9911796707
TMI BlogFORM ODIX X X X Extracts X X X X X X X X Extracts X X X X ..... ________ (4) Registered Partnership ___________________ (5) Proprietorship_______________________ (6) Unregistered Partnership__________________ (7) Trust______________________________ (8) Society_______________________________ (9) Others____________________________ (VI) Activity code of Indian Party*_____________________ *NIC code at 3-digit level [If the Indian Party is engaged in Financial sector or falls under the category of Proprietorship, Unregistered Partnership or Financial sector, please furnish the details In Item VII below]. (VII) Financial particulars of the Indian Party for the last 3 years (Amt. in Rs. 000s) Particulars Year 1 31-3- Year 2 31-3 Year 3 31-3 Foreign exchange earnings (excluding equity exports to JV/WOS) Net profit Paid-up Capital Net worth of (a) Indian Party (b)Group Company@ @ In terms of Explanation to Regulation 6 (3) of Notification No. FEMA 120/ RB-2004 dated July 7, 2004 (VIII) Particulars of existing Joint Ventures (JV) and Wholly Owned Subsidiaries (WOS) already in operation or under implementation, of the Indian party and its group concerns: Sr. No. Name of Indian Party Unique Identification Number allotted by Reser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ___________________________________________________ II Estimated cost of overseas acquisition for the Indian Party______________________________________ III Financial commitment * (in applicable FCY): FYC IV ________________________________________ IV Method of Investment by Indian Party (i) Cash Remittance (a) EEFC_____________________________________ (b) Market Purchase_____________________________ (ii) Capitalization of (a) Export of plant and machinery____________________ (b) Others (please Specify)_________________________ (iii) ADRs /GDRs [RAISED overseas]________________ (iv) ECB/FCCB ________________________________ (v) Swap of shares _______________________________ (vi) Others(Please specify)___________________________ Total A [Indian Party]_____________________________ V. Whether JV/WOS is SPV (Y/N)_____________________ (a) If Y, purpose of SPV: _____________________________ i) Full value of the overseas acquisition ____________________ ii) Direct/Indirect infusion by SPV________________________ ii) Funds raised overseas with guarantee/ counter guarantee from Indian party_______________________ iii) Funds raised overseas without guarantee/ counter g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d from time to time (Foreign Exchange Management (Transfer or Issue of any Foreign Security) Regulations, 2004) have been complied with by the Indian party(Name of the Indian Party) in respect of the investment under report. In particular, it is certified that: (i) the investment is not in real estate oriented or banking business, and (ii) the amount of foreign exchange proposed to be purchased for remittance towards the investment together with remittances for all overseas investments already made and exports and other dues capitalized/swap of shares/investment from ECB/FCCB balances for investment abroad under the Automatic Route is within the limit stipulated by the Reserve Bank from time to time. This has been verified with reference to the net worth of the Indian party (Name of the Indian Party) as on the date of last audited balance sheet, i.e. ………………..(date) (iii) has complied with the valuation norms prescribed for the investment (iv) has complied with the ECB guidelines # (v) that the Indian party (a) has made net profits during the preceding three years, (b) has fulfilled the prudential norms of capital adequacy as prescrib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Statutory Auditors confirming compliance with the prescribed terms and conditions by the Indian party; ii) is in accordance with the terms and conditions of the approval letter issued by the Reserve Bank; and iii) in respect of the invoked guarantee remittance has been made after satisfying that the claim is in conformity with the terms and conditions of the guarantee Issued to/on behalf of the JV/WOS abroad. Place:________________ Date:________________ (Signature of authorised official of the bank) Name:_____________________ Designation_________________ Tel. No.___________________ FAX No.__________________ Stamp/Seal_____________________ PART III ANNUAL PERFORMANCE REPORT (APR) (To be submitted certified by Chartered Accountant through the designated AD Category-- I bank every year within 3 months of the closing of annual accounts of the JV/WOS as long as the JV/WOS is existence) I. Date of APR: _________________ II. Unique Identification Number (Please indicate 13 digit Unique Identification number issued by RBI) III. Changes in capital structure since last reporting Amount (new) share (new) Indian Foreign IV. Operational details of the JV/WOS for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly Owned Subsidiary; (c) The Indian party does not have any outstanding dues by way of dividend, technical know-how fees, royalty, consultancy, commission or other entitlements, and/or export proceeds from the Joint Venture or Wholly Owned Subsidiary, (d) The overseas concern has been in operation for at least one full year and the Annual Performance Report together with the audited accounts for that year has been submitted to the Reserve Bank; (e) The Indian party is not under investigation by CBI/ED/SEBI/IRDA or any other regulatory authority in India. Place:_________________________ Date:__________________________ (Signature of authorised official of the bank) Name:_____________________________________ Designation:_________________________________ Tel No.____________________________________ FAX No.___________________________________ Stamp/Seal:_________________________________ -------------------- Notes:- 1. Substituted & Revised vide Notification No. FEMA 249/RB-2012, dated 22-11-2012, before it was read as:- "Section E: Declaration by the Indian Party I (a) Whether the applicant party(ies), its promoters, directors, etc., are under investigations by any investi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e towards the investment together with remittances for all overseas investments already made and exports and other dues capitalized / swap of shares / investment from ECB / FCCB balances for investment abroad under the Automatic Route is within the limit stipulated by the Reserve Bank from time to time. This has been verified with reference to the net worth of the Indian party as on the date of Last audited balance sheet, i.e. (date) (iii) has complied with the valuation norms prescribed for the investment (iv) has complied with the ECB guidelines # (v) that the Indian party (a) has made net profits during the preceding three years, (b) has fulfilled the prudential norms of capital adequacy as prescribed by the regulatory authority concerned; (c) has been registered with the appropriate regulatory authority in India and (d) has obtained approval for the investment in financial services sector activities from the regulatory authorities concerned in India and abroad * Note: - *Applicable only in cases where the investment is in the financial services sector (e.g. insurance, mutual fund, asset management. etc.). # Applicable where investment is funded through ECB/FCCB balances. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
