TaxTMI 
TaxTMI 
Foreign Exchange Management (Transfer or issue of Any Foreign Security) (Amendment) Regulations, 2008
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.... 6: In the Foreign Exchange Management (Transfer or Issue of Any Foreign Security) Regulations, 2004 (Notification No. FEMA 120/RB-2004 dated July 7, 2004 (hereinafter referred to as the 'principal regulations' ) in Regulation 6, (i) in sub- regulation (2), for clause (iv) the following shall be substituted, namely: "(iv) The Indian Party has submitted its Annual Performance Report in respect of all its overseas investments in the format given in Part III of the Form ODI." (ii) In sub- regulation (2 ), for clause (vi), the following shall be substituted, namely:- "(vi) the Indian Party submits Part I of the Form ODI, duly completed, to the designated branch ,of an authorized dealer." (iii) in sub-regulation (5), in the proviso, for clause (b), the following shall be substituted, namely: "(b) The Indian Party files with the designated authorised dealer in Parts I and II of the Form ODI full details of the investment proposed." 3. Amendment of Regulation 9: In the principal Regulations, in Regulation 9, in sub-regulation (2), the following shall be substituted, namely:- "(2) Application for direct investment in Joint Venture/Wholly Owned Subs....
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.... General Manager-in-Charge Foot Note :— (i) The Foreign Exchange Management (Transferor Issue of Any Foreign Security) Regulations, 2004 were published in the Official Gazette vide: G.S.R.No.757 (E) dated November 19, 2004 and subsequently amended vide: G.S.R. No.220 (E) dated April 7, 2005 G.S.R. No.337 (E) dated May 27, 2005 G.S.R. No.552 (E) dated August 31, 2005 G.S.R.No. 535(E) dated September 6, 2006 G.S.R.No. 13(E) dated January 5, 2008 G.S.R.No. 209(E) dated March 25, 2008 G.S.R.No.____________ dated_____________ (ii) It is clarified that no person will be adversely affected as a result of retrospective effect being given to these Regulations. **************************************** ANNEX FORM OVERSEAS DIRECT INVESTMENT (ODI) FORM ODI PART I For office use only Date of Receipt _____________ Inward No._________________ Section A: Details of Indian Party (I) Investment under (i) Automatic Route _______________ (ii) Approval Route____________________ (In case there is more than one Indian party, information may be given on separate sheets for each of-the parties) (II) Name of Indian Party ____________________....
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.... party and its group concerns: Sr. No. Name of Indian Party Unique Identification Number allotted by Reserve Bank 1. 2. 3. (IX) Whether the proposed investment is (Tick the appropriate box) (a) New Project _____________(Please furnish the details in Section B) (b) Existing Project* _________________ (Please furnish the details in Section C) * Acquisition of stake in an already existing JV/WOS overseas promoted by an Indian party. Section B Details of Investment in New Project For Reserve Bank use. only Unique Identification Number (I) Purpose of investment (Please tick appropriate category) (a) Participation in JV_______________ (b) Contribution in WOS _______________________ (c) Full acquisition of a foreign concern___________________ (d) Partial acquisition of a foreign concern _________________ (e) Investment in unincorporated entity________________....
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...._________ 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 guarantee from Indian Party_________________________ iv) Funds contributed i....
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.... (Signature of authorised official) St....
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....______________________ In case investment is in the existing JV/WOS please indicate Unique Identification No. already allotted: No. (I) Name of Indian Company: ______________________________________________________ (II) Is there any change in Company name since last reporting? (Y/N)___________________________ If Yes, specify Old Company Name __________________________________ DETAILS OF CURRENT REMITTANCES EFFECTED (Amount in 000's of FCY) Code of Reporting AD___________ foreign currency **:_________________ (a) From EEFC A/c. Equity Loan Guarantee (Invoked) Date of Remittance (b)By Market Purchases Equity Loan Guarantee (Invoked) Date of Remittance (c) From the ADR/GDR funds Equity Loan Guarantee (Invoked) Date of Remittance (d)By Swap of Shares Equity Loan Guarantee (Invoked) Date of Swap XXXX (e) From EC....
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....sp; (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 the last two years (Amount in 000's FCY) Previous Year Current Year i) Net Profit / (Loss) ii) Dividend iii) Net worth V. Repatriation from the JV/WOS Foreign exchange earnings from Joint Ventures (JV) and Wholly Owned Subsidiaries (WOS) During the last year ended Since commencement of business (i) Profit (ii)Dividend (iii) Retained Earnings* (iv) Investment into India ....