RBI Asks Banks to File FDI Transactions Online from 8 Feb 2016

The Reserve Bank of India has today asked authorised dealers (AD) Category - I banks to mandatorily file, from February 8, 2016, forms Advanced Remittance Form (ARF), Foreign Collaboration General Permission Route(FC-GPR) and Foreign Collaboration Transfer of Shares (FC-TRS) only through online mode on e-Biz portal. Physical filing of these forms will be discontinued from February 8, 2016.

At present, the facility for online filing of ARF, FC-GPR and FC-TRS forms related to Foreign Direct Investment related transactions on Government’s e-Biz portal is available in addition to the option of physical filing of these forms. While launching the FC-TRS module on e-Biz portal on August 24, 2015, banks were informed that the facility of physical filing will be discontinued in three months. The decision to completely switch over to online filing of forms has been taken after assessing the readiness of AD Category - I banks to file these forms online.

[RBI Circular No. 40 dated 1^st February 2016]

Sub: Foreign Direct Investment –Reporting under FDI Scheme, Mandatory filing of form ARF, FCGPR and FCTRS on e-Biz platform and discontinuation of physical filing from February 8, 2016.

Attention of Authorised Dealers Category-I (AD Category - I) banks is invited to the provisions of the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations 2000, notified by the Reserve Bank vide Notification No. FEMA 20/2000-RB, dated 3rd May 2000, as amended from time to time. Attention of AD Category – I banks is also invited to A.P. (DIR Series) Circular No.102 dated February 11, 2014; A.P. (DIR Series) Circular No.6 dated July 18, 2014; A.P.(DIR Series) Circular no.77 dated February 12, 2015; A.P.(DIR Series) Circular No. 95 dated April 17, 2015 and A.P.(DIR Series) Circular No.9 August 21, 2015.

2. With a view to promoting the ease of reporting of transactions related to Foreign Direct Investment (FDI), the Reserve Bank of India, under the aegis of the e-Biz project of the Government of India has enabled online filing of the following returns with the Reserve Bank of India viz.

· Advance Remittance Form (ARF) which is used by the companies to report the FDI inflows to RBI;

· FCGPR Form which a company submits to RBI for reporting the issue of eligible instruments to the overseas investor against the above mentioned FDI inflow; and

· FCTRS Form which is submitted to RBI for transfer of securities between resident and person outside India.

3. At present both the options, i.e. online filing and physical filing of abovementioned forms, are available to the users.

4. Based on the experience it has been decided that beginning February 8, 2016 the physical filing of forms ARF, FCGPR and FC-TRS will be discontinued and forms submitted in online mode only through e-Biz portal will be accepted.

5. AD Category-I banks may bring the contents of this circular to the notice of their customers / constituents concerned. They are advised to extend necessary guidance/ assistance to their constituents for uploading the abovementioned forms on the e-Biz platform.

6. The directions contained in this circular have been issued under section 10(4) and 11(1) of the Foreign Exchange Management Act (FEMA), 1999 (42 of 1999) and are without prejudice to permissions / approvals, if any, required under any other law.