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OUTWARD FX
REMITTANCES
DOCUMENTS TO BE
SUBMITTED
A REFERENCE
GUIDE
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
OUTWARD FX REMITTANCES
DOCUMENTS TO BE SUBMITTED - A REFERENCE GUIDE
INDEX
PURPOSE OF REMITTANCE S.No.
D: MEDIA REMITTANCES
Advertisement on T V Media D1
Advertisement in Print Media Abroad (Except State Government and its
Public Sector Undertakings) D2
Advertisement on Periodicals / Magazines etc D3
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
G: PERSONAL REMITTANCES
Employment abroad G1
Emigration G2
Gift Remittance G3
Donations G4
Remittance for maintenance to close relatives abroad by foreign nationals
who are in regular employment of Indian Firms/ companies G5
Salary credit to the foreign currency accounts abroad of a foreign national
who are on deputation to the office, branch in India. G6
H: OTHER REMITTANCES
Remittance of Dividend H1
Refund of Income-tax of Non-Resident Firms/ Companies H2
Hospitality to Foreign National H3
Remittance of Royalty & Technical fees H4
Remittance of Insurance Premium by MTO H5
Remittance of repairs of machinery / APU, spare parts of Aircraft etc : H6
Bids in Foreign Currency for Projects to be executed in India H7
Consular fees H8
Remittances of artiste e.g. wrestler, dancer, entertainer etc.
engaged by hotels in five star categories. H9
Engagement of overseas coaches / trainers H10
Remittance of Profit of a branch H11
Remittance of surplus on completion of the Project H12
Agency commission on Exports H13
Refund of Export proceeds H14
Remittance of current income from NRO account H15
Remittance of Legal fees H16
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
A 1. Business visits :
Documents required :
a) Clients letter, indicating name, address, passport number of the traveler and debit authority
b) Form A2
c) FEMA declaration
d) Clients declaration to the effect that amount of remittance does not exceed USD 25000/-
per visit.
A 2. Medical Treatment :
Documents required :
a) Letter indicating name, address, passport number of the applicant, country/hospital details
of medical treatment, beneficiary bank details and debit authority
b) Form A2
c) Form TRM 1
d) Hospital / Doctors estimate or Doctors certificate in form TRM2
e) Copy of passport and confirmed Airticket.
f) FEMA declaration
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Letter indicating name, address, passport number of the applicant, country/hospital details
of medical treatment, beneficiary bank details and debit authority
b) Form A2
c) Copy of passport and confirmed Airticket.
d) FEMA declaration
e) A declaration to the effect that the remittance amount does not exceed USD 5000.00 for the
calendar year.
f) BTQ form
A 4. Studies abroad :
Documents required :
a) Letter indicating name, address, passport number of the applicant, details of college /
institution and debit authority
b) Declaration in from TRS
c) Form A2
d) Original certificate in support of educational qualification
e) College / Institution prospectus, syllabus in original giving details of course fee etc.
f) Copy of passport and confirmed Air ticket.
g) FEMA declaration
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Letter indicating name, address, passport number of the applicant, country/hospital details
of medical treatment, beneficiary bank details and debit authority
b) Form A2
c) Form TRM1
d) Hospital / Doctors estimate or Doctors certificate in form TRM2
e) Copy of passport and confirmed Airticket.
f) FEMA declaration
Documents required :
a) Letter indicating name, address, passport number of the attendant, country/hospital details
of medical treatment, beneficiary bank details and debit authority
b) Form A2
c) Copy of Form TRM1 submitted by patient
d) Copy of passport and confirmed Airticket of the attendant.
e) FEMA declaration
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Clients letter, indicating name, address, passport number of the traveler, duration and
nature of visit to each country, beneficiary bank details and debit authority
b) Form A2
c) Clients declaration to the effect that amount of remittance does not exceed USD 25000.00
per person.
d) Copy of the brochure
e) FEMA declaration
Documents required :
a) Clients letter, indicating name, address, passport number of the traveler, duration and
nature of visit to each country, beneficiary bank details and debit authority
b) Clients declaration to the effect that amount of remittance does not exceed USD 25000.00
per person.
c) Form A2
d) Statement giving the details of name of the pilots etc training hours, rate, total amount duly
signed by the customer.
e) DGCA Approval
f) FEMA declaration
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Clients letter, indicating purpose of remittance, beneficiary bank details and debit authority
b) DGCA approval for training
c) Copy of letter / correspondence for training
d) Declaration to the effect that the remittance of hotel accommodation charges are on
account of training to the pilots and amount of remittance does not exceeds USD 25000.00
inclusive of training cost of training per person.
e) Form A2
f) Statement giving the details of invoice no. name of the participant, period amount and
passport no.
g) Consolidated invoice / separate invoice indicating the name of the individual / Room
details.
h) FEMA declaration
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority
b) Agency agreement (One time till expiry date)
c) RBI permission to carrying on their commercial activity in India ( One time till expiry
date)
d) DGCA approval (in case of off-line carriers)
e) No objection / Tax Clearance certificate from ITA in original or Undertaking / certificate
(in duplicate) regarding payment of Income Tax in the prescribed form (‘form’ provides
for auditors certificate)
f) Form A2
g) Form SPM1
h) FEMA declaration
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority
b) Form A2
c) Copy of Registration Certificate issued by the Director General of Shipping (One time till
expiry date)
d) Invoice / Debit Note from Overseas agent
e) Non negotiable copy of Multimodal Transport Document as approved by DGS
f) Proof on carriage – Bill of Lading, Railway Receipt, Transport / lorry receipt / invoice
alongwith sector tariff card/ evidence of the rates having been decided prior to shipment /
on carriage, receipt from the transporter in case of Inland waterways.
g) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate)
h) Declaration from the exporters about freight paid (if the MTD is prepaid) and / or the terms
of payment of Terminal Handling charge of transhipment / discharge port
i) Statement in form CAS
j) FEMA declaration
k) Agency agreement (one time till expiry)
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority
b) Agency Agreement (One time)
c) Chartered Accountant Certificate to the effect that the amount of remittance applied for has
been verified with reference to copy of prepaid Master Airway Bill / Master Bill of Lading
together with the original relative House Airway Bill / House Bill of Lading as also cargo
manifests and invoices from overseas consolidators and had been found correct.
d) A statement in form CAS.
e) FEMA declaration
f) Form A2
g) Form BBI
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C 6. Remittance of Demurage
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority
b) Sale contract
c) Charter Party Agreement (in the cases when in the sale /purchase agreement there is a
specific reference of Charter Party Agreement)
d) Notice of readiness
e) Lay time statement / statements of facts or
f) Survey report
g) Work sheet for demurrage calculation
h) Copy of bill of lading
i) Certified copy of Bill of entry (in respect of Imports)
j) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate)
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority
b) Copy of Airway Bill/ Bill of Lading
c) Form A2
d) FEMA declaration
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
D: MEDIA REMITTANCES
D 1. Advertisements on TV Media :
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Copy of agency agreement ( one time till expiry date)
c) Form A 2
d) I) Chartered Accountants certificate to the effect that applicant exporter satisfies the
criteria of having export earning of more than Rs. 10 lakhs during each of the
preceeding two years.
(Shall not apply to drawal made out of funds held in Resident Foreign
Currency Account or Exchange Earners Foreign Currency Account.)
II) and the advertisement for which foreign exchange is being remitted will be
broadcast by the foreign television company in foreign countries and not in India
alone.
e) Original final bill/invoice from the overseas TV company along with their confirmation
that the advertisement has already been telecast on their media.
f) No objection / Tax clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income – Tax in the prescribed form
(‘form’ provides for auditors certificate)
g) FEMA declaration
h) Chartered Accountants certificate on the summary sheet stating that this amount
has not yet paid and still outstanding in the books of clients account.
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority
b) Form A2
c) Invoice/ bill from overseas publisher
d) Clippings of the advertisements
e) Undertaking / Certificate (in duplicate) regarding payment of Income – Tax in the
prescribed form (‘form’ provides for auditors certificate)
f) In case of advertisements released by State Govt.Dept. / undertakings approval letter from
the Ministry of Finance (Dept of Economic Affairs) Govt Of India , New Delhi should be
called for.
g) FEMA declaration
A statement indicating how the net remittable amount has been arrived at duly certified by a
Chartered Accountant.
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and
debit authority
b) Form A2
c) Invoice/ bill from overseas publisher
d) Clippings of the advertisements
e) Undertaking / Certificate (in duplicate) regarding payment of Income – Tax in the
prescribed form. (‘form’ provides for auditors certificate)
f) FEMA declaration
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority
b) Form A2
c) Invoice / statement showing the details of remittance received
d) Statement in form CTA
e) Original FIRC
f) FEMA declaration
Documents required :
a) Clients letter, indicating the purpose of remittance, (indicating the reason for refund)
beneficiary bank details and debit authority
b) Invoice or claim letter
c) Original FIRC
d) FEMA declaration
e) Form A 2
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Copy of the tie-up agreement with foreign service providers (one time – till validity)
c) Form A2
d) Statement showing the details of remittable amount
e) FEMA declaration
f) A declaration from the client to the effect that the remittance is being made out of the
foreign exchange purchased by the concerned traveller from an authorised person
(including exchange drawn for private travel abroad) in accordance with the Rules,
Regulations and Directions in force.
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Form A2.
c) Invoice from the overseas company indicating the amount of charges, nature of services
rendered and description of machinery / equipment / software imported.
d) Copy of contract / agreement
e) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate)
f. Documentary evidence to ensure that the machinery / equipment / software has been
actually imported into India.(Bill of entry etc)
g) FEMA declaration
h. Client’s declaration to the effect that the machinery / software not covered under any
warranty / guarantee period.
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and
debit authority.
b) Copy of the agreement
c. Statement of support services rendered
d. Form A2
e. Passport copies of pilots
f) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate)
g) FEMA declaration
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Form A2
c) Form EFT
d) Copies of Passport
e) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate)
f) FEMA declaration
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Form A2
c) Documentary evidence in support of such fees.
d) FEMA declaration
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Form A2
c) Invoice / debit notes.
d) FEMA declaration
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Form A2
c) Invoice
d) Certified copy of the invoice / correspondence
e) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate)
f) Undertaking from the client that they have complied with the provisions of R & D Cess act
1986.
g) Confirmation from the applicant that the assignment has been completed.
h) Client’s declaration to the effect that the remittance is not exceeded USD 100,000.00 per
project.
i) FEMA declaration
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Form A2
c) Copy of the contract / correspondence
d) Invoice
e) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate
f) Confirmation from the applicant that the assignment has been completed.
g. Client’s declaration to the effect that the remittance is not exceeded USD 100,000.00 per
project.
h) FEMA declaration
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Form A2
c) Invoice from the overseas acredited agency indicating details of products(s) fees payable
for certification.
d) FEMA declaration
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G: PERSONAL REMITTANCES
G 1. Employment abroad :
Documents required :
a) Letter, indicating name, address, passport number of the applicant and debit authority
b) Form A2
c) Original copy of letter of appointment received from the overseas organisation.
d) Copy of passport and confirmed Air-ticket
e) FEMA declaration
G 2. Emigration :
Documents required :
a) Letter indicating name, address, passport number of the applicant, country of emigration,
beneficiary bank details and debit authority
b) Form A2
c) Documentary evidence in support of emigration.
d) Copy of passport and confirmed Air-ticket.
e) FEMA declaration
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
G 3. Gift remittance :
Documents required :
a) Letter, indicating the purpose of remittances, beneficiary relation,bank details and debit
authority
b) Form A 2
c) Form REM
d) Declaration to the effect that the amount does not exceed USD5000.00.
d) FEMA declaration
G 4. Donations :
Documents required :
a) Letter, indicating the purpose of making gift, name address of the and activities of the
organisation, beneficiary bank details and debit authority
b) Form A 2
c) Documentary evidence such as brochure indicating the activities of the organisation.
d) Declaration from the client that the amount does not exceeded USD 5000.00.
e) FEMA declaration
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Form A2
c) Clients declaration to the effect that the employee concerned is in regular employment and
the said remittance does not exceed the net salary.
d) FEMA declaration
e) Copy of passport and employment visa (one time basis)
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Form A2
c) Clients declaration to the effect that
(I) employee concerned is in regular employment and the said remittance does not
exceed 75 percent of the salary
(II) remaining salary paid in rupees in India
(III) income tax is paid on the entire salary
d) FEMA declaration
e) Copy of passport and employment visa (one time basis)
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H: OTHER REMITTANCES
H 1. Remittance of Dividend :
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and
debit authority
b) Form A2
c) Form RCD 1 duly filled and signed
d) Form RCD 2 duly filled and signed
e) RBI approval for issuing shares (does not prohibit the remittance of dividend).
f) Copy of audited balance sheet and profit and loss account for the year to which dividend
relates.
g) Certified copy of Annual General Meeting of the company declaring the dividend.
h) FEMA declaration
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Original assessment order and copy of the Income – tax return for the corresponding
assessment year.
c) Confirmation from the authorised dealer through whom the income tax refund order has
been encashed that the proceeds of the refund order have been received.
d) Source (in details) of funds from which tax was originally paid.
e) FEMA declaration
f) Form A2
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Clients letter, indicating the purpose in detail of remittances, beneficiary bank details and
debit authority.
b) Copies of passport.
c) Form A2
d) Documentary evidence.
e) FEMA declaration
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Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority
b) Form A2
c) Original Invoice
d) Form MTR
e) NOC from General Insurance Corporation.
e) FEMA declaration
Documents required :
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a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) Copy of government authorisation for bidding procedure.
d) FEMA declaration
H 8. Consular fees :
Documents required :
a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) A certificate on Form A2 by the remitting mission.
