How
to get approval if your FC-GPR got rejected by RBI in case of FDI
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.
ACS Arush Sharma is Associate Member of Institute of Companies Secretaries of India along with L.L.B Degree holder having good experience in legal and secretarial matters.. He has already written so many articles on various topics which helped so many readers. Being a researcher at heart and associated with renowned Merchant bankers, he has done rigorous research and has written various articles on Companies Act, 2013 to keep at pace with the latest changes and critically analyze the implications of various provisions of the new Act.
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