Home Acts & Rules FEMA Regulation Foreign Exchange Management (Establishment in India of a branch office or a liaison office or a project office or any other place of business) Regulations, 2016 This
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Annex C - Form FNC - Foreign Exchange Management (Establishment in India of a branch office or a liaison office or a project office or any other place of business) Regulations, 2016Extract Annex C Form FNC [See Regulation 4 (c)] [This application form shall be completed and submitted to the AD Category-I bank designated by the applicant along with the documents mentioned in item (viii) of the Declaration.] Part I No. Details Particulars 1. i. Full name and address of the applicant ii. Date and Place of incorporation / registration iii. Telephone Number(s) iv. Fax Number(s) v. E-mail ID 2 i. Details of capital ii. Paid-up capital iii. Free Reserves/Retained earnings as per last audited Balance Sheet/Financial Statement iv. Intangible assets, if any 3 Brief description of the activities of the applicant 4 i. Value of goods imported from and / or exported to India by the applicant during each of the last three years: a. Imports from India b. Exports to India ii. Particulars of existing arrangements if any, for representing the company in India. iii. Particulars of the proposed liaison/ branch office: a. Details of the activities/ services proposed to be undertaken/ rendered by the office b. Place where the office will be located c. Phone number d. E-mail ID e. Expected number of employees (with number of foreigners) 5 i. Name and address of the banker of the applicant in the home country ii. Telephone Fax Number iii. E-mail ID 6 For Non-profit / Non-Government Organisations: i. Details of activities carried out in the host country and other countries by the applicant organisation ii. Expected level of funding for operations in India iii. Copies of the bye-laws, Articles of Association of the organization 7 For project offices: i. Reference no. and date of letter awarding the contract ii. Particulars of authority awarding the project/contract iii. Total amount of contract iv. Address/e-mail/telephone number/fax number of the project office v. Tenure of project office vi. Nature of project undertaken 8 Any other information which the applicant company wishes to furnish in support of this application. Part II- Additional information to be submitted by applicants where Reserve Bank s approval is necessary under Regulation 5 of Notification No. FEMA 22 (R)/2016-RB dated March 31, 2016 I. Details in respect of Company/ Firm Sr. No. Full name of the company Date of registration of the company Address of Head Office, Regional Office and Registered Office Previous name of the company if any Details of earlier approvals or rejections, if any, (ref. no. and date) Enclosed application for branch office/liaison office/project office prescribed by DEA II. Details in respect of Directors/Key Executives Sr.No. Full name of Board of Directors and Key Executives (wherever applicable) Present position held with date (since when) Date of Birth Parentage Present and permanent address Nationality Passport Nos. and issue date Contact address and telephone number III. Details of shareholders of applicant company (all firms/companies/entities/individuals having shareholding more than 10 % ) Sr. No. Full Name Parentage Father/ Mother Date of Birth Permanent Address Present Address Present position held Nationality (if holding dual nationality, both must be clearly mentioned) % of shares held in the company IV. Details of criminal cases, if any, against the company / Director (s) for which security clearance is sought a. Name, address and registration number of the company : b. Name and address of owners, promoters and directors of the company : 1. _______________________________________ 2. _______________________________________ 3. _______________________________________ 4. _______________________________________ c. Are the company owners, promoters or directors listed above, the subject of any 1. Preventive detention proceedings : Yes/No 2. Criminal proceedings : Yes/No d. If, Yes, please provide the following details 1. Detention/case/FIR/warrant number: 2. Police station/District/Agency : 3. Section of law : 4. Name and place of the court : e. The above mentioned details are in respect of both India and any foreign country. DECLARATION We hereby declare that: i. The particulars given above are true and correct to the best of our knowledge and belief. ii. Our activities in India would be confined to the activities indicated in column 4(iii) (a)/7 (vi) above. 1 [ We will not undertake either partly or fully, any activity that is covered under Foreign Contribution Regulation Act, 2010 (FCRA) and we understand that any misrepresentation made or false information furnished by us in this behalf would render the approval granted under the Foreign Exchange Management (Establishment in India of a branch office or liaison office or a project office or any other place of business) Regulations, 2016, automatically as void ab initio and such approval by the Reserve Bank shall stand withdrawn without any further notice. ] iii. If we shift the office to another place within the city, we shall intimate the designated AD Category - I bank. In the event of shifting the office to any other city in India, prior approval of the AD Category-I bank will be obtained. iv. We will abide by the terms and conditions that may be stipulated by the Government of India / Reserve Bank / designated AD Category - I bank from time to time. v. We, hereby commit that we are agreeable to a report / opinion sought from our bankers abroad by the Government of India /Reserve Bank. vi. We understand that the approval, if granted, is from FEMA angle only. Any other approvals / clearances, statutory or otherwise, required from any other Government Authority/ Department/ Ministry will be obtained before commencement of operations in India. vii. We have no objection to the Reserve Bank placing the details of approval in public domain. viii. We enclose the following documents: a. Copy of the Certificate of Incorporation / Registration; Memorandum of Association and Articles of Association attested by the Notary Public in the country of registration. [ If the original Certificate is in a language other than in English, the same may be translated into English and notarized as above and cross verified/attested by the Indian Embassy/ Consulate in the home country ]. b. Audited Balance sheet of the applicant company for the last three/ five years in case of branch office/liaison office respectively. [ If the applicants home country laws/regulations do not insist on auditing of accounts, an Account Statement certified by a Certified Public Accountant (CPA) or any Registered Accounts Practitioner by any name, clearly showing the net worth may be submitted ] c. Bankers' Report from the applicant s banker in the host country / country of registration showing the number of years the applicant has had banking relations with that bank. d. Power of Attorney in favour of signatory of Form FNC in case the Head of the overseas entity is not signing the Form FNC. (Signature of Authorised Official of the Applicant Company) Name: Designation: Place: Date: ****** Notes 1. Inserted vide Notification No. FEMA 22(R) (1)/2018-RB dated 31-08-2018
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