“We hereby certify that the remittance represents visa fees / other consular collections made by
us and the amount so far remitted during the year is Rs……. The remittance during the
previous year viz……. Aggregated Rs……
d) FEMA declaration
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Copy of agreement / correspondence.
c) Original Invoice.
d) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) Copy of contract / agreement / correspondence.
d) Invoice
e) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate).
f) FEMA declaration
Documents required :
a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) RBI approval for opening a branch office
d) Certified copy of the audited balance sheet and profit and loss account for the relevant year
e) Chartered Accountant certificate certifying
1) the manner of arriving at the remittable profit,
2) that the entire remittable profit has been earned by undertaking the permitted
activities, and
3) the profit does not include any profit on revaluation of the assets of the branch.
f) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate).
g) FEMA declaration
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Documents required :
a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) RBI approval for opening a project office
d) Certified copy of the final audited project accounts
e) Chartered Accountant certificate showing the manner of arriving at the remittable surplus.
f) Income-tax assessment order or either documentary evidence showing payment of income-
tax and other applicable taxes, or a Chartered Accountant’s certificate stating that sufficient
funds have been set aside for meeting all Indian tax liabilities: and
Auditor’s certificate stating that no statutory liabilities in respect of the Project are
outstanding.
g) FEMA declaration
Documents required :
a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) Copy of GR/SDF/PP/SOFTEX form declaring commission accepted by customs or Clients
letter indicating the reasons for not declaring the commission on Export
Declaration form supported by valid agreement / written understanding between
exporter and/or beneficiary of payment of commission
d) Evidence of shipment made
e) FEMA declaration
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required :
a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) Correspondence from the overseas buyers relating to poor quality etc.
d) Evidence of proceeds originally received.
e) Evidence of re-import.
f) FEMA declaration
Documents required :
a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) RCI form
d) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate).Evidence of proceeds originally received.
e) FEMA declaration
f) Other documents depends upon the nature of income (e.g. RCD 2 and RBI approval
required in case of Dividend Income)
Reference : Para 3. (ii) of Schedule 3 of Notification No.FEMA 5/2000-RB dated
03.05.2000.
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Documents required :
a) Clients letter, giving full details of litigation, beneficiary bank details and debit authority.
b) Form A2
c) Invoice
d) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate).Evidence of proceeds originally received.
e) Correspondence of litigation.
f) FEMA declaration
a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form MRR and Form A2
c) Certified copy of agreement
d) Income-tax assessment order or either documentary evidence showing payment of income-
tax and other applicable taxes, or a Chartered Accountant’s certificate stating that sufficient
funds have been set aside for meeting all Indian tax liabilities: and
Auditor’s certificate stating that no statutory liabilities in respect of the Project are
outstanding.
e) FEMA declaration
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a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) Form ODA
d) Certificate from the statutory auditors in the format given in the form
e) Certified copy of Board Resolution
f) FEMA declaration
Documents required :
a) Clients letter, indicating the purpose opening representative office/posting representative,
beneficiary bank details and debit authority.
b) Copy of branch approval issued to client for opening the branch etc.
c) Form A2
d) Form OBR (First time while opening branch/rep. Office or posting of representative)
e) In the case of trading branch, cashflow statement in the prescribed format.
f) FEMA declaration
g) Clients statement indicating the average annual sales/income or turnover during the last
two accounting years.
h) Clients undertaking to the effect that the remittance not exceeds 2 percent of annual
sales/income or turnover during last two accounting years in case of initial expenses.
Similarly in case of recurring expenses the remittance not exceeds 1 percent of average
annual sales/income or turnover.
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Documents required :
a) Clients letter indicating the purpose of remittance, beneficiary bank details and debit
authority
b) Copy of the agreement (one time basis)
c) Copy of the approval from Government of India, Ministry of Communications, Department
of Telecommunications.
d) Copy of invoice.
e) Form A2
f) FEMA declaration
a) Clients letter indicating the purpose of remittance, beneficiary bank details and debit
authority
b) Original copy of RBI approval (to comply with conditions in RBI approval)
c) Form A2
d) FEMA declaration
Reference : RBI approval
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Documents required
a) Clients letter indicating the purpose of remittance, beneficiary bank details and debit
authority
b) Clients undertaking to the effect that the aggregate exchange facilities already availed of/to
be availed of for execution of the contract would be within the overall ceiling of project
related expenses viz. 70% of the contract value.
c) Form A2
d) FEMA declaration
Reference : Para C 1.(ii) of Memorandum of Instructions on Project Exports and
Services (PEM)
Documents required
a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) Correspondence from the overseas buyers relating to defective quality etc.
d) Evidence of proceeds originally received.
e) Evidence of re-import.
f) Client declaration to the effect that they are not in Reserve Bank’s caution list.
g) FEMA declaration
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
H 26.Transponder fees
Documents required
a) Clients letter indicating the purpose of remittance, beneficiary bank details and debit
authority
b) Invoice.
c) Ministry of Finance (Department of Economic Affairs) approval
(Shall not apply to drawal made out of funds held in Resident Foreign
Currency Account or Exchange Earners Foreign Currency Account.)
d) Form A2
e) FEMA declaration
Documents required
a) Clients letter indicating the purpose of remittance, beneficiary bank details and debit
authority
b) Agency agreement (one time basis)
c) C.A. certificate that the amount of remittance applied for has been checked with reference
to invoices received from overseas company and invoices raised by the Indian company
and applicable rates and the amount applied for has been found correct.
d) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate).
f) Form A2
g) RCC form
h) FEMA declaration
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Documents required
a) Clients letter indicating the purpose of remittance and beneficiary bank details.
b) Cheque / Dividend warrant etc.
c) Form RCI
d) Form A2
e) FEMA declaration
Documents required
a) Clients letter indicating the purpose of remittance, beneficiary bank details and debit
authority
b) Invoice.
c) Form A2
c) FEMA declaration
Reference : A.P.(DIR Series) Circular 47 dated 17.05.2002
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Documents required
a) Clients letter indicating the purpose of remittance, beneficiary bank details and debit
authority
b) Clients undertaking to the effect that the consideration for purchase of shares does not
exceed USD 20,000/- in a calendar year.
c) Copy of the offer letter.
d) Copy of the scheme ( shares are offered at concessional rate)
e) Form A2
f) FEMA declaration
g) Chartered Accountant’s certificate confirming the foreign equity holding of the company
(This is in case of Indian Company in which foreign equity holding is not less 51%)
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OPERATIONAL
INSTRUCTIONS
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Under the provisions of the Foreign Exchange Management Act, 1999 [ Chapter III, Section 10
Sub Section (5)] an Authorised person (which term includes an Authorised Dealer) shall,
before undertaking any transaction in foreign exchange on behalf of any person, is required to
obtain such declaration and such information from the person (applicant) that will reasonably
satisfy the authorised dealer that the transaction will not involve and is not designed to
contravene or evade the provisions of the Act or any of the rules or regulations, notifications
directions or orders issued thereunder. ADs are also required to preserve the
information/documents obtained by them from the applicant on the basis of which the
transaction was undertaken, for verification by the RBI.
1. Form 1 to be obtained initially on one-time basis from constitutes of the Bank such as
importers, exporters etc. having regular foreign exchange transactions of various types.
Information in support of each transaction will, however, be required to be obtained
separately before undertaking any such transaction.
2. Form 2 to be obtained from occasional or casual applicants for foreign exchange, which is
to be obtained for each transaction either separately or incorporated appropriately in the
application form.
Branches shall, before undertaking any transactions in foreign exchange of a regular client, is
required to obtain a declaration-cum-undertaking in Form 1 on one time basis and retain the
same in a separate file.
Similarly, a declaration-cum-undertaking in Form 2 on case to case basis from occasional or
casual applicants and may be kept with the transactions.
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In terms of 3B10 of Exchange Control Regulations/ CBDT’s circular No.759 dated 18.11.97,
it will be in order for authorised dealers to allow such remittances without insisting on tax
clearance certificate/ NOC from Income Tax authorities, provided the person making the
remittance furnishes an undertaking (in duplicate) addressed to the Assessing Officer/……….
accompained by a certificate from an Accountant (other than an emlpoyee) as defined in the
explanation below Section 288 of the Income-tax Act 1961 in the form prescribed by the
Government.
Branches after making the remittance (irrespective of whether the remittance has been made
against Reserve Bank permit or under powers delegated to them) immediately forward a copy
of of the applicants undertaking together with a copy of the Accountants certificate, to
Assessing Officer of the Income Tax Department as indicated in the undertaking or
Directorate of Income Tax as suggested by the respective Regional Office of Reserve Bank.
(e.g. Reserve Bank Of India, Mumbai Regional Office,vide their Cir.No.EC.Mumbai.EPD-
III/1575/14.03.64/2001-2002 dated 11th March 2002 instructed Authorised Dealers of Mumbai
Region to submit such applicants undertaking and C.A.certificate to Directorate of Income Tax
(International Taxation), Room No. 253, Ayakar Bhavan, M.K.Road, Mumbai 400 020.
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Authorised dealers are allowing remittances upto the permissible limits on receipt of
application in form ODA in triplicate together with form A2, duly filled in, from the Indian
party/parties making investments in JV/WOS abroad subject to their complying with the
conditions specified in Notification No.19/RB-2000 dated 3rd May 2000. All transactions
relating to investment in a JV/WOS are to be routed through only one branch of an authorised
dealer designated by the Indian party and the concerned authorised dealers are required to
maintain party-wise record in respect of each JV/WOS separately.
Immediately after effecting the remittance, the authorised dealers are required to forward a
report on remittance in the form ODR, in duplicate to the Chief General Manager, Exchange
Control Department (Overseas Investment Division), 3rd floor, Amar Building, Mumbai 400
001. Authorised Dealers may ensure that the remittances on account of investments by
Partnership firm are reported with the superscription “Remittance by partnership firm under
Regulation 17B” form ODR. In case where the investment is being made jointly by more than
one Indian party, form ODA is required to be signed jointly by all the investing parties. The
same procedure may be followed where the investment is made out of proceeds of ADR/GDR
issues. Indian parties make direct investment in JV.WOS by way of capitalisation of exports,
authorised dealers are required to obtain a custom certified copy of the invoice and forward it
to the Reserve Bank together with forms ODR. In certain cases investment in JV/WOS
requires prior approval of the Reserve Bank. Authorised dealers may allow remittances under
these specific approvals and report the same to Reserve Bank in the form ODR. While
allowing remittances in respect of individual overseas concerns under the scheme of block
allocation(as per the terms of Reserve bank approval), Authorised dealers may obtain
necessary information in form ODA. Authorised Dealers forward the report to the Reserve
Bank after superscription “Remittance under Block Allocation Approval No. ……….. dated
…….. along with the report of remittance in form ODR. On being approached by an Indian
Party, which is eligible under the Regulations in Part I to make investment outside India, an
authorized dealer may allow remittance towards earnest money deposit or issue a bid bond
guarantee on its behalf for participation in bidding or tender procedure for acquisition of a
company incorporated outside India. On winning the bid, authorised dealers may remit
acquisition value after obtaining Form A2 duly filled in and report such remittance (icluding
the amount initially remitted towards EMD) to Reserve Bank in form ODR. Authorised dealers
while permitting remittance towards EMD should advise the Indian party that in case they are
not successful in the bid, they should ensure that the amount remitted is repatriated in
accordance with Notification No. FEMA 9/2000-RB dated 3rd May 2000. In cases where an
Indian party, after being successful in the bid/tender decides not to proceed further with the
investment, Authorised Dealers should submit details of remittance allowed towards
EMD/invoked bid bond guarantee in form ODR to Reserve Bank.
On receipt of the form ODR from the authorised dealers, the Reserve Bank will allot an unique
identification number to each JV or WOS abroad, which is required to be quoted in all the
future correspondence with the Reserve Bank.
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Procedure for submission of ODA/ ODR forms by the branches : (Refer our lo-note of
21.05.2002)
Therefore, henceforth we request you to send all the ODR forms with its enclosures in
triplicate (retaining one copy for branches record) to us for onward submission to The Chief
General Manager, Exchange Control Department (Overseas Investment Division), 3rd floor,
Amar Building, Mumbai 400 001.
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In terms of Notification No. FEMA 47/2001-BR dated 05.12.2001 and A.P.(DIR Series)
Circular No.54 dated 29.06.2002, a firms or a company or a body corporate registered or
incorporated in India may open, hold and maintain in the name of its office (trading or non-
trading) or its branch set up outside India or its representative posted outside India, a foreign
currency account with a bank outside India by making remittances from India for the purpose
of normal business operations of the office /branch or representative.
A) Firms / Companies in India desiring to open offices (trading/ non trading) or post
representative abroad should submit application to branches in form OBR along with required
documents. Branch in turn scrutinise the applications and issue the approval provided :
a) the overseas branch/office has been set up or representative is posted overseas for
conducting normal business activities of the Indian entity;
b) the total remittance made under by the Indian entity, to all such offices shall not exceed
1) 2 percent of the average annual sales/income or turnover during last two accounting
years of the Indian entity, where the remittances are made to meet initial expenses of
the branch or office or representative, and
2) 1 percent of such average annual sales/income or turnover where the remittances are
made to meet recurring expenses of the branch or office or representative, (condition
no. 1 & 2 is not applicable in case of the remittances made out of funds held in EEFC
account or such office is set up or representative posted by a 100% EOU or a unit in
EPZ or in a Hardware Technology Park or in Software Technology Park within two
years of establishment of the Unit.
c) the overseas branch/office/representative shall not enter in any contract or agreement in
contravention of the Act, Rules or Regulations made thereunder.
d) The overseas branch/officeis to be set up (representative is to be posted) within six months
of opening the account.
e) The overseas office (trading/ non-trading)/ branch / representative should not create any
financial liabilities contingent or otherwise for Head Office in India.
f) The overseas office (trading/non-trading)/ branch/ representative should not invest surplus
funds abroad without prior approval of Reserve Bank of India. Any funds rendered surplus
should be repatriated to India.
g) The overseas office/ branch of software exporter company/ firm, may repatriate to India
100% of the contract value of each off-site contract as also atleast 30% of the contract
value of each on-site contract and may utilise the balance amount (70%) of the contract
value of on-site contracts for contract related expenses including office/ branch expenses
abroad. A duly audited yearly statement showing receipts under off-site and on-site
contracts undertaken by the overseas office, expenses and repatriation there on may be
sent to the authorised dealer.
h) The details of bank account opened should be promptly reported to authorised dealer.
