) Please provide Delay Reason


Note 1: I have observed so many rejected cases of FC-GPR and Found the above mentioned queries has been raised by RBI/AD end no of times.

Note 2: Many times we see that after complying all the requirements of RBI still FC-GPR got rejected. This problem arises from Ad Bank side even a minor negligence from issuer side can be rejected. In case you are getting continuous rejections for same. You should contact with your AD bank Because sometimes we need to clarify few things to AD bank personally for which is he is not getting convinced.

It is advisable every time when you file FC-GPR ( keep all above documents ready with yourself) try to resolve above queries at prima facie.




In case of any query post down comment below.




0 coment:

Please do not post any spam link.

FORMATS FOR DEMATERIALISATION OF SECURITIES      Appointment letter for DP and RTA                                   (To be given o...

DRAFT FORMATS FOR DEMATRIALISATION

FORMATS FOR DEMATERIALISATION OF SECURITIES

   Appointment letter for DP and RTA
                            
    (To be given on company’s letterhead)

To
Name of DP and RTA.
Address of RTA
Sub: Appointment as Share Transfer Agent

Dear Sir,

This is with reference to your proposal dated ___________ to act as Transfer Agent in Physical and Electronic mode. We are pleased to appoint you as our Share Transfer Agent w.e.f. _________.
Thanking you

For ___________________Ltd.

(Director)


                CTC of Board Resolution

(Should be signed by the Company Secretary or MD or any Director)

EXTRACT OF THE MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS OF _______________ DULY CONVENED AND HELD ON ___________ AT _______ .

RESOLVED THAT the Company do seek admission of the Company’s securities in the Depository system of Central Depository Services (India) Limited to dematerialize the certificates of the shareholders of the Company who may wish to do so”.

RESOLVED FURTHER THAT the Company appoints ___________  as the Registrar & Transfer Agent (RTA) for the Depository upon such terms and conditions as may be approved”.

RESOLVED FURTHER THAT Mr./Ms. ______ and/or Mr./Ms. ________ of the company be and are hereby severally authorized to do all such acts and deeds as may be required and to accept/reject, demat/remat request of the Company and to sign all such papers and documents as may be necessary to implement the decision”.

Signature of authorized persons:

Sr. No.
Name of the Authorized Signatory
Designation
Specimen Signature
1.

Director

2.



Director






The resolution was passed unanimously.

Signature with stamp
Name                        : ______
Designation          : Director

Date  :
Place            :



Read complete article for process of Demat of Securities: https://moderneducationofindia.blogspot.com/2020/04/checklist-for-dematerialisation-of.html

                
                      
Declaration from issuer and RTA to Depository

                                                                                                      Declaration

To,                                                                                                                               Date:
Central Depository Services (India) Limited
Marathon Futurex, A-Wing,
25th Floor, NM Joshi Marg, Lower Parel
Mumbai-400013

Kind Attn:  AVP – Issuer Admission Cell

Dear Sir,

We hereby declare that __________(Name of Company) has appointed M/s ____________ as Registrar & Transfer Agent for providing electronic connectivity and to handle work related to transfer of physical securities, maintenance of records of the holders of securities of the aforesaid company as per Regulations of 53A of Securities and Exchange Board of India (Depositories and Participants) Regulations, 1996 and this arrangement will not be discontinued during the currency of the tri-partite agreement entered into/to be entered into with CDSL.

We further declare that as per the procedure for dematerialization of physical security certificate(s) formulated by us, the physical security certificate(s) should be forwarded to the following address for the purpose of dematerialization of the same.

Name of the Contact Person
:

Designation
:

Name of the Organization
:

Address of the Organization
:

Telephone
:

Fax
:

E-mail
:


Yours faithfully,                                                               

For  ____Name of RTA)                                                              For ____( Name of Company)
                                                                                                                                                                                                               
_____________


(Director)                      (Authorized Signatory)


                                               
                     Networth Certificate

(On the letterhead of Practicing Chartered Accountant/ Practicing Company Secretary)
This is to certify that Networth of ___________________ having Corporate Identification No __________________ and having its registered office address at ____________  has been calculated as under:
Networth as on #: DD/MM/YYYY
Particulars
Amount (in Rs.)
Paid up Capital

Add: Reserve & Surplus

Less: Accumulated losses, if any

Less: Miscellaneous Expenditure

Total Networth


Book Value per share (in Rs.)
Total Networth / Total number of outstanding shares

Rs.__________________

# Networth to be calculated as per latest audited  financial statement.
This is to certify that the above mentioned information is true to the best of my knowledge and belief, according to the books and documents produced before me for verification.
                                                                                                                ______________________
Signature
                                                                                                                Name:
               
                                                                                                               Designation:  

                                                                                                      Membership Number:

                                                                                                       Stamp
Place: ______________
Date: ______________



                                    
   Format for undertaking of company

UNDERTAKING ON THE LETTER HEAD OF UNLISTED PUBLIC LIMITED COMPANIES

We ____________________--, an unlisted Public Limited Company incorporated under the Companies Act, 1956, (hereinafter called “the Company”) are desirous to admit our equity shares for dematerialization with Central Depository Services (India) Limited (hereinafter called “CDSL”).

