Foreign Direct Investment – Reporting of issue / transfer of Shares to/by a FVCI

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.... India (resident) or vice versa, has to be reported to an Authorized Dealer bank within 60 days of transactions. Further, the receipt of consideration for issue of shares as well as the issue of shares of an Indian company, to a non-resident has to be reported to the Reserve Bank of India through an Authorized Dealer bank within 30 days of the transaction. 3. It has been observed that SEBI registered FVCIs making investments in an Indian Company under FDI Scheme in terms of Schedule 1 of Notification No. FEMA 20/2000 -RB dated May 3, 2000, as amended from time to time, also report the same transaction under Schedule 6 of the Notification ibid, resulting in double reporting of the transaction. 4. It is clarified that wherever a SEBI registered FVCI acquires shares of an Indian company under FDI Scheme in terms of Schedule 1 of Notification No. FEMA 20/2000 -RB dated May 3, 2000, as amended from time to time, such investments have to be reported in form FC-GPR/FC-TRS only, as applicable. Where the investment is under Schedule 6 of the Notification ibid, no FC-GPR/FC-TRS reporting is required. Such transactions would be reported by the custodian bank in the monthly reporting format ....

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.... is located Percentage of FDI allowed as per FDI policy State whether FDI is allowed under Automatic Route or Approval Route (strike out whichever is not applicable) Automatic Route / Approval Route Details of the foreign investor / collaborator¹* Name Address Country Constitution / Nature of the investing Entity [Specify whether 1. Individual Company 2. 3. FII 4. FVCI# 5. Foreign Trust 6. Private Equity Fund 7. Pension / Provident Fund 8. Sovereign Wealth Fund (SWF)² 9. Partnership / Proprietorship Firm 10. Financial Institution 11. NRIS/PIO 12. Others (please specify)] Date of incorporation If there is more than one foreign investor/collaborator, separate Annex may be included for items 3 and 4 of the Form. 2 SWF means a Government investment vehicle which is funded by foreign exchange assets, and which manages those assets separately from the official reserves of the monetary authorities. # The investment/s is/are made by FVCI under FDI Scheme in terms of Schedule I to Notification No. FEMA 20/2000-RB dated May 3, 2000. 4 (a) Particulars of Shares / Convertible Debentures /others Issued Nature and date of issue Nature of issue 01 ....

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....ares/ Debentures/other S Amount (Face Value) Rs. % DECLARATION TO BE FILED BY THE AUTHORISED REPRESENTATIVE OF THE INDIAN COMPANY: (Delete whichever is not applicable and authenticate) We hereby declare that: 1. We comply with the procedure for issue of shares / convertible debentures as laid down under the FDI scheme as indicated in Notification No. FEMA 20/2000-RB dated 3rd May 2000, as amended from time to time. 2. The investment is within the sectoral cap / statutory ceiling permissible under the Automatic Route of RBI and we fulfill all the conditions laid down for investments under the Automatic Route namely (strike off whichever is not applicable). a) Shares issued on rights basis to non-residents are in conformity with Regulation 6 of the RBI Notification No FEMA 20/2000-RB dated 3rd May 2000, as amended from time to time. b) Shares issued are bonus. OR OR c) Shares have been issued under a scheme of merger and amalgamation of two or more Indian companies or reconstruction by way of de-merger or otherwise of an Indian company, duly approved by a court in India. OR d)Shares are issued under ESOP and the conditions regarding this issue have been sat....

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.... (Name & Signature of the Company Secretary) (Seal) FOR USE OF THE RESERVE BANK ONLY: Registration Number for the FC-GPR: Unique Identification Number allotted to the Company at the time of reporting receipt of remittance R 3 If the company doesn't have full time Company Secretary, a certificate from practicing Company Secretary may be submitted Document 2 [ANNEX-II to A.P.(DIR Series) Circular No.110 of 12.06.2013] Form FC-TRS Declaration regarding transfer of shares / compulsorily and mandatorily convertible preference shares (CMCPS) / debentures/others by way of sale from resident to non resident / non-resident to resident (to be submitted to the designated AD branch in quadruplicate within 60 days from the date of receipt of funds) The following documents are enclosed For sale of shares/compulsorily and mandatorily convertible preference shares/ debentures/others by a person resident in India Ä°. ii. iii. iv. V. vi. vii. Consent Letter duly signed by the seller and buyer or their duly appointed agent and in the latter case the Power of Attorney Document. The shareholding pattern of the investee company after the acquisition of shares by a person ....

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....nd Place of Incorporation Address of the seller (including e- mail, telephone Number Fax no) 6 Particulars of earlier Reserve Bank/FIPB approvals 7 Details regarding shares / compulsorily and mandatorily convertible preference shares (CMCPS) / debentures/ others (such as FDI compliant instruments like participating interest rights in oil fields, etc.) to be transferred Date of the transaction Number of shares CMCPS/ debentures /others Face value in Rs. Negotiated Price for the transfer**in Amount of consideration in Rs. Rs. ## The initial investment/s was/were made by FVCI under FDI Scheme in terms of Schedule 1 to Notification No. FEMA.20/2000-RB dated May 3, 2000. д SWF mean a Government investment vehicle which is funded by foreign exchange assets, and which manages those assets separately from the official reserves of monetary authorities. 8 Foreign Investments in the No. of shares Percentage company Before the transfer After the transfer 9. Where the shares/CMCPS/ debentures / others are listed on Stock Exchange Name of the Stock Exchange Price Quoted on the Stock exchange Where the shares/CMCPS/ debentures / others are Unlisted ....