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B) Branch has to give approval based on above conditions, initialy for two years, further
which may be renewed every two year, provided proper accounts of utilisation of foreign
exchange released are furnished.
C) Branch has to submit a statement in form ORA to the Regional Office of Reserve Bank on
half yearly basis.
D) Documents to be obtained at the time of giving approval for opening branch/ office,
posting of representative abroad :
i) Correspondence if any
ii) In the case of a trading branch, cash flow statement.
Specimen copy of the Banks Approval letter to establishing Overseas Branch / Office/ Posting of
Representative abroad
(Ref : H-19)
(Notification No. FEMA 47/2001-RB Dated 5th Dec.2001 and A.P.(DIR Series) Circular No.54 dated
29.06.2002)
(Paragraph 6 of Annexure 1 to A.D. (M.A.Series) Circular No.11 Dated 16.05.2000)
Ref :...........................
Date : ........................
M/s. ..............................
.........................................
.........................................
.........................................
Dear Sir,
We refer to your application dated ................ on the captioned subject. We hereby grant our
permission under Paragraph 6 of Annexure1 A.D.(M.A.Series Circular No.11 dated
16.05.2000 and Notification No. FEMA 47/2001-RB Dated 5th Dec.2001 and A.P.(DIR
Series) Cir. No. 54 dated 29.06.02 for opening an overseas branch/ office / posting of
Representative at ..........………………………………………... subject to the following
terms and conditions :
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i) if the overseas branch/office is not set up within six months of opening the account, or
ii) within one month of closure of the overseas branch/ office or
iii) where no representative is posted for six months
and the balance held in the account shall be repatriated to India.
7) Purchase of acquisition of office equipments and other assets required for normal
business operations of the overseas branch/office, representative will not be deemed as
a capital account transaction.
8) Transfer or acquisition of immovable property outside India, other than by way of lease
not exceeding five years, by the overseas branch/ office/ representative will be subject
to the Foreign Exchange Management (Acquisition and Transfer of Immovable
Property outside India) Regulations, 2000.
9) You should approach only our bank for any remittance in connection with the overseas
branch/ Office/Representative posted abroad.
10) The overseas office/ branch of software exporter company/ firm, may repatriate to India
100% of the contract value of each ‘off-site’ contract as also atleast 30% of the contract
value of each ‘on-site’ contract and may utilise the balance amount (70%) of the
contract value of ‘on site’ contracts for contract related expenses including office/
branch expenses abroad.
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Thanking you,
Yours faithfully,
BNP Paribas
......................................... .....................................
Note : Pl. select suitable clauses depending upon the opening of overseas office (trading/non-trading) / branch/
representative.
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FORMS
AND
DECLARATIONS
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APR Annexure
(Ref- H18)
Annual Performance Report (APR) on the functioning of Indian Joint Venture (JV)/Wholly Owned
Subsidiary (WOS) abroad for the year ended (Accounting year of the JV//WO
(Please read the instructions given in the Annexure before filling up this form)
PART A - GENERAL
(a) Name :
4. Name and address of the : (b) Address :
JV/WOS
5. Date of (for the JV/WOS) 6. Name of the FC
(a) Incorporation : Referred to in this form : _______
(b)Commencement of
operations :
7. (a) Line of activity : (i) Manufacturing (b) Brief details of the products
manufactured/ goods traded/services
of the JV/WOS (ii) Trading
rendered by the JV/WOS:
(please tick the (iii) Financial Services
appropriate box) (iv) Non-financial
services
(v) Others (Code to be filled in by RBI)
PART - B FINANCIAL STRUCTURE
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(IV) Engineering/
Technical services
Fees
(V) Consultancy/
Management fees
(VI) Selling agency
commission
(iii) GDR/Foreign currency
loans raised abroad
(iv) Bonus shares
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Total :
9. Position of term/working Total amount Outstanding Overd
capital loans/guarantees: Approved Amount Principal
(Amount only in FC)
10. Amount of foreign exchange released to the Indian promoter company(ies) on repatriation
basis for different purposes: (Amount only in FC) - (please see Item `I' of the Annexure)
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12. (a) Entitlements (E) & Repatriations (R) (net of taxes) by the JV/WOS: (Amount only in
FC - INR equivalent to be given in brackets for repatriations only) (please see
Item `I' of the Annexure)
Items Year under Since commencement of
Report business by JV/WOS
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14. If the performance of the JV/WOS has not been satisfactory, indicate
the principal reason(s) by ticking (û) the appropriate box(es):
15. A note on the basic features of the progress and achievements of the JV/WOS on the
basis of original/revised
projections should be attached to this APR (please see Item `K' of the Annexure before
preparing the note).
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DECLARATION
We hereby declare that the information furnished in this report are true and correct to the best
of our knowledge & belief.
Place :
Date :
(Signature of authorised official / person)
Name :
Seal Stamp
Designation :
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ANNEXURE
INSTRUCTIONS FOR FILLING OF THE APR
(This portion should be detached and retained by the Indian promoter company
submitting the APR)
A (i) This form, duly filled in, should be submitted within 30 days of the expiry of the statutory period for the finalisati
applicable in the host country of the JV/WOS. A certificate indicating the statutory period from an independent C
Accountant of the host country should be attached.
(ii) In case, there is no such statutory period, this form should be submitted within 6 months from the close of relevan
(iii) In case there are more than one Indian promoter company, the principal promoter company has to submit the APR
companies.
B. The Indian promoter company of the JV/WOS should submit this form in duplicate to the concerned Regional Office of
Reserve Bank of India and another copy to Ministry of Commerce, EP(OI) Section, Government of India, Udyog Bhavan
C (i) All amounts of Foreign Currency (FC) and Indian Rupee (INR) should be rounded off to the nearest thousand and
omitting '000, e.g. 10,499 and 10,500 should be shown as 10 and 11 respectively.
(ii) Capital letters should be used for filling up this form.
D. Additional sheets may be attached if the space available against a particular item is not sufficient.
E. Equivalent INR in respect of FC should be given as on the date of actual conversion.
F. Wherever boxes are provided in items requiring date, the first two boxes are meant for the date, next two for the month a
G. In respect of any item [excepting items 1,3(a) and 4(a)] if the contents have not undergone any change vis-à-vis the last A
the relative boxes/against the particular item.
H. In item 9(b) if separate break up of overdue amount as principal and interest is not available then the total figure may onl
I. In respect of all repatriations [c.f. Items 10 and 12(a)] supporting bank certificates (in form BCI) should be enclosed. If s
submitting along with the Annual Return of Foreign Currency Shares or otherwise the reference thereof should be cited.
J. The total of year-wise break-up of outstanding entitlements given under Item 12(b) should tally with total outstandings a
K. The note as per Item 15 of the APR should include the following -
(i) In case of non-satisfactory performance of the JV/WOS, the reasons cited at Item 14 should be briefly explained a
steps taken/proposed to be taken to bring about a turnaround.
(ii) The reasons for outstanding entitlements, if any, and the steps being taken to realise the same should be indicated.
(iii) The reasons for not meeting the target of non-equity exports, if any, and non-realisation of proceeds of such expor
explained.
(iv) The reasons for the overdue outstandings in term/working capital loan accounts, if any, and steps taken to square u
circumstances leading to invocation of guarantees and non-payment of claim, if any, should also be explained.
(v) In respect of JV/WOS set up abroad for attracting foreign investment into India, information on the amount of for
vis-a-vis the projections made in the application in Form ODI should be highlighted & reasons for shortfall should
(vi) Any special feature which is of importance to the functioning of the JV/WOS including information/development
full), liquidation, etc. and does not figure elsewhere in this APR should also be highlighted.
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1. This form need not be completed in cases where the aggregate value of the foreign exchange
brought in by the passenger in the form of currency notes, bank notes, or travellers cheques does
not exceed U.S.$ 10,000/- or its equivalent and/or the value of foreign currency notes does not
exceed U.S.$ 5,000 or its equivalent.
2. Passengers are advised to produce this form to a bank authorised to deal in foreign exchange or
money changer at the time of conversion of foreign exchange into Indian rupees or reconversion of
rupees into foreign exchange.
3. Visitors to India may please note that in case they do not wish to encash all the foreign exchange
declared above they should retain this form with them for production to the Customs at the time of
their departure from India to enable them to take with them the unutilised balance.
1
2
3
Signature____________________________
Passport No._________________________
Nationality_________________________________________
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Date____________ _________________________________
(Stamp and Signature of Customs Officer)
PTO
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FORM ECB
[ See Regulation 6]
(Notification No. FEMA 3/2000-RB dated 3rd May 2000.)
Instructions:
The application complete in all respects should be submitted in duplicate by the applicant through the
authorised dealer designated by him to handle the matters relating to the foreign currency
borrowings/credit to the Chief General Manager, Exchange Control Department, Central Office, ECB
Division, Reserve Bank of India, Mumbai 400 001. In respect of short term loan/credit for imports, it
should be submitted through the authorised dealer through whom the import documents have been
received/will be received.
Documentation:
(i) A copy of offer letter from the overseas lender/supplier furnishing complete details of
the terms and conditions of proposed loan/credit arrangement.
(iii) In case the application is being made under Exporters’/Foreign Exchange Earners’
Scheme, bank certificates in respect of export realisation for past 3 years.
(iv) If the applicant is NBFC, a copy of credit rating awarded by a recognised credit rating
agency and copy of RBI registration certificate.
(vi) A report from an international credit rating agency of repute, if the lender is other than
the recognised category as per ECB Guidelines issued by the Government, from time to
time.
(vii)In case the payment for import is through Letter of Credit, a copy of L/C with
amendments, if any.
___________________________________________________________________________________
_
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Address
___________________________________________________________________________________
2. Status of the applicant firm/ company Private Public NBFC
Sector Sector (Indicate RBI
Registration
Number)
___________________________________________________________________________________
_
Sr. Name of the bank Amount in USD No. & date of RBI permission obtained
No. equivalent for parking funds abroad and validity
period thereof
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Proposed schedule
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1. By the applicant
(i) the particulars given above are true and correct to the best of our knowledge and belief.
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(ii) the credit/loan to be raised will be utilised for the purpose for which it is being applied for vide
this application and shall not be utilised for investment in stock market and real estate.
________________________________
(Signature of Authorised Official of the
applicant)
Place_______________ Name:______________________________
Date________________ STAMP Designation_________________________
______________________________________________________________________________
(ii) we have scrutinised the application and the original letter of offer from the lender/supplier and
also all the documents relating to the import/proposed import, proposed borrowing /financing
arrangement and have found the same to be in order.
________________________________
(Signature of Authorised Official)
Place ________________ Name_____________________________
Date_________________ STAMP Name of the Bank/branch______________
A.D.Code__________________________
______________________________________________________________________________
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FORM FC-GPR
(Notification No. FEMA 20/2000-RB dated 3rd May 2000)
declare that, being eligible to issue shares to non-residents under the automatic route of RBI, furnish the following
information in connection with shares issued.
(c)(i) We are listed company ; market related price per share is Rs.
OR
(ii) Other company ; Fair value of share is Rs.
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Total
------------- ---------------
-----------
[II(a) as percentage of I] Total %
-----------
Declaration :
1. We have carefully followed the procedure for issue of shares under the automatic route of RBI.
2. The foreign entity(ies) (other than individuals) to whom we have issued shares does/do not have any
previous joint venture or technical collaboration or trade mark agreement in India in the same or allied
field.
3. We don’t require an Industrial Licence under the Industries (Development and Regulation) Act, 1951 or
in terms of locational policy notified by the Government under the New Industrial Policy of 1991.
4. We are an SSI unit and the investment limit of 24% has been observed OR
We are not an SSI unit
(Delete whichever is not applicable under signature)
5. Our proposal is within the sectoral policy/cap permissible under the automatic route of RBI.
6. Our proposal does not fall under sector(s) in which FDI is not permitted.
For ---------------- (Name of the company/seal)
______________________________
Signature
(Name) : _____________________
* Designation : _____________________
Date :
Place :
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FNC 1
(Notification No. FEMA 22/2000 dated 3rd May 2000- Regulation 5)
(Application to Reserve Bank for opening Branch or Liason or Project Office etc.)
The application form only should be completed and submitted to the Chief General Manager, Exchange
Control Department (Foreign Investment Division), Reserve Bank of India, Central
Office, Mumbai-400001.
B. Documentation :
iii) In case of Project Office documentary evidence that the Project is funded by bilateral or
multilateral International Financing Agencies OR the project has been cleared by the
concerned regulatory authority OR the Indian company has been granted term loan for the
concerned Project by a Financial Institution or a Bank in India.
------------------------------------------------------------------------------------------------------------
1. i) Full name and address of the
applicant company/firm [State
whether the applicant is a
proprietary concern or
partnership firm or limited
company or public sector
undertaking or any other
organisation
(Please specify).
2. Details of capital
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of the applicant.
4. FOR LIAISON / BRANCH OFFFICE
b) Exports to India
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------------------------------------------------------------------------------------------------------------
We hereby declare that :
i) The particulars given above are true and correct to the best of our knowledge and
belief;
ii) Our activities in India would be confined to the fields indicated in column 4(iii)(a) or
5(i)above;
iii) If we shift the office to another place, we shall intimate the Reserve Bank of India; and
iv) We will abide by the terms and conditions that may be stipulated by Reserve Bank of
India if approval is given.
