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TMI BlogDetails of Indian Entity (IE)/ Resident Individual (RI)/ Trust/ SocietyX X X X Extracts X X X X X X X X Extracts X X X X ..... ransaction and FC being undertaken currently Note : For computing the INR equivalent of the current FC the exchange rate as on date of current transaction or date of reporting, whichever is earlier, may be used. in Foreign Currency (FCY) in INR xii Contact Person xiii Designation of the contact person xiv Telephone Number xv Mobile Number xvi E-mail ID IV Status of IE/ RI/ Trust/ Society: (Please tick appropriate category) i. Public Sector Company vi. Society ii. Private Sector Company vii. LLP iii. Individual viii. Others (please specify) iv. Registered Partnership v. Trust V Whether the IE/ RI/ group company/ Trust/ Society making FC or undertaking disinvestment is under Investigation/ is a wilful defaulter/ has account as NPA (please refer to Rule 10 of OI Rules). If yes, mention the name of the Regulator/ investigating agency/ lender bank and the duration of investigation From Date To Date (if applicable) Name of Regulator/ Agency/ Lender VI Particulars of existing foreign entities of the IE/ RI/ group company/ Trust/ Society already in operation or under implementation (Attach separate sheet if required) Name of foreign entity Unique Identification Number (UIN) allotted by Res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uity capital Loan Guarantee invoked 2 ECB Equity capital Loan Guarantee invoked 3 ADR Equity capital Loan Guarantee invoked 4 GDR Equity capital Loan Guarantee invoked 5 Swap of securities Equity capital 6 Capitalization exports Equity capital 7 Capitalization others @ (specify) Equity capital 8 Others fund based (please specify) (e.g., acquisition by way of exercise of Rights) Equity capital Loan 9 Corporate or personal guarantee issued Corporate guarantee by Indian Entity (IE) Personal guarantee Corporate guarantee by third party Issue date Validity date 10 Performance guarantee Issued Issue date Validity date 11 Bank Guarantee Issued Bank Guarantee Issued (Mention name of the Bank) Issue date Validity date 12 Rollover/ Change in guarantee $ (Specify) Rollover date Validity date 13 Pledge/ creation of charge foreign assets Shares of foreign entity/ SDS Movable immovable properties of foreign entity/ SDS Other financial assets Date of creation Validity Date (Amount to be reckoned as FC) 14 Creation of charge domestic assets (name of the overseas lender) Shares of IE and/or its group companies Movable immovable properties of IE and/ or its group Other financial assets of IE and/ or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ividual (RI) (Strike out whichever is not applicable) (a) I/ We have an account appearing as Non-Performing Asset (NPA)/wilful defaulter, or am/ are under investigation by a financial sector regulator, or am/ are under investigation by investigative agencies in India, viz., Central Bureau of Investigation or Directorate of Enforcement or Serious Frauds Investigation Office Accordingly, i. NOC has been obtained enclosed herewith as prescribed under Rule 10 of the OI Rules, or ii. The lender bank(s)/regulatory body/investigative agency concerned failed to furnish the objection(s) within sixty days from the date of receipt of application for NOC. (b) Wherever applicable, the Share certificate/ other evidence as required in Regulation 9 and other reporting requirement as required in terms of Regulation 10 of OI Regulations, as stipulated by the Reserve Bank from time to time, in respect of the foreign entity under this UIN has been submitted/completed. (c) Financial commitment undertaken by means of debt is in compliance with OI Rules and OI Regulations, or corresponding extant Regulations in case where the transaction has been done under the earlier overseas investment framework**, as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 19 of Foreign Exchange Management (Overseas Investment) Rules, 2022 or corresponding extant Regulations in case where the transaction has been done under the earlier overseas investment framework**, as stipulated by the Reserve Bank from time to time. ii. The NOC as required in terms of Rule 10 of Foreign Exchange Management (Overseas Investment) Rules, 2022 has been obtained, wherever applicable. iii. The remittance/transaction amount towards the investment together with earlier Financial Commitment is within the limit as stipulated by the Reserve Bank from time to time. The total financial commitment of the Indian entity __________________________ (Name of the Indian entity) is _______(in foreign currency) the INR equivalent^ of which works out to INR ______ that works out to ____% of its Net Worth which is INR ___________/-, as on the date of last audited balance sheet, i.e., (date ________) iv. Indian entity has complied with the pricing/valuation norms prescribed in Foreign Exchange Management (Overseas Investment) Rules, 2022, or corresponding extant Regulations in case where the transaction has been done under the earlier overseas