Form FC-GPR (Foreign Currency - Gross Provisional Return) is a compliance form which needs to be filed by Indian companies with the Reserve Bank of India (RBI) in cases where it received foreign investment by way of share issue or other acceptable capital instruments.
Through the RBI portal known as FIRMS (Foreign Investment Reporting and Management System), it is submitted.
This form is to be filed by any Indian company which is a recipient of foreign direct investment (FDI). In particular, the form is to be filled in two cases:
Sells equity shares, preference shares, debentures or convertible instruments to a foreign investor.
It is taken in foreign currency or on NRE/NRO accounts.
Power of allotment of shares by Board resolution.
Investment Agreement (if any) / Shareholder Agreement.
KYC Report of foreign investors (Take out a copy of the KYC report of foreign investors of overseas banks).
FIRC (Foreign inward remittance certificate).
CS Certificate certifying the success of rules mentioned in the Companies Act, FDI policy and valuation norms.
SEBI merchant banker valuation report or a chartered accountants report.
Statement made by the Representative of the Company.
Memorandum of Association (MOA) (in the case of the first-time allotment only).
Relevant Government approvals (in case of investment that comes within the approval route).
Be a user of the FIRMS portal in the Entity User (https://firms.rbi.org.in).
Once confirmed, log in and choose Single Master Form (SMF).
Choose the form FC-GPR from the list of forms by clicking it.
Enter all the details available:
Post all the required documents.
You can send the form electronically through a Digital Signature Certificate (DSC) of the authorised person.
The submission will be reviewed and approved/rejected by the RBI or the Authorised Dealer Bank, as the case may be.
A Foreign investor has to make a new filing of FC-GPR on each new issuance of shares to him.
There should also be a valuation based on the RBI and valuation norms.
Late filing provides interest penalties.
Other share transfers or changes of ownership are reported using other forms and not using FC-GPR.
Missing the deadline by 30 days.
Ensuring that the improperly or without a signature uploaded documents.
Erroneous mode of valuation or old reports.
Failure to take KYC of the bank of the foreign investor.
Applying an incorrect type of instrument (Equity vs CCD vs Preference Shares).
The Form FC-GPR Filing is a compliance requirement specified by FEMA on the Indian companies issuing capital instruments to foreign investors. The form should be filled correctly and on time without incurring a penalty and being out of compliance with the regulations. A Company Secretary or FEMA consultant should be consulted when the transaction is complicated or in the case of the first filing.
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