Place : (Signature of Authorised Official
of the Applicant Company)
Name:
Date: Designation:
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Annexure ‘C’
[Notification No. FEMA 20/2000 –RB dated 3rd May 2000-Refer to paragraph 4(2) of Schedule I]
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Certified that all the conditions laid down by Government of India and Reserve Bank of India have been complied
with.
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Sd/- Sd/-
Chartered Accountant Authorised Signatory of
the Company
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Annexure ‘D’
[Notification No.FEMA 20/2000-RB dated 3rd May 2000-Refer to paragraph 4(3) of Schedule I]
Quarterly Return
1. Name of Company :
2. Address :
8. Amount repatriated :
Certified that funds raised through ADRs/GDRs have not been invested in stock market or real estate.
Sd/- Sd/-
Chartered Accountant Authorised Signatory of
the Company
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
IPI
(Notification No.FEMA 21/2000-RB dated 3rd May 2000- See Regulation 5 )
The declaration should be completed in duplicate and submitted directly to the Chief
General Manager, Exchange Control Department, (Foreign Investment Division – III),
Reserve Bank of India, Central Office, Mumbai-400 001 within 90 days from the date of
acquisition of the immovable property.
Documentation:
Certified copies of letter of approval from Reserve Bank obtained under section 6(6) of
FEMA, 1999 (42 of 1999).
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(a) the particulars given above are true and correct to the best of my/our knowledge
and belief ;
(b) no portion of the said property has been leased/rented to, or is otherwise being
allowed to be used by, any other party .
Encls:
………………………………….
(Signature of Authorised
official)
Stamp
Place………………… Name
……………………………….
Date…………………..
Designation:………………………..
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LEG
[Notification No.FEMA 13/2000-RB dated 3rd May 2000-See Regulation 6]
Instructions:
1. The application should be completed and submitted through an authorised dealer through whom the
remittance is sought to be made to the office of Reserve Bank under whose jurisdiction the applicant
resides.
Documentation:
2. Certified copy of the probate together with a copy of the Will annexed thereto, or letters of administration
or succession certificate, as the case may be, in respect of the Indian assets of the deceased person.
3. Tax Clearance/No Objection Certificate from the Income-Tax authorities to show that no liabilities are
outstanding in respect of the estate of the deceased person on account of Income-tax, Wealth-tax, Capital
Gains tax, etc.
4. A statement of Indian assets of the deceased person, indicating the form in which they are held. The
number and date of Reserve Bank's approval for holding or acquiring shares of Indian companies and
immovable property should be indicated, wherever applicable.
5. A certificate from a Chartered Accountant showing how the remittable amount has been arrived at and that
all liabilities of the estate in India have been met or adequately provided for.
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I/We hereby declare that the particulars given above and the documents submitted herewith are true and
correct to the best of my/our knowledge and belief. I/We also declare that I/We have not made any application to
any other office of the Reserve Bank of India for the same purpose.
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ODA
(Ref H-18)
(Notification No. FEMA 19/RB-2000 dated 03.05.2000 dated 03.05.2000
Master Cir.No.EC.CO.PCD.No.53/15.02.76/2001-2002 dated 04.04.02)
I. GENERAL
Nature and category of the investment [Please tick(a )the appropriate box] :
A. Fresh Proposal
B. Supplementary Proposal
(i)Participation in JV abroad (a)(i)Enhancement of equity in
existing JV/ WOS abroad
(ii)Contribution in WOS (ii) Grant/enhancement of loan in
existing JV/WOS
(iii)Full/partial* take over of an (iii) Extension/enhancement of
existing foreign concern guarantee
(iv)Acquisition of a company (iv)Others (Please specify)
overseas through bidding or
tender procedure
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(e)(i)Existing line of activity of the Indian party (Please (ii)Brief particulars of the products manufactured/goods
tick the appropriate box) traded/services rendered
Manufacturing
Trading
Financial Services
Non-Financial Services
Others (please specify)
Financial Domestic Foreign exchange Foreign Net profit/ Paid-up Net worth
Year ending sales/turn- earnings from exports exchange (Loss) capital
over (excluding equity exports earnings (other
to existing JV/WOS) than exports)
(i)Particulars of ADR/GDR funds raised (applicable only where the proposed investment is funded fully/partly out
of ADR/GDR funds (Amount in FCY)
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D D M M Y Y Y Y
Non-financial services
Others (Please specify)
uipment
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ssets
erative expenses
ify )
JV/WOS
partial/full take over of an existing foreign concern, the total cost of acquisition may be furnished. A certificate from a chartered
ness of the acquisition price should be enclosed.
(Amount in FCY)
Amount
Period Rate of
Interest
TL* WC ** WC TL WC
TL
W
C
** WC = Working Capital
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Years of operation
1 2 3 4 5 Total
(a)Gross sales/turnover
(b)Net Profit(Loss)
(c)Dividend
(d)Net worth
Years of operation
1 2. 3 4 5 TOTAL
(a) Dividend
(b) Others (Please specify)
TOTAL
Years of Operation
1 2 3 4 5 TOTAL
FOB Value
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DECLARATION
We hereby certify that (i) the information furnished above are true and correct, (ii) all the legal and other
formalities in India and the host country for the above investment have been/will be complied with, (iii)
the amount of investment by way of equity/loan and 50% of the guarantee, either out of market purchase
of foreign exchange or the balances held in the EEFC account, utilisation of ADR/GDR proceeds,
capitalisation of exports/other entitlements is within the limit of US$ 50.00 mn. In a block of three years as
per extant regulations and (iv) no investigations by Directorate of Enforcement are pending against us and
(v) our name is not in the Exporters’ Caution List of the Reserve Bank.
_________________
___________
Place: ___________ (Signature of authorised official)
Date : ___________ Stamp/Seal Name:--------------------------------
Designation---------------------------
List of enclosures :
1. 4.
2. 5.
3. 6.
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Forwarded to Reserve Bank of India, Exchange Control Department, ________ Regional Office for information
and necessary action.
*It is certified that the remittances in the manner indicated at VI above towards overseas investment have been
effected by us after obtaining/verifying the documents prescribed in terms of AD/MA Circular No. Dated
2000/ Foreign Exchange Management (Transfer and Issue of Foreign Security) Regulations, 2000.
*It is certified that remittance towards claim under the invoked guarantee indicated at V(d)
above have been made after satisfying that the guarantee has been invoked in accordance with
the terms and conditions of its issue.
* Where applicable.
___________________________
Place: (Signature of authorised official)
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It is certified that the terms and conditions contained in AD/MA Circular No. Dated
/Foreign Exchange Management (Transfer & Issue of Foreign Securities) Regulations, 2000
have been complied with by the Indian party in respect of the investment under report. In
particular, it is further certified that- (i) overseas investment is in the core activity area of the
Indian party, i.e. the activity which constitute at least 50% of the turn over of the Indian party
in the previous accounting year, (ii) the Indian party has earned net profit during the preceding
three accounting years, (iii) the investment is not in real estate oriented or banking business,
and (iv)* the amount of foreign exchange proposed to be purchased for remittance towards the
investment together with remittances already made and exports and other dues capitalised for
investment abroad during the current financial year under the Automatic Route is/will be
within 25% of the net worth of the Indian party as on the date of last audited balance sheet,
(v)**that the Indian party has (a) a minimum networth of Rs.15 crores; (b)has made net profits
during preceding three years, (c) has fulfilled the prudential norms of capital adequacy as
prescribed by the concerned regulatory authority; and (d) has been registered with the
appropriate regulatory authority in India for conducting financial services activity and (vi)***
proceeds of ADR/GDR being used for the investment is within 50% of the amount raised
abroad by way of ADR/GDR issues.
*Applicable if investment in part or full is funded out of purchase of foreign exchange from market and/or
capitalisation of exports & other dues.
**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, in part or full, out of ADR/GDR proceeds.
___________________________
Place: (Signature of Statutory Auditor)
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1.This form, in triplicate, should be submitted through authorised dealer at the time of
making remittance. In all other cases of financial commitment not involving remittance,
the form in duplicate should be forwarded to the concerned Regional Office of the
Reserve Bank within 30 days of making invesments through the authorised dealer.
2.The form should be complete in all respects and accompanied by (i) the prescribed certificate from the
authorised dealer, (ii) certificate from the statutory auditors in the format given in the form and (iii) certified copy
of the resolution of the Board of Directors approving the investment. In respect of supplementary proposals
involving additional equity, loan or guarantee, the particulars furnished in form ODA submitted earlier in respect
of the same JV/WOS need not be repeated; however, revised particulars, to the extent applicable, may only be
indicated.
3.All amounts, both in FC and INR, should be rounded off to the nearest thousand and the
same should be indicated after omitting ‘000, e.g.10,499 and 10,500 should be shown as 10
and 11 respectively.
4.Where there are more than one Indian party making investment in the same JV/WOS
overseas, form ODA should be submitted by all the Indian parties jointly to one AD alongwith
a certificate(s) from other ADs, if remittances are effected by the latter.
5.Wherever the initial investment in a JV/WOS has been made out of balances in the EEFC
account/ADR/GDR proceeds, subsequent investment in such JV/WOS should not be made
unless the Indian party comply with the requirements applicable to investments under the
Automatic Route.
6.In case where the Indian party is successful in the bid for overseas acquisitions for which it
has already made remittance towards Earnest Money Deposit or issued bid bond guarantee,
under a bidding or tender procedure, it should, while effecting the final remittance towards
such acquisition, submit a report in this form ODA to the authorised dealer for onward
transmission to the concerned Regional Office of the Reserve Bank.
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ODB
(Ref H-18)
vii) Particulars of the existing overseas JV/WOS set up /acquired by the applicant
company and its operational details for the last three years.
(Amount in foreign currency / million)
Name of the overseas Approval No. Name of Amount of investment
concern and its issued by RBI Foreign Equity Loan Guarantee
location
_________________ ____________ ________ _____ ____ ________
(1) (2) (3) (4) (5) (6)
_________________ ____________ _________ ______ _____ ________
_________________ ____________ _________ ______ _____ ________
_________________ ____________ _________ ______ _____ ________
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vii) Amount of blanket approval limit being sought for and the justification therefor .
(Please see the instructions)
viii) If the applicant company or its sister concern/promoters/directors are under Exporters’
Caution List of the Reserve Bank or their affairs are under investigation by Directorate
of Enforcement/other law enforcing agencies, the brief particulars thereof and the
present position may be indicated here.
Declaration
It is hereby certified that the information furnished above is true and correct. It is further
certified that all the legal and other regulations/requirements in India and the host country of
acquisitions will be complied with when the transactions for the acquisitions are put through
after obtaining necessary approval from the Reserve Bank.
Place ______________ Stamp/Seal _________________________________
Signature of the authorised official
Date ______________ Name _____________________________
Designation _________________________
List of enclosures:
1 4
2 5
3 6
1. The form complete in all respects should be submitted in triplicate to the Chief General
Manager, Reserve Bank of India, Exchange Control Department, Central Office,
OverseasInvestment Department, Amar Building, Mumbai – 400 001.
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
ODI
(Ref H-18)
(Notification No. FEMA 19/RB-2000 dated 03.05.2000 dated 03.05.2000
Master Cir.No.EC.CO.PCD.No.53/15.02.76/2001-2002 dated 04.04.02)
Part A - General
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I. Indian Party
(Cases where there are more than one Indian party, information may be given on separate sheets for
each of the parties)
(vi) % of Non-resident interest in the share capital of the Indian Party ______________
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(vii) Financial particulars of the Indian Party for the last 3 years
1
2
3
4
5
Total Repatriations (R) vis-à-vis Entitlements (E) Total non-equity of export made so far
(entitlements & repatriations in the last 3 years to be given (figures for last three years to be given in
in brackets) brackets)
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(Amount in FCY)
Accounting Sales Net Paid-up Net Dividend %
Year ending profits/(loss) Capital worth
(1) (2) (3) (4) (5) (6)
____________ _____________ __________ _________ ___________ ___________
__________ ___________ _________ ________ _________ _________
__________ ___________ _________ ________ _________ _________
D D M M Y Y Y Y
D D M M Y Y Y Y D D M M Y Y Y Y
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Total :
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V. (a) Position of Term Loan (TL) /Working Capital (WC) Loan availed of by JV/WOS
(Amount in
FCY)
Amount approved Outstanding Overdue amount , if any
amount
Total
TL WC TL WC TL WC TL + WC
(iv) Others
( Please
specify)
Total:
(i) By Indian
Party
(ii)By foreign
party
(iii)By banks
/financial
institutions in
India
(iv) By banks
/financial
institutions
outside India
(v) Others
(Please specify)
VI. Operational details of the JV/WOS for the last three years (Amount in FCY)
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(If the project is to be implemented in phases, separate sheets showing phase-wise distribution of cost
should be attached and only the total of all the phases should be indicated below)
1 US $ = INR ________
FCY ______ _Units = US $ ________
II. Estimated cost of the project * (Amount in FCY)
(i) Cost of capital equipment
(ii) Cost of land
(iii) Cost of civil works
(iv) Cost of misc. fixed assets
(v) Preliminary & preoperative expenses
(vi) Contingencies
(vii) Others (Please specify)
Total :
* In case of supplementary proposals, the revised cost of the project may be indicated
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(B) By Foreign
Partners
(i)
(ii)
(iii)
Sub-total
C) By Banks/
Fis/others
i)
ii)
iii)
Sub Total
Total of A to C
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(Equity share capital plus term loan above should be equal to the total cost of the project as at II above.)