investment framework**, as stipulated b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... actuals 13 digit Unique Identification Number allotted by the Reserve Bank Name, AD Code and branch of the designated AD bank S. No. Particulars I PAN and Name of the Indian Entity (IE) II Name of the foreign entity III % Stake held by IE in the foreign entity IV Total amount of Financial Commitment undertaken by IE in this UIN till date a) Equity b) Debt c) Guarantee/ other non-fund based commitment V Total accumulated losses (based on latest audited financial statements) VI Proportionate amount of accumulated losses based on share of the IE VII Date of restructuring VIII Total outstanding dues towards the IE as on date of restructuring IX Amount of diminution in the total value of the outstanding dues a) Equity b) Debt c) Receivables (i) Interest (ii) Dividend (iii) Others (Specify) X Date of the valuation certificate XI Total amount of financial commitment post restructuring a) Equity b) Debt c) Guarantee/ other non-fund based commitment XII % stake held by IE post restructuring Declaration by the Indian Entity (IE) (Strike out whichever is not applicable) a. The foreign entity has been incurring losses for last 2 years b. The amount of original investment is less than USD 10 mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a VI % Stake held at the time of disinvestment % stake disinvested in case of partial disinvestment VII Method of disinvestment Details to be furnished as Annex to the Form FC Section G along with relevant documentary evidence (Please strike out whichever method is not applicable) i. Sale or transfer of equity capital to another person resident in India/ foreign partner/ Individual or merger/ liquidation of IE Furnish the details of the entity buying the stake and whether the entity purchasing the stake is an existing foreign partner/ Indian partner in the foreign entity or a foreign party/ person resident in India buying stake in the concerned foreign entity for the first time. ii. Closure/voluntary liquidation of the foreign entity Please attach relevant documentary evidence iii. Buy back by the foreign entity Please attach relevant documentary evidence iv. Merger of two or more foreign entities of the same person resident in India Furnish details of merging foreign entity and the surviving foreign entity such as name, UIN of the foreign entity and the name of the person resident in India concerned of both the foreign entities. Also furnish details of SDS of those foreign entity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the transferor has stayed invested for at least a year from the date of making ODI. (e) All the remittances/ transactions have been reported to Reserve Bank and it reconciles with the remittances / transaction details reported to the Reserve Bank. (f) All the guarantees issued on behalf of the foreign entity and its SDS are either novated to another entity or the guarantees are closed. (g) In case any SDS has become the direct foreign entity as a result of disinvestment in the foreign entity then it is certified that relevant sections of the Form FC with respect to all such SDS are submitted to Reserve Bank through the AD bank for allotment of UIN. (h) I/ We hereby certify that the information furnished above are true and correct. I/We also duly acknowledge that if any information furnished by me/us is found to be false and/or incorrect, it shall be construed that the reporting requirements under FEMA, 1999 have not been complied with. Place Place Date Date Signature and seal of authorised official of the IE / RI) (Signature and seal of authorised official of the AD) Name Name Designation Designation Tel. No. Tel. No. Email Email Instructions for filling up the Form FC 1) The Form ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y not be furnished again. A copy of the earlier furnished Form FC may be submitted to AD for reference. 9) For subsequent remittances, Section A and B may not be filled unless there is any change in the details of the person resident in India/ foreign entity/ SDS/ capital structure submitted at the time of reporting of previous Form FC. 10) In case of issuance of guarantee by a group company, it shall be counted towards the utilization of its financial commitment limit independently and if such group company has any fund-based exposure to or from the Indian entity the same shall be deducted from the Net worth of such group company for computing its financial commitment limit and shall be reported accordingly as provided in Regulation 5(2) of OI Regulations. 11) AD may ensure that any financial commitment by an Indian entity by way of loan is duly backed by a loan agreement and that rate of interest as mentioned in such agreement is charged on an arm s length basis. 12) AD bank may ensure that as on the date of undertaking the actual financial commitment, the person resident in India does not breach the limit of financial commitment prescribed by Reserve Bank. 13) In case of persona ..... 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