We hereby confirm and undertake:

1. That the Company shall at all times ensure that the provisions of the Companies Act 2013, Securities and Exchange Board of India Act, 1992 and SEBI (Depositories and Participants) Regulations 1996 and all other applicable Rules and Regulations including those made by SEBI from time to time relating to the admission/issuance allotment, transfer, dematerialization and dematerialization etc are duly complied with and shall further ensure that the Company duly observes and performs all its obligations there under.

2. The Company shall regularly and diligently reconcile its dematerialized and physical securities and shall in particular ensure that the aggregate of, (i) the dematerialized securities (in all depositories taken together) and (ii) those held in physical form and those pending dematerialization does not exceed the issued capital of the Company.
    
The Company agrees, declares and confirms that the reconciliation of its securities (including dematerialized securities) is the sole obligation of the Company and its RTA, if any, and the Company shall not look to CDSL or hold CDSL liable or responsible in this behalf.

3.  The Company agrees and undertakes to indemnify and keep indemnified and harmless CDSL, its Directors and employees, from and against any and all liability resulting from claims, demands, penalties, suits and judgments and all costs, charges and expenses relating thereto as a result of a breach by the Company of its covenants as stated hereinabove.
Yours faithfully,

For _________________________-

(Signature)
Designation

Kindly refer Disclaimer Page

Posted by LAWgicAL ARUSH







1 coment:

Please do not post any spam link.

CHECKLIST OF DEMATRIALISATION OF SHARES As per Section 29 read with rule 9A of The Companies (Prospectus and Allotment of Securities) ...

CHECKLIST FOR DEMATERIALISATION OF SECURITIES


CHECKLIST OF DEMATRIALISATION OF SHARES

As per Section 29 read with rule 9A of The Companies (Prospectus and Allotment of Securities) Rules, 2014,  which was duly inserted by Companies Amendment  Act 2019. Every unlisted Public company is required to convert  its Securities into electronic mode from Physical mode.


Dematerialisation of shares and convert share in eform
Dematerialisation


  Difference between Demat and Remat

Dematerialisation:  Dematerialization (DEMAT) is the move from physical certificates to electronic bookkeeping. Actual stock certificates are then removed and retired from circulation in exchange for electronic recording.

Rematrialisation:  Rematerialisation is the process by which a client can get his electronic holdings converted into physical certificates. The client has to submit the rematerialisation request to the DP with whom he has an account

Process of Demat

1.    First Choose depository whether CDSL or NSDL

2.   Pass Board resolution for approving the proposal of Demat and appointment of DP and RTA

3. Make Appointment of Depositary Participants and RTA (Registrar and Share Transfer Agent)

4.    Obtain Declaration from Issuer and RTA

5.   Fill the form Letter of Intent cum Master Creation Form for admission of Unlisted Company

6.    Obtain a Net-worth Certificate from PCS

7. Issuer need to make security details which shall be Dematerialise

8. Obtain Tripartite Agreement executed between (Issue, DP and Depository)

 9.Undertakingrom Public/Private company for admission of share in Depository


 Find all related Formats for Demat at https://moderneducationofindia.blogspot.com/2020/04/formats-fordematerialisation-of.html


Following documents are required for above purpose

    A.      Master Creation Form duly filled, signed and stamped on all the pages(In prescribed Format).


  B.   Certified copy of latest annual report completes in all respects (if printed copies are not available-the same is to be photo copied back-to back of the paper).


  C.    Certified copy of Memorandum and Articles of Association (duly authenticated where changes have been carried out).

 D. Certified copy of Incorporation should contain these all of the R.O.C.and signature of the Registrar


 E.      Certified copy of Board Resolution for admission of equity shares with CDSL.


F.      Undertaking-cum-Indemnity


G.     In case there is an increase in the paid-up capital of the company after the date
      of the latest balance sheet, kindly arrange to forward in order duly certified
      related documents


H.  Tri-party Agreement duly printed on Rs.600/-stamp paper-, stamped (Co. round Stamp) & signed on all the pages ,should be in triplicate (i.e.-1 original+2 photocopies,duly stamped & signed on all the pages in original +original(on all 3 copies))--Formats attached-No dates to be mentioned.


I.        Equity details as per the format attached.


J.        Declaration as per the format enclosed for freezing of ISIN. List of Authorised
       signatories along with specimen signatures as per Board Resolution.

K.      CTC of TAN & GST Certificate






Note: Process of Dematerialisation for NSDL and CDSL is almost same, however there are some minor changes in their process


Kindly refer the Disclaimer page

Posted by LAWgicAL ARUSH





1 coment:

Please do not post any spam link.