IV Method of Investment (Amount in FCY)
(a) By the Indian party
(i) Cash remittance
(ii) Capitalisation of
(A) Export of plant &
machinery/goods
(B) Others (Please specify)
(iii) ADRs/GDRs raised abroad
(iv) Swap of shares
(v) Others( Please specify)
Total
(b) By the foreign partner
(i) Cash
(ii) Fixed assets
(iii) Loans
(iv) Others (Please specify)
Total
(c) Funding of Indian investment
(i) Self-generated funds
(ii) Assistance under Overseas
Investment Finance Scheme
of the EXIM Bank, if
applicable
(iii) Resources raised through
ADRs/ GDRs
(iv) Loans from banks/financial
institutions
(v) Out of balance in EEFC
Account
(vi) Swap of shares
(vii) Others (Please specify)
Total
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V. Management of the foreign concern. (Whether the Indian party will have management
control? If yes, give brief particulars of management/managerial functions to be discharged by
the Indian party).
1 2 3 4 5
(a) Gross sales/turnover
(b) Operating cost
excluding depreciation
and interest
(c) Depreciation
(d) Interest
(i) On term loans
(ii) On Working
Capital loans
(e) Tax
(f) Net Profit)/(Loss)
(g) Dividend
(h) Transfer to reserves
(i) Accumulated reserves
& surplus /(loss)
(j) Net-worth
II. Repatriable entitlements of Indian Party, net of host country tax, during the next 5 years
of operation (Amount in FCY)
Years of operation
1 2 3 4 5 Total
(a) Dividend
(b) Technical know-
how fees
(c) Royalty
(d) Engineering/
Technical
services fees
(e) Consultancy/
Management fees
(f) Selling agency
commission
(g) Others (Please
specify )
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Total
IV. (a) Whether the applicant party/ies, its promoters, directors, etc. have come under
investigations by Enforcement Directorate. If yes, the brief details thereof including present stage of
investigation/adjudication/manner of disposal of the case should be furnished.
(b) Whether the promoter Indian party/ies is/are presently on the Exporters’ Caution -list of
RBI for non-realisation of export proceeds. If so, the present position may be indicated.
V. Any other information relevant to this proposal, including any special benefits/incentives
available in the host country for setting up/acquiring the proposed concern:
VI. Name and address, telephone, telex and fax numbers of the branch of the authorised dealer
through whom remittance towards the investment will be made.
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________
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[ DECLARATION ]
I/We hereby certify that the information furnished above are true and correct.
Place
Date: __________________________
List of enclosures :
1. 4.
2. 5.
3. 6.
***************
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ANNEXURE
(1) Application complete in all respects must be submitted in three sets together with the following
documents to the Chief General Manager, Reserve Bank of India, Exchange Control Department,
Central Office, Overseas Investment Division (OID), Amar Building, Mumbai - 400 001 :
(a) Draft Joint Venture Agreement (or Memorandum & Articles of Association in the case of a
Wholly Owned Subsidiary) specifying the equity structure, management, rights and
responsibilities of shareholders and also draft agreement(s) for supply of technical know-
how, management and other services, if applicable.
(b) A detailed project/feasibility report incorporating, inter alia, projected funds flow statement
and balance sheets for five years, the information on various leverage and profitability ratios
like debt-equity ratio, debt service coverage ratio, return on investments, etc. of the foreign
concern accompanied by the statement from a Chartered Accountant certifying the ratios
and projections, given in the application/report.
(d) The latest Annual Accounts, i.e. Balance Sheet and Profit and Loss Account alongwith
Directors’ Report of the Indian party.
(e) Additional documents as under, if the application is made for partial/full take over of an
existing foreign concern :-
(ii) Latest Annual Accounts, i.e. the Balance Sheet and Profit and Loss Account alongwith
Directors’ report of the foreign concern ; and
(iii) A copy of the share valuation certificate from a Chartered Accountant/Auditors’ firm.
(f) A copy of the resolution of the Board of Directors of the Indian party/(ies) approving the
proposed investment.
(g) Where investment is in the financial services sector, a certificate from a Chartered
Accountant/Auditor's firm to the effect that the Indian Party :
(i) has earned a net profit during the preceding three years from the financial services activity;
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(iii) has a minimum net-worth (paid-up capital and free reserves) of not less than Rs.15 crores as on
the date of last audited balance sheet; and
(iv) has fulfilled the prudential norms relating to capital adequacy as prescribed by the concerned
regulatory authority in India.
2. Where there are more than one Indian promoter of the JV/WOS, only one application should be
submitted on behalf of all the promoters.
3 (a) In case an Indian party is seeking approval for acquisition of overseas concern through
bidding/tender procedure (with/without remittance of any earnest money deposit (EMD)/issue of bid
bond guarantee), Indian Party should approach the Reserve Bank atleast one month in advance from
the last date for submission of bid to the overseas authority with the following documents :
(iii) Chartered Accountant’s certificate indicating the valuation of shares and assets of the
overseas concern justifying the acquisition price, where applicable; and
(b). In the case where the bid is won by the Indian Party but the terms and conditions of the
acquisition are different from those furnished earlier to the Reserve Bank, the Indian Party should apply
afresh to the Reserve Bank in form ODI for prior approval before putting through the transaction.
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ODR
(Ref H-18)
(Notification No. FEMA 19/RB-2000 dated 03.05.2000 dated 03.05.2000
Master Cir.No.EC.CO.PCD.No.53/15.02.76/2001-2002 dated 04.04.02)
ODR
Report on Remittances for Overseas Direct Investment by
Authorised Dealers
I. GENERAL
Nature and category of the investment [Please tick ( a) the appropriate box] :
A. Fresh Proposal B. Supplementary Proposal
(i) Participation in JV abroad (i) Enhancement of equity in
existing JV/WOS abroad
(ii) Contribution in WOS (ii) Grant/enhancement of
loan in existing JV/WOS
(iii) Full/partial* takeover of an (iii) Extension/enhancement
existing foreign concern of guarantee
(iv) Acquisition of a company (iv) Others (Please specify)
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(d) (i) Existing line of activity of the Indian (ii) Brief particulars of the products
party manufactured/goods traded/services
(Please tick the appropriate box) rendered
Manufacturing
Trading
Financial Services
Non-Financial Services
Others (please specify)
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We hereby confirm that the remittance* has been allowed under the Automatic Route based on the
certification given by the statutory auditors (in form ODA) confirming compliance with the prescribed
terms and conditions by the Indian party/*is in accordance with the terms and conditions of the approval
letter issued by the Reserve Bank./*in respect of the invoked guarantee 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.
Stamp/Seal
Place _________________ ____________________________
Signature of the Authorised Official
Date __________________ of the Bank
Name : ____________________
Designation : __________________
Tel.No. : __________________
FAX No. : __________________
Note :
This form should be forwarded to the Overseas Investment Division, Central Office, Exchange
Control Department, Reserve Bank of India, Amar Building(Third Floor), Fort, Mumbai 400
001 immediately after making the remittance/capitalisation of exports, other dues, etc.
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orm TS 1
(Notification No. FEMA 20/2000-RB dated 3rd May 2000- see regulation 10 –B)
Instructions :
1. The application should be completed in duplicate and submitted to the concerned Regional Office of
Reserve Bank under whose jurisdiction the Head/Registered Office of the company, whose shares are to be
transferred, is situated if the transferor is a foreign company/foreign national resident outside India.
2. The application may be signed either by the transferor or the transferee attaching therewith consent in
writing of the other party or a copy of the sale/purchase agreement.
Documentation :
1. Photocopies of Reserve Bank’s approval(s) for acquiring and holding shares by the transferor, if specific
approval was grtanted by Reserve Bank for holding/acquisition of shares, if applicable.
2. In case the shares proposed to be transferred are listed on a Stock Exchange, a certificate from a
Chartered Accountant certifying the average quotation (average of daily high and low) for one week
preceding the date of application.
3. In case of unlisted/thinly traded shares, valuation of the shares on basis of any valuation methodology in
vogue, if the total consideration is upto Rs.20 lakhs.
4. In case of unlisted/thinly traded shares where the total consideration exceeds Rs.20 lakhs, two valuation
certificates for the shares of the company, one from the statutory auditors of the company and the other
from an independent Chartered Accountant/SEBI registered Category-I Merchant Banker.
Or
Documentary evidence showing Price Earnings (PE) and Book Value (BV) multiples of Bombay
Stock Exchange National Index (BSEN) for the calendar month immediately preceding the date of
application and a certificate showing the Earnings Per Share (EPS) and Net Asset Value (NAV) of the
shares of the company as per the latest audited Balance Sheet.
________________________________________________________________
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company
a) Equity
b) Preference
c) Held by
Equity Preference
i) Non-resident : No. of Percentage to No. of Percentage to
shares total paid-up shares total paid –up
equity shares preference
shares
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ii) Residents:
Total
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I/We declare that the particulars given above are true and correct to the best of my/our knowledge and
belief.
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FORM A2 AD Code
No._____________________________
(for payments other than imports and Form
No._________________________________
remittances covering intermediary trade) (To be filled in by the Authorised Dealer)
Serial No.________________
________________
(For use of Reserve Bank of India)
Application for Remittance Abroad Currency ____________
Amount_____________
Equivalent to
Rs.___________________________
(To be completed by Authorised
Dealer)
I/We wish to purchase/transfer
____________________________________________________
(Name of currency and amount in words)
through_____________________________________________________________for
payment
(Name and address of Authorised Dealer)
to
___________________________________________________________________________
(Name and address of the beneficiary)
by remitting the amount / by credit to the account
of___________________________________
(Full title of the account & country of non-resident bank and name of AD with whom account is maintained)
____________________________________________________________________________
_
for the purpose indicated below:
(Remitter should put a tick (ü) against an appropriate purpose code. In case of
doubt/difficulty,
consult your banker.)
Code Purpose Code Purpose
Capital Account Transactions Insurance
S001 Investment in shares abroad by residents S501 Life insurance premium
S002 Investment in Debt Securities abroad by residents S502 General insurance premium
S003 Investment is branches/subsidiaries abroad by S503 Reinsurance premium
Residents S504 Insurance commission
S004 Investment in real estate abroad by residents S510* Other insurance payments
S005 Repatriation of foreign investment in shares Other Services
S006 Repatriation of foreign investment in Debt Securities S601 Postal/Telecom services
S007 Repatriation of foreign investment in subsidiaries/ S602 Projects abroad
Branches S603 Band charges/commission
S008 Repatriation of foreign investment in real estate S604 Soft/Hardware consultancy, services
S009* Loans to non-residents S605 Subscription to periodicals, Correspondence courses
S010* Repayment of LT/MT loans S606 Computer and IT services
S011* Repatriation of NR deposits S607 Royalty, License fees
S012 Repayment of ST (6 m. to 1 Yr.) Loans S608 Professional service, Technical fees
S013 Repayment of loans/ODs by banks S609* Refunds and rebates on trade
S014 Notional sale for credit to NRI deposits S610* Other remittances
S015* Other capital account payments Government, Not included elsewhere
Other import payments not covered by form A1 S701 Maintenance of Indian Embassies
S103 Imports by diplomatic mission S702 Remittance by Foreign Embassies
S104 Imports under intermediary trade Transfers
Travel S801 Foreigner's family maintenance
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S403 Shipping transport - Remittance by Indian cos. S905 Interest on ODs in Nostro A/c.
S404 Air transport - Remittance by Indian cos. S906 Salary of Non-residents
S405 Freight on imports S910* Other income
S406 Freight on exports
S407 Charter hire charges (Airline cos.)
S408 Charter hire charges (Shipping cos.)
S409 Booking of passage in foreign countries
S410* Other transportation (e.g. demurrage, etc.)
I / We hereby declare that the statements made by me / us on this form are true and that I / we have not
applied for an authorisation through any other bank.
I / We declare and understand that the foreign exchange to be acquired / payment to be made by me /us
pursuant to this application shall be used / made by me / us only for the purpose for which it is acquired
/ to be made and that the conditions subject to which the exchange/permission is granted will be
complied with.
I/We desire to travel to __________via___________for the purpose of___________________
Passage has been booked through_________________________________________________
(Name of airline/shipping co. or passage agent)
____________________The date of departure is ______________The exchange is required in the
form of
Currency Amount
Notes & Coins _______________ ______________
TCs _______________ ______________
Draft _______________ ______________
Letter of Credit _______________ ______________
Total _______________ ______________
___________________________________
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_______________________________________
(Stamp and Signature of Authorised Official)
Name & Designation ……………………………………….
Name & Address of Authorised Dealer ……………………
Date: ____________
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BBI
(Ref : C-4)
(Paragraph 7 v. of Annexure 1 A.D.(M.A.Series) Cir. No.11 dated 16.05.2000)
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.
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_________________________________
Place: ________________ (Signature of Authorised Official)
STAMP
Designation:
______________________
* Strike out whichever is not applicable.
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BBX 1
(Ref: C-5)
(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir.No.11 dated 16.05.2000)
1. A copy of this form should be submitted to the Office of Reserve Bank under whose
jurisdiction the Head / Registered office of the applicant firm / company is situated, through
authorised dealer with whom the agency arrangement is registered.
2. Parts A and C are to be filled up in case of fresh arrangements; Thereafter, the information
as in Part B may be submitted as at the end of every year within one month from the close
of the year alongwith the documents listed in item 5 below.
Documentation:
3. Certified copies (in duplicate) of agreements/correspondence exchanged with break- bulk
agents proposed to be appointed abroad.
(a) total freight amount collected from exporters against *air/sea cargo consolidated,
(b) total amount of freight paid to airlines/shipping companies against *air/sea cargo
consolidated,
(c) total remuneration paid/payable to break-bulk agents abroad.
PART A
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PART B
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PART C
DECLARATION
We hereby confirm that:
(a) The particulars etc. given above are true and correct to the best of our knowledge and
belief.
(b) No application for release of exchange has been or will be made to any other authorised
dealer in respect of the appointment of break-bulk agents by us.
(c) All the expenses/remuneration payable to the break-bulk agents will be borne by the
applicant firm/company.
(d) We shall abide by the code of conduct framed by the *Air Cargo Agents Association of
India (ACCAI) or Sea Cargo Agents Association and undertake to abide strictly by the
terms and conditions prescribed by the Reserve Bank if this application is approved.
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BBX 2
(Ref: C-5)
(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir.No.11 dated 16.05.2000)
Sr.No.of Name and GR Country of Freight HBL * Name of Freight Name and Remarks
consoli- address of Form destination collected HAWB MBL Airline/ paid to address of
dation Exporter No. of the cargo from No. MAWB Shipping Airline Break-bulk
Exporter Dt. No. Company Shipping Agent
companies abroad
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
1.
2.
3.
4.
Total
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We confirm that the above statement is a complete list of all consolidations done during the
month.
We also confirm that the freight amounts collected from the exporters are in conformity with
the consolidation * air/sea freight tariffs submitted by us to the Ministry of Commerce,
Government of India.
We certify that consolidation has been done in strict conformity with the Exchange Control
regulations in force.
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CAS
(Ref: C-3,C- 4 & C-5)
(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir.No.11 dated 16.05.2000)
(i) Shipments of earlier months for which payments were to be received at the beginning of the month
(1)
(2)
(3)
(4)
(ii) Shipments sent during the month
(1)
(2)
(3)
(4)
Notes: (i) Copies of relevant MAWB/MBL & HAWB/HBL should accompany Part 'A'
________________________________
Place: (Signature of authorised official)
Stamp
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Name: ___________________________
Date: Designation: ______________________
Certified that the particulars furnished above have been verified with reference to the
books of account and bank certificate verified for the inward remittance received for the
purpose as per column 7 above.
Place: Signature :
Date: Status :
Chartered Accountant
Registration
No.________________________
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DIC
(Ref: C-5)
(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir.No.11 dated 16.05.2000)
respect of goods moved against *House Airway Bill / Bill of Lading No............ dated ...................
has been paid by us earlier in respect of these goods and that the freight amount has also not
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ECB 2
(Notification No. 3/2000-RB dated 3rd May 2000)
Instructions
1. This statement should be submitted in duplicate, to Reserve Bank within 10 days from the
close of the quarter to which it relates furnishing details of all types of foreign currency
borrowings viz. foreign currency loans, suppliers' credits, bonds, convertible bonds,
FRNs, cross-border financial lease, etc. If there are no transactions during a particular
quarter, a "Nil" statement indicating only the outstanding balance of the loan/credit
should be submitted.
2. One copy of this statement should be accompanied by an Annexure in the attached form,
alongwith a complete set of documents towards utilisation of loan/credit. The information
furnished in the Annexure should be certified by the statutory auditors/Chartered
Accountant.
3. In case of suppliers' credits, the dates of imports are to be given in place of dates of
drawals.
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6. If repayment schedule indicating exact dates of payments has not been submitted at the
time of agreement, the same should be given with this statement. Any revision in
repayment schedule made subsequently should also be indicated.
7. All dates should be given as YYYY/MM/DD such as 1996/06/30 for June 30, 1996.
4. Country of lender :
[For RBI use]
No. Date of drawal/Import (see Currency Amount Amount of loan approved but not
instruction 3) yet drawn
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No. Purpose Date of remittance Currency Amount Source (only codes) [see
Due date Actual date of instruction 5]
remittance
1. Principal
2. Interest
3. Others
(specify)
Currency Amount
[For RBI use]
i) Number of instalments
(If instalments are of unequal amount or are not regular, furnish details of each instalment
with date and amount in the following format by way of a separate sheet)
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We hereby certify that the particulars furnished above are true and correct to the best of our
knowledge and belief.
We confirm that prior approval of Reserve Bank of India/Authorised Dealer was obtained
by us by submitting applications in form ECB 3 in respect of all the remittances made by us as
described above.
Place :
Stamp (Signature of Authorised Official of
Date : the borrower/lessee)
Name :
Designation :
We hereby certify that the information furnished above with regard to debt servicing,
outstandings and repayment schedule is true and correct as per our record.
Place :
Stamp (Signature of Authorised Official
Date :
Name
Designation
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This statement has been scrutinised as per instructions contained in the Book of
Instructions and circulars issued from time to time and found to be in order. Code numbers
against items nos.2, 3, 4, 8, 9 and 10(iii) have been supplied in the relevant boxes. Further, the
identification details of the loan/credit in question have been agreed with the corresponding
entries in the statement furnished earlier to DESACS vide Form 83. Information supplied in
this statement has been posted in the register in Form 85.
Assistant Manager
Date
Reserve Bank of India,
Exchange Control Department,
ANNEXURE TO ECB 2
We hereby certify that the amount of loan/credit has been utilised by us fully/partly for
the approved purpose strictly in accordance with the terms and conditions of the loan approved
by Government of India and Reserve Bank of India.
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(a) Purpose :
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4. We certify that the information furnished above is true and correct. No material
information which may affect the Reserve Bank decision to allow the remittances connected
with this loan/credit, has been withheld by us.
5.* We certify that we sanction and disburse foreign currency loans to our
customers/borrowers strictly in accordance with the terms and conditions approved by
Government of India and Reserve Bank of India and ensure that the funds are utilised by those
borrowers for the purpose for which the loans are disbursed to them.
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We hereby certify that the foreign currency loan/credit permitted to be raised by RBI
vide its letter No.____________________________________
dated___________________________
and bearing Registration No. ______________________________________ has been raised
by
______________________________________ from
__________________________________
(Name of the borrower) (Name of lender/lessor)
and duly accounted for in its books of account and related record. Further, the loan has been
utilised by the said borrower for the declared purpose of
____________________________________________________________________________
__
as approved by Government of India vide its letter
No._________________________________
dated _________________. We have verified all the relevant documents and record connected
with the utilisation of loan/credit and found these to be in order in accordance with the terms
and conditions of approval granted by Reserve Bank as also the provisions of Exchange
Control Manual, 1993 Edition and to our satisfaction.
(Authorised Signatory)
Place : Name
Stamp Address
Date : Registration No.
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ECB 3
((Notification No.FEMA 3/2000-RB dated 3rd May 2000)
Instructions
(i) The borrowers should submit this application to Reserve Bank or to the authorised dealer (where
general permission has been granted by Reserve Bank for making remittances connected with the
foreign currency loan/credit), complete in all respects.
(ii) Request for proposed remittance should be strictly in accordance with the terms and conditions of the
loan as approved by Government of India and Reserve Bank of India and the loan agreement taken on
record by Government of India.
(iii) Please do not omit anything from this statement; delete under proper authentication whatever is not
applicable.
(iv) Request for payment of penal interest should invariably be accompanied by approval for it from the
concerned office of Reserve Bank.
(v) Please ensure that statement in form ECB 2 for the last calendar quarter has been submitted to the
concerned office of Reserve Bank and an acknowledgement in respect thereof is enclosed to this
application.
(vi) This statement should be submitted to the authorised dealer even where the repayment/payment of
principal/interest and any other charges connected with the loan/credit is to be made from any
foreign currency account being maintained by the borrower in India or abroad.
This has reference to the foreign currency loan/credit taken by us from ..............................., as per details
given below: (Name of the lender/lessor)
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2. The loan/credit has been drawn in full/has not been drawn in full for the reasons(s) ……………………….
The balance amount is proposed to be drawn during ...........................…………………………………………………
/is not to be drawn any more, because......................................…………………………………………………………
*2.2 The account has been closed and unspent balance of ....................………………... has been repatriated
to India / surrendered to Authorised Dealer under advice to RBI vide our letter No............................ dated.................
OR
*2.2 The account opened with RBI permission vide its letter No........................................
dated................is still being maintained by us with the present balance being................................. for the
reason(s).................................................................... and, therefore, RBI's approval for remittance of principal and/or
interest is hereby sought/has been obtained, vide its letter No...........................................................dated....................
3. The loan was availed of for the purpose of .............................. The documentary
evidence in support of utilisation of the loan has been submitted to Reserve Bank of India, .................……………..
on .............. along with statement in form ECB 2 for the quarter(s)
(Name of the RBI office)
ended .............. vide letter No ............................................. dated .................. The asset acquired with the assistance
of loan/credit in question continues to be held with us and on our books of accounts.
The following charges relating to the above foreign currency loan as approved by
Government of India and Reserve Bank of India, ..………..........…....., are now due for payment: (Name Office)
(i)
(ii)
(and so on)
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(OR)
*5.1 We have since taken RBI's approval vide its letter No. ........…………......................…....
dated .................. (copy enclosed) for making payment of penal interest.
5.2 We have earlier defaulted on .... occasions and a total sum of ........................... has
already been paid by us by way of penalty due to............................................
5.3 We are taking suitable steps to ensure that there should not be any default again in
making repayment/payment on time as per the loan agreement in question. We are also keeping our Board of
Directors fully informed of these defaults and have informed the Board that Reserve Bank of India views seriously
the payment of penal interest by way of defaults.
7. We certify that the information furnished above is true and correct to the best of our
knowledge. The foreign exchange acquired by way of foreign currency loan / credit in question has been utilised by
us for the purpose for which it was acquired under approval from Government of India and Reserve Bank of India.
The proposed re-payment/payment of ..........…………………………........................is -
[Principal/Interest/ Other charges (specify)]
(i) strictly in accordance with the terms and conditions of the loan agreement taken on record
by the Government of India and subsequent amendments approved by Government of India and Reserve Bank; and
(ii) it is outstanding and has not been paid earlier through any other authorised dealer or in any
other manner whatsoever.
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(i)
(ii)
9 The payment of interest / penal interest is exempt from payment of tax in terms of
Government's letter No............................................... dated....................(copy enclosed)/is not exempt from payment
of tax and accordingly, NOC/TCC from the competent authority is enclosed.
Encl: __________________________________
(Authorised signatory)
Name: ___________________________________
Designation: ________________________________
Full address: ________________________________
Stamp ________________________________
________________________________
Place :………….
Date :………….
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MTR
(Ref: C-5)
(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir.No.11 dated 16.05.2000)
Particulars of (A) on carriage, agency commission, etc. charges to be remitted abroad
and (B) Payments on oceanfreight/slot-hire charges made to shipping companies in India
in respect of export cargo(es) for the period from to
Address
TOTAL:
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Sr.No. of the containers Name of the Hub Port/ Ocean freight/ slot-hire
FCL LCL Transhipment port Date Amoun
7. 8. 9. 10.
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We hereby certify that the information contained in this statement is true and correct in every respect and gives
complete information of export containers handled by us and remittances effected.
Place:
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OBR
(Ref: C-5)
(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir.No.11 dated 16.05.2000)
Application for permission to post a representative/
establish office/branch overseas
Instructions :
1. The application together with the suppporting documents should be forwarded to the authorised
dealer/Reserve Bank as indicated in paragraph9B.1of the Exchange Control Manual.
2. Hotels,travel agents/tour operators may submit the form & other documents in duplicate.
3. Concerned area/territory' means the countries/territories to be covered by the proposed branch/agent.
4, The estimates of foreign exchange expenditure should be given I n units of foreign currency and the
appropriate rupee equivalent furnishing the exchange rate applied.
5. Full particulars of any special export regulations (e.g.exports permissible only against confirmed letter of
credit,etc.) covering the applicant's products being exported should be furnished.
Documentation :
6. Correspondence,if any,in original together with photo copies there of regarding the arrangement made in
foreign country for posting of representative/establishment of branch/office.
7. Bank certificates,in form BCX,together with photocopies thereof for the immediately preceding four
calendar half years in support of export realisations (Item 7 of application)
8. In the case of a trading branch,cashflow statement in the proforma attached indicating the value of stock to
be held,percentage of marked-up price and projected income and expected profit margin should be
furnished.
PART I GENERAL
1. (a) Name and address of the applicant (a)
(b) State whether the applicant is a proprietary concern (b)
or partnership firm or limited company or public
sector undertaking
(c) Exporter's Code Number allotted by Reserve Bank (c)
2. Nature of the applicant's business in India
(a) Exporter of commodities (a)
(b) Exporter of software (b)
(c) 100% Export-Oriented Unit (c)
(d) Consultancy organisations/Construction company (d)
(e) Others (please specify) (e)
3. (a) Names and addresses of applicant's bankers, in (a)
India
(b) Number of the EEFC account, if any, opened by the (b)
applicant and the name of the AD with whom it is
opened
4. If the applicant is holding a registration certificate as a
Star Trading/ Trading Export House issued by
Government of India, No. and Date of such certificate
5. Particulars of foreign currency balances/securities, if
any, held by the applicant - quote Reserve Bank's
approval number and date
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(a) The particulars given above are true to the best of our knowledge and belief.No application for release of
exchange has been or will be made to any other office of Reserve Bank in respect of permission sought
under this application.
(b) All the expenses of the office/representative(s) detailed above will be borne by our firm/company.
We undertake to strictly abide by the instructions issued and the conditions that may be stipulated by Reserve
Bank.
(Note: Signature on behalf of the firm/company should be that of the Senior Partner/Proprietor or Director of the
firm/company, as the case may be)
Name:......................................................
Address:...................................................
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Cash-flow Statement
(In the case of trading office)
loss(-)
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RCC
(Ref: H 28)
(A.P. (DIR Series) Cir. No. 45 dated 14.05.2002)
Certified that the above particulars are correct. The following documents are enclosed.
(i) Airway Bills (ii) Bank certificates (iii) Invoices (iv) Chartered Accountant's certificate (v) Certificate
regarding rate, etc.
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The above particulars have been checked and are correctly reported as per Books of Accounts for remittance
purpose.
Place : Signature: _____________________________
Date : Name/Status: ___________________________
Regd.No.:______________________________
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REM
(Ref : G-3)
(FEMA-GOI_Notification G.S.R.381 (E) Schedule III, Item 3
Master Cir. EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001 Schedule III, Item3)
Documentation:
(a) Name
(b) Nationality
(c) Address
I hereby declare that the above particulars are true and correct. I declare that under no circumstances my family
as a unit would remit more than US$ 5,000 to.......................................during the calendar year ..........
(name of the beneficiary)
I also declare that I have not applied to any other authorised dealer in this regard.
................................................
(Signature of Applicant)
Place: ...................
Date: ...................
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SPM 1
(Ref: C-2)
(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir.No.11 dated 16.05.2000)
Statement showing passage and freight collections and disbursements made by
foreign airline companies during the month of .....................
Instructions:
1. The statement should be completed in duplicate and forwarded to Reserve Bank through the bank with whom
the foreign airline company maintains account in India, before 20th day of the month succeeding the one to
which it relates.
2. The statement should be submitted irrespective of whether remittance of surplus funds, if any, is intended to
be applied for or not.
3. If the remittance of surplus funds is desired to be made, one copy of the statement should be forwarded to
Reserve Bank by the concerned bank immediately after effecting the remittance along with the original tax
clearance/No objection certificate - from the Income-tax authorities. Where no remittance is desired to be
made by the airline's office or its agent in India, a copy of the statement should be forwarded to Reserve
Bank by the bank together with the airline's confirmation to that effect.
Total of (1)...
2. Freight collected @
(a) On Exports
(b) On Imports
(c) On Transhipment cargo
(d) Excess/unaccompanied
baggage
(e) On Imports/Exports
into/from Nepal/
Bhutan
(f) Others
(Please specify)
Total of (2)...
@ Passage fares and freight collections should include the amounts actually received by the applicant
company/agents and should not include amounts receivable at a future date.
US$ Rs.
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We hereby declare that the statements made above are true and correct to the best of our knowledge and belief.
(i) the freight and passage fare collections have been made by us in conformity with the Guidelines
issued by the Reserve Bank from time to time;
(ii) no funds representing proceeds of tickets sold in Nepal to persons residing in that country for
destinations beyond India have been received by us in India for making local disbursements;
(iii) apart from the collections/receipts mentioned against items 1, 2, and 3 of this statement, no other
income has been derived in India by or on account of M/s........................... (name and place of
office of the concerned Airline company) during the said month;
(iv) this statement does not include any income which has been derived in contravention of Sections 28,
29 and 31 of the Foreign Exchange Regulation Act, 1973.
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(v) all relevant records in support of the collections/disbursements reported in this statement are held by
us and will be made available for inspection by Reserve Bank as and when demanded;
(vi) Discrepant amounts noticed during the scrutiny of the statement/documents or the amount
remitted in excess of the entitlement will be brought to India immediately by inward remittance in
convertible foreign currency in an approved manner.
Place:
Stamp (Signature of the Chief Executive of
Date : the Airline Company in India)
Name:
Designation:
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Place:
Stamp (Signature of Authorised official)
Date : Name:
Designation:
Name & Address of Authorised
Dealer Uniform Code No.
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SPM 2
(Ref: C-1)
(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir.No.11 dated 16.05.2000)
Statement showing passage and freight collections and disbursements made by foreign shipping
companies or agents operating in India
Instructions:
1. The statement should be completed in duplicate and forwarded to Reserve Bank through the bank with
whom foreign shipping company maintains NR collection and disbursement accounts, within 35 days from
the date of sailing of the vessel.
2. The statement should be submitted irrespective of whether remittance of surplus funds, if any, is intended
to be applied for or not.
3. If the remittance of surplus funds is desired to be made, one copy of the statement should be forwarded to
Reserve Bank by the concerned bank immediately after effecting the remittance alongwith the original
Income-tax clearance/No objection certificate - from the Income-tax authorities. Where no remittance is
desired to be made by the agent in India, a copy of the statement should be forwarded to Reserve Bank by
the bank together with the principal's confirmation to that effect.
Documentation:
4. Copy of Agency Agreement (if not already filed with Reserve Bank).
5. A certified copy of the voyage Account rendered to principals.
6. Freight manifests in support of freight collections.
7. Documentary evidence in support of other receipts.
8. Documentary evidence regarding provision/payment of income-tax, i.e. auditor's certificate ,receipted
income-tax challans, original assessment orders, etc. with photocopies thereof.
9. Copy of resolution/instructions from the conference in respect of collection, if any, of Bunker Adjustment
Factors (BAF)/Currency Adjustment Factor (CAF).
10. Export Tally Sheet certified by the surveyors in respect of export cargo.
11. Relative Bills of Lading in respect of import cargo on 'Charges Collect Basis'.
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@ Passage fares and freight collections should include the amounts actually received by the applicant
company/agents and should not include amounts receivable at a future date.
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Name/s of bank/s
(i) the freight and passage fare collections have been made by us in conformity with the Guidelines issued by
the Reserve Bank from time to time.
(ii) no funds representing proceeds of tickets sold in Nepal to persons residing in that country for destinations
beyond India have been received by us in India for making local disbursements.
(iii) apart from the collections/receipts mentioned against items 3, 4 and 5 of this statement, no other income has
been derived in India by or on account of M/s…………………………… (name and place of office of the
concerned shipping company) during the said period.
(iv) this statement does not include any income which has been derived in contravention of Section 28, 29 and 31
of the Foreign Exchange Regulation Act, 1973.
(v) the declarations obtained from importers/exporters in support of the freight amount collected in rupees and
all relevant records in support of the collections/disbursements reported in this statement are held by us and
will be made available for inspection by Reserve Bank as and when demanded.
Place:………………..
Date :……………….. Stamp Signature of authorised official
Name:…………………………………
Designation:…………………………..
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SRM
(Ref: C-1)
(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir.No.11 dated 16.05.2000)
Register for recording receipt of SPM 2 statements and remittance of passage fare/freight collections
by foreign shipping companies
US $ US $ US $ US $ US $
Ad hoc remittance Balance to be Ineligible Inward remittances received Balance in the Initials
remitted amount account authorised
Amount Date Amount Date Amount No. and date of officer
bank certificates
(14) (15) (16) (17) (18) (19) (20) (21) (22)
Rs. Rs.
US $ US $
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This certificate has reference to the foreign technical collaboration between M/s.
__________________________________________________________________ (hereinafter
referred to as "Indian company" and M/s. ___________________________________________
______________ (hereinafter referred to as "oversees collaborator" for ____________________
_____________________________________________________________________________
_____________________________________________________________________________
(specify purpose)
2. The above collaboration has been approved by the Reserve Bank of India/Government of
India, Ministry of Industry, vide its letter No. ___________________ dated ________________
and subsequent amendment(s) vide letter(s) No. (s) ____________________________________
dated __________________ setting out that a lump sum technical know-how fee of __________
____________________ (amount) net of taxes/subject to taxes is payable to the overseas
collaborator in ______________________________ (number) instalments (each being of _____
___________________________________) on fulfilment of the condition governing payment
of each such instalment.
6. We have verified the books of accounts, the collaboration agreement, Government's letter
of approval, RBI's letter dated _________________________, technical documents and other
relevant paper/documents etc. and having fully satisfied ourselves, hereby certify that :
(i) the statement made above are true and correct to the best of our knowledge and
belief;
(iii) the collaboration agreement in question has been concluded within the validity
period of the Reserve Bank's/Government's letter of approval;
(iv) the proposed payment does not in any way involve payment of any interest on
delayed payment and/or any other payment which is not specifically permitted under
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(v) the Indian company has paid income-tax at the rate specified by the Government and
deposited with _______________________________________________________
(Name of bank and branch)
on __________________.
OR
(vi) the Indian company has paid cess under R & D Cess Act, 1986, on the amount of
technical know-how fee in question;
Balance payable
Chartered Accountant/Chartered Engineer
Place :
(Signature of the authorised signatory)
SEAL Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . .
Date : Registration No. . . . . . . . . . . . . . . . . . . . .
Notes: (i) Delete under authentication whatever is not applicable but no item/clause should
be omitted from this format of the Certificate.
(ii) Additional information, if any, may be supplied on separate sheet under proper
authentication.
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TCR
[Ref: H-4]
(FEMA-GOI Notification G.S.R(381 E) Schedule III, Item 14
Master Cir. EC.CO.PCD.No.17/15.02.76/2002-02 dated 13.08.2001 Schedule III, Item 14)
1. This certificate has reference to the foreign technical collaboration between M/s.____________________
(hereinafter referred to as "Indian company") and M/s.____________________ (hereinafter referred to as
"overseas collaborator") for _________________________________.
(specify purpose)
2. The above collaboration has been approved by the Reserve Bank of India/Government of India, Ministry
of Industry, vide its letter No. ______________________dated ____________________ and subsequent
amendment(s) vide letter(s) No. (s) __________________________ dated ___________ setting out that a royalty
of _________ and ___________net of taxes/subject to taxes is payable to the overseas collaborator on domestic
sales
(rate) (rate)
and actual export proceeds on fulfilment of the condition/s governing each such payment.
4. A sum of ________________ towards payment of technical know-how fees has already been remitted on
________________ and balance amount of ____________________________remaining to be paid is due on
________________/ no further payment remains to be made on this account.
5. The collaboration agreement is dated _____________________ and the commercial production based on
the technology acquired under the above collaboration has commenced on _________________. Consequently,
the period of agreement is from _____________ to _______________ and the period for payment of royalty is
determined as from _____________________ to _________________ in accordance with the terms and
conditions set out for the purpose by RBI/Government vide its letter dated _________________.
6. The following payment(s) has (have) already been made under the above collaboration :
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7. A gross payment of ______________ net of tax/subject to tax, has now become due to the overseas
collaborator towards payment of royalty in respect of orders executed by the Indian Company during the period
____________ to _______________ under the above collaboration. The amount has been calculated strictly in
accordance with the terms and conditions stipulated in this regard by the RBI/Government, vide its letter dated
_______________ cited above; details whereof are furnished in the Annexure.
8. We have perused the books of accounts, the collaboration agreement, Government's letter of approval,
RBI's letter dated ____________ and other relevant records and having fully satisfied ourselves certify as under :
(i) the statements made above are true and correct to the best of our knowledge and belief;
(ii) the Reserve Bank's/Government's letter of approval and subsequent amendment, if any, form part of the
collaboration agreement dated ___________________;
(iii) the amount of royalty has been calculated on products manufactured after the conclusion of the
collaboration agreement and the quantum of said production is within the capacity approved by the
Government of India;
(iv) the Indian company has executed legal undertaking/furnished bank guarantee and has fulfilled the export
obligation as instructed by DGFT and Ministry of Commerce;
(vi) the proposed payment does not in any way involve payment of any interest on delayed payment and/or
any other payment which is not specifically permitted under RBI/Government's letter of approval dated
_________________;
(vi) the Indian company has paid income-tax at the rate specified by the Government and deposited with
__________________________________________ on ____________.
(name of bank and branch)
OR
a 'No Objection Certificate' /tax clearance certificate issued by ____________________________ vide
No. ____________________________ dated ____________ is enclosed, in original;
(viii) the Indian company has paid cess under R & D Cess Act, 1986, on the amount of royalty in question;
(ix) the Indian company has submitted to Reserve Bank of India, ________, the Return in Form TCD for the
year ended 31st December __________.
Place:
Date: Chartered Accountant
SEAL
(Signature of the authorised signatory)
Name:….……………………………..
Address: ….………………………….
Registration No. ….………………….
Notes : (i) Delete under authentication whatever is not applicable but no item/clause should be omitted from this
format of the Certificate.
(ii) Additional information, if any, may be supplied on separate sheet under proper authentication.
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ANNEXURE
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TCD
[Ref: H-4]
(FEMA-GOI Notification G.S.R(381 E) Schedule III, Item 14
Master Cir. EC.CO.PCD.No.17/15.02.76/2002-02 dated 13.08.2001 Schedule III, Item 14)
2. It should reach the concerned office of the Reserve Bank of India in the first fortnight of January each
year.
3. It shall contain information on calendar year-wise basis beginning from the date of first remittance.
5. Wherever technical know-how has not been received in full, necessary explanation may be furnished by
way of a separate note.
2. Registration No.
DD MM YYYY
4. Date of Agreement
DD MM YYYY
FROM
6. Total period determined for
payment of royalty DD MM YYYY DD MM YYYY
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(ii) Royalty
(iii) Dividend
& Profit
(iii) Others
(Please
specify
Total
8. Details of total royalty remitted till 31st December of the year of this
Return.
Sales Rate of Royalty Amount (Rupees)
Domestic
Exports
Total
'Y' 'X'
Percentage of 'X' to 'Y'
10A. Details of foreign technicians deputed to India under the collaboration during the calendar year under
report.
a) Number of technicians :
10B. Details of Indian personnel deputed abroad for training during the calendar year under report.
b) Number of mandays :
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11. Utilisation of foreign exchange from the beginning of the project upto the 31st December of
the year of this Return, towards
(iii) Royalty
Total
12. Inflow of foreign exchange during the same period as for Item no.11 above:
Total
13. Between item nos. 11 and 12 above, which is more? Please (ü) the appropriate box.
Outflow Inflow
We hereby certify that -
(i) the particulars furnished above are true and correct to the best of our knowledge;
(ii) the remittances have been made strictly in accordance with the terms and conditions of approval
granted by RBI/Government of India (delete whichever is not applicable) for the collaboration in
question
(iii) the technical know-how (including drawings and designs, relevant documents etc.) have been
received in full as contemplated under the collaboration agreement.
(iv) prior approval of Reserve Bank of India, __________________, was obtained for all remittances
other than those of technical know-how fee and royalty, which have been made by us and are
included in this Return.
…………………………………………………..
(Signature of the authorised signatory with seal)
Place : _________________ Name : _________________________________
Date : _________________ Designation : ____________________________
No. of enclosures : Address : _______________________________
________________________________
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Countersigned
Place : _________________ …………………………………………………..
Stamp
Date : _________________ (Signature of Authorised Official)
Name : _________________________________
Designation : ____________________________
Address : _______________________________
________________________________
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TRS
(Ref: A-4)
(FEMA-GOI-Notification G.S.R. 381(E) Schedule III, Item 10
Master Cir. EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001 Schedule III, Item 10.)
Documentation :
2. Letter of admission in original (to be returned to the applicant) with a certified copy thereof (to
be retained by the A.D.) received from the foreign educational institution or a firm of
Chartered Accountants in the U.K. indicating the date of commencement of the course and the
duration of the course.
1. Student’s name
2. Address
I declare that I have read the instructions of my/*student’s eligibility as given overleaf and undertake
that under no circumstances I/*student will draw exchange exceeding the eligibility.
I certify that the statements made above are true to the best of my knowledge and belief.
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____________________________
(Signature of the student/*applicant)
a) U.S.$ 30,000 per annum towards tuition fees, maintenance expenses, books, etc.
b) Exchange in excess of U.S.$ 30,000 per annum would be available at actuals to the extent of
the requirement of exchange indicated by overseas educational institution.
c) The amount of scholarship, if any, received by student will be adjusted against the exchange
admissible to the student only to the extent desired by the applicant.
d) Student who is in receipt of full sponsorship from a close relative will be eligible for full
exchange if he desires not to avail of the relative’s hospitality.
e) In case letter of admission does not indicate exchange requirement, exchange may be released
by authorised dealers upto U.S.$ 15,000 subject to adjustment while releasing further exchange.
f) Exchange will be released for a period of one year at a time. Further exchange will be available
on production of documentary evidence to show that student is continuing studies abroad for
the same course or any other at the same or any other educational institution.
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TRM 1
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DECLARATION
I hereby declare that the statements made above are true to the best of my knowledge and belief.
I also declare that I/the patient have/has not submitted and will not submit any application for the same purpose to
any other branch/office of any authorised dealer in foreign exchange in India.
I further undertake to submit within a period of 30 days of my/the patient’s return to India, a statement of account
of the expenses incurred abroad, duly supported by bills, where necessary, together with a certificate from the
attending physician/surgeon that I/the patient have/has undergone the treatment.
......................................................
(Signature of patient/applicant)
Place: ..........................
Date: ..........................
_____________________________________________________________________________
Certificate from the Treating Physician/Surgeon
I certify that I have satisfied myself that the ailment from which the patient is suffering is of such a nature that
treatment abroad is necessary.
Signature____________________________________
Name of the applicant _________________________
Registration No.______________________________
Address: ____________________________________
Place:........................
Date:........................
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TRM2
(Ref: A-5)
(FEMA-GOI-Notification G.S.R. 381(E) Schedule III, Item 9
Master Cir. EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001 Schedule III, Item 9.)
MEDICAL CERTIFICATE
_____________________________________
Place: ................ (Signature of Medical practitioner)
Date: ................. Name ____________________________
Designation ____________________________
Registration No.____________________________
Address ____________________________
____________________________
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To________________________________________
being ________________________________________________________________________
(Nature of payment)
to ___________________________________________________________________________
(name and complete address of the person to whom the remittance has been made)
after deducting a sum of Rs.________ being the tax @_____________, which is the
appropriate rate of tax deductible at source on the said amount of remittance.
2. A certificate from the Accountant as defined in Explanation below Section 288 of the
Income-tax Act certifying the nature and amount of income, amount of tax payable and the amount actually paid,
is also annexed.
3. In case it is found that the tax actually payable on the amount of remittance made has either
not been paid or has not been paid in full I/we undertake to pay the said amount of tax alongwith interest found
due in accordance with the provision of the Income-tax Act.
4. I/We will also be subject to the provisions of penalty and prosecution for the said default
as per the Income-tax Act.
5. I/We also undertake to submit the requisite documents etc. for enabling the Income-tax
Department to determine the nature and amount of income and tax, interest, penalty etc. payable hereon.
__________________________
Date:
Place:
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(The undertaking shall be signed by the person authorised to sign the return of income of the
person making the payment).
--------------------------------------------------------------------------------
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CERTIFICATE
to _____________________________________________________________________
(Name and complete address of the person to whom the remittance is being made)
and the rate at which the tax is deductible at source thereon and hereby certify that
a sum of Rs at the.______ has been deducted as tax appropriate rate and has been paid to the
Accountant
Place:
Date:
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Form 1
DECLARATION- cum-UNDERTAKING
[Under Section 10(5), Chapter III of The Foreign Exchange Management Act, 1999]
I/We hereby declare that the transaction the details of which are specifically mentioned in the
Schedule hereunder does not involve, and is not designed for the purpose of any contravention
or evasion of the provisions of the aforesaid Act or of any rule, regulation, notification,
direction or order made thereunder.
I/We also hereby agree and undertake to give such information /documents as will reasonably
satisfy you about this transaction in terms of the above declaration.
I/We also understand that if I/We refuse to comply with any such requirement or make only
unsatisfactory compliance therewith, the Bank shall refuse in writing to undertake the
transaction and shall if it has reason to believe that any contravention /evasion is contemplated
by me/us report the matter to Reserve Bank Of India.
* I/We further declare that the undersigned has/have the authority to give this declaration and
undertaking on behalf of the firm/ company.
_______________________
Signature of the Applicant
for Foreign Exchange
Place :
Date :
SCHEDULE
All foreign exchange transactions as may be entrusted by us to the Bank from time to time.
For Office Use
NOTE: (Details of information/documentary evidence to be verified/recorded separately for
each transaction)
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Form 2
DECLARATION- cum-UNDERTAKING
[Under Section 10(5), Chapter III of The Foreign Exchange Management Act, 1999]
I/We hereby declare that the transaction the details of which are specifically mentioned in the
Schedule hereunder does not involve, and is not designed for the purpose of any contravention
or evasion of the provisions of the aforesaid Act or of any rule, regulation, notification,
direction or order made thereunder.
I/We also hereby agree and undertake to give such information /documents as will reasonably
satisfy you about this transaction in terms of the above declaration.
I/We also understand that if I/We refuse to comply with any such requirement or make only
unsatisfactory compliance therewith, the Bank shall refuse in writing to undertake the
transaction and shall if it has reason to believe that any contravention /evasion is contemplated
by me/us report the matter to Reserve Bank Of India.
* I/We further declare that the undersigned has/have the authority to give this declaration and
undertaking on behalf of the firm/ company.
_______________________
Signature of the Applicant
for Foreign Exchange
Place :
Date :
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SCHEDULE
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The Manager,
BNP Paribas,
……………… Branch
…………….
Dear Sir,
Subject : Request for foreign outward remittance (Demand Draft / Swift transfer)
Purpose of :…………………………………………………………………….
remittance ……………………………………………………………………..
________________________________________________________________________
(Additional details in case of Swift transfer)
Beneficiary Account No:…………………………………………………………………..
Beneficiary Bank’s :……………………………………………………………………..
name and address………………………………………………………………………
(account no. if available)…………………………………………………………………..
(swift code if available) ………..…………………………………………………………
Yours faithfully,
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Clients Declaration
We hereby declare that the amount of remittance does not exceed USD 25000/- per person/per
visit. We also declare that we have not approached/ will not approach any other authorised
dealer for this remittance.
_________________________
Date : Name :
Designation :
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Clients Declaration
(Ref B-3)
We hereby declare that the amount of remittance of hotel accommodation charges are incurred
on account of training. We further confirm that the amount of remittance does not exceed
USD 25000/- per person inclusive of training cost.
_________________________
Date : Name :
Designation :
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(Ref : C-4)
We have verified the books of account of M/s, ………. (name and address)…………….
…………….. and hereby certify that the amount of remittance applied for has been verified
with reference to copy of prepaid Master Airwaybill/ Master Bill of Lading together with
original relative House Airway Bill/ Master Bill of Lading as also cargo manifest and invoices
from the overseas consolidators and had been found correct.
Place : Stamp
Date : …………………………..
Signature of Chartered Accountant
Name …………………………
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(Ref : C-5)
We have verified the books of account of M/s, ………. (name and address)…………….
…………….. and hereby certify that the amount of remittance applied for has been verified
with reference to Break-Bulk agents debit notes and invoices, copy of Master Airwaybill/
Master Bill of Lading together with original relative House Airway Bill/ House Bill of Lading
as and had been found correct.
Place : Stamp
Date : …………………………..
Signature of Chartered Accountant
Name …………………………
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(Ref : D.1)
(Item 13 of Schedule III, and A.P.(DIR Series) Cir. No. 44 dated 14.05.2002)
We have verified the books of account of M/s, ………. (name and address)…………….
…………….. collecting agent of M/s. …………. Name and address) …………… and
hereby certify that :
1. Applicant exporter satisfies the criteria of having export earning of more than Rs. 10 lakhs
during each of the preceding two years. and
2. The advertisement for which foreign exchange is being remitted has been broadcaster by
the foreign television company in foreign countries and not in India alone.
Place: Stamp
Date: …
Signature of Chartered Accountant
Name…
Full Address…
Registration No.…
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Clients Declaration
(Ref E-3)
We hereby declare that remittance is being made out of the foreign exchange purchased by the
concerned traveler from an authorized person (including exchange drawn for private travel
abroad) in accordance with the rules, regulations and Directions in force.
_________________________
Date: Name:
Designation:
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Clients Declaration
(Ref F-1)
We hereby certify that the Maintenance/ Annual Service charges for Imported Machinery /
Software etc. is not covered under any warranty/guarantee obtained from the foreign company.
_________________________
Date : Name :
Designation :
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Clients Declaration
We hereby confirm that the remittance is not exceeded USD 100,000/- per project.
_________________________
Date : Name :
Designation :
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Clients Declaration
We hereby confirm that the remittance is not exceeded USD 5000/- during the year. We also
declare that we have not approached or will not approach any othet bank for this remittance.
_________________________
Date : Name :
Designation :
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Clients Declaration
(Ref G –5 )
We hereby confirm that the employee concerned is in regular employment and the said
remittance is not exceeded his/her net salary. We also declare that we have not approached or
will not approach any othet bank for this remittance.
_________________________
Date : Name :
Designation :
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Clients Declaration
(Ref G –6)
We hereby confirm that the employee concerned is in regular employment and the said
remittance is within the 75% of his/her net salary. We also declare that we have not
approached or will not approach any othet bank for this remittance.
_________________________
Date : Name :
Designation :
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(Ref : H.2)
We hereby confirm that the proceeds of income-tax refund order of M/s ……………. has been received by us.
The details of which are as under :
Place : Stamp
Date : …………………………..
Signature of Authorised Official
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Clients Declaration
(Ref H –8)
We hereby certify that the remittance represents visa fees/ other consular collections made by
us and the amount so far remitted during the year is Rs…….. The remittance during the
previous We also declare that we have not approached or will not approach any othet bank for
this remittance.
_________________________
Date : Name :
Designation :
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(Ref : H-11)
We have verified the relevant record of M/s. ………………….. and arrived at the remittable
profit as under :
……………………………………. ………………..
……………………………………. ………………..
……………………………………. ………………..
We hereby certify that the entire remittable profit has been earned by M/s. …………………
by undertaking the permitted activities. We also confirm that the profit does not include any
profit on revaluation of the asset of the branch.
Place : Stamp
Date : …………………………..
Signature of Chartered Accountant
Name …………………………
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(Ref : H-12)
We have verified the relevant record of M/s. ………………….. and arrived at the remittable
profit as under :
……………………………………. ………………..
……………………………………. ………………..
……………………………………. ………………..
We hereby certify that the entire remittable profit has been earned by M/s. …………………
by undertaking the permitted activities.
Place : Stamp
Date : …………………………..
Signature of Chartered Accountant
Name …………………………
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Clients Declaration
(Ref H –23)
We hereby declare that the aggregate exchange facilities already of / to be availed of for
execution of the contract would be within overall ceiling of project related expenses viz. 70
percent of the contract value.
_________________________
Date : Name :
Designation :
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Clients Declaration
(Ref H –25)
We hereby confirm that we are not in the Reserve Bank’s caution list.
_________________________
Date : Name :
Designation :
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(Ref : H-27)
We have verified the books of account of M/s, ………. (name and address)……………. …………….. collecting
agent of M/s. …………. Name and address) …………… and hereby certify that :
Place : Stamp
Date : …………………………..
Signature of Chartered Accountant
Name …………………………
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(Ref : H-30)
We have verified the constitution of M/s, ………. (name and address)……………. ……………..
and confirm that the foreign equity holding of the company is not less than 51 percemt.
Place : Stamp
Date : …………………………..
Signature of Chartered Accountant
Name …………………………
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The Manager,
BNP Paribas,
………………
………………
Dear Sir,
Sub : Request for release of foreign exchange for private visit (BTQ)
Name :
Address :
Passport No. :
Place of visit :
Period of stay :
Date of Departure :
I undetake to utilise the foreign exchange for the above mentioned purpose.
You are requested to debit my a/c No. ……………………………………. and issue the forex
in the following
Denominations
I declare that I have not approached / will not approach any other Authorised Dealers for this
remittance.
I further declare that I have not exceeded USD 5000/ or its equivalent in this calendar year.
Relevant Form A2, Passport and Air Ticket is enclosed to enable you to do the needful.
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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES
Thanking you,
Yours faithfully,
(Applicant)
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