FC-GPR Form filing is an important regulatory filing for all Indian Companies who receive FDI (Foreign Direct Investment). It is a form which a company submits to RBI for reporting the issue of eligible instruments to the overseas investor against the FDI inflow.As per the FEMA act, any Indian Company that issues shares to foreign investors should report to the RBI regarding detailed transactions through FC-GPR form filings. Within 30 days from the share allotment, the company must file this form that ensures all the compliance with FEMA and RBI regulation. The FC-GPR form needs several details during the filing such as KYC details from the bank ,foreign investors details, investment amount, issuance date and many more. Filing the form accurately and timely is vital to avoid hefty penalties or any future delays. In this page, we will go through all the details that include FDI reporting requirements, FC-GPR requirements, stepwise procedure, penalties and due dates.
FDI Reporting is a lawful procedure for informing RBI (Reserve Bank of India) regarding any FDI (Foreign Direct Investment) obtained by an Indian Company. It is a mandatory compliance that is governed under the FEMA Act (Foreign Exchange Management Act) of 1999. Under this reporting the inflow of foreign funds and issuance of capital instruments to foreign investors must be reported by companies to the RBI. This reporting is generally submitted through a specific form that is Form FC-GPR that reports the issues of capital instruments. Accurate FDI reporting ensures that all the compliance is done with regulatory requirements and aids in boosting transparency in foreign transactions.
When an Indian company gets FDI through issue of shares/ convertible debentures/ convertible preference shares from investors, Form FC-GPR is required to be filled. FCGPR is also required in case of conversion of ECB into equity along with Form ECB-2. This form should be submitted to the RBI (Reserve Bank of India) on FIRMS (Foreign Investment Reporting and Management System) portal within 30 days of the allotment of shares/capital instruments. It is a vital compliances under the FEMA act that ensure accurate and proper documentations and regulation of outside investments into the Indian Companies.
The complete list of required documents and details for Form FC-GPR filing is given in below mentioned table:
Documents/Details | Descriptions |
---|---|
FIRC Copy | A FIRC (Foreign Inward Remittance Certificate) confirms the company's bank account has been credited with foreign investment.It issued by Authorized dealer ( AD ) bank |
KYC copy | KYC stands for Known Your Customer, verifies the foreign investor’s identity and address. It issued by Authorized dealer ( AD ) bank |
CS Certificate | Obtaining the Company Secretary's certificate confirms that the company has complied with all legal and regulatory requirements. |
Valuation Certificate | Valuation certificate is required to determine the issue price of capital instruments . Note :It is not required when FC GPR is filed just after incorporation for subscribing initial capital by frosty shareholders if the company |
Board Resolution for allotment of share’s copy | This document demonstrates that the company's directors have duly authorized the allotment of shares to foreign investors. |
Appointer | The appointer is related to the authorized signatory who handles the FC-GPR filing procedure of the basis of the company which is usually a company secretary or director. |
MoA | MoA stands for Memorandum of Association, is a lawful document that defines the business’s objective and purpose. |
Pricing Guidelines Declaration | A declaration that confirms compliance with RBI's share pricing guidelines. |
Letter of Debit Authorization | This letter authorizes the company to debit funds for fees and charges related to allotment and issuance of foreign shares. |
Declaration for Conversion of CCPS | A document detailing the process for converting compulsory convertible preference shares (CCPS) into equity shares, if applicable. |
Here, is the stepwise procedure for FC-GPR filing given below:
For first time filings, New Entity Users login needs to be created for the company first. In the new entity user basic company details like CIN no , authorized person email etc along with authority letter attachments goes. It is approved by the AD bank in 1-2 days.
Once an Entity user is created, login id and password comes on authorized person email . After this entity user form is filed with issue details and other company basic details . It is approved by AD bank in 2-3 days.
Once Entity master form is approved , new business user registration needs to be done .It is basically authorized person login to report the transactions for the entity that has authorized him during entity master registration.Further, at the time of registration, BU has to select the IFSC code of the bank which would approve the eKYC and the reporting would be made in SMF. In case the IFSC details are changed i.e BU wishes to submit the reporting to another branch or another bank, the entity being the same, he/she needs to repeat the registration process for Business users with the new IFSC code and obtain separate Login.
After BU submits the registration form, the same will have to be verified by the AD Bank Branch concerned. The approval/ rejection of the same would be communicated through email notification to the BU.Once approved login id and password comes through email. It generally takes 4-5 working days to get business user registration.
Once a business user is created , login to the firm's portal using id and password and reset default password.
Single Master form ( SMF ) is a master form which provides for the reporting of 9 forms for foreign investment viz., FC-GPR, FC-TRS, LLP-I, LLP-II, CN, DRR, ESOP, DI, InVi. Before FC-GPR form filing, you have to login into the Single Master Form (SMF) section via the FIRMS Portal. Basically this section is for reporting foreign investment. Click on a dropdown menu tab of Return type. Click on it and then select Form FC-GPR. Next, go with Add New Return. Here, the FC-GPR form will open where you need to provide all the required and necessary information related to the foreign investment such as types of transaction and related information. These are common investment details to all forms.
Here, You will get five tabs, fill all of them accordingly:
At the end, when all these aforementioned tabs are done, you have to save and submit the form to the RBI or save as Draft if you want more time to review it for later. Click Reset if you wish to reset all the information and start afresh, or Back if you wish to return to the dashboard without saving.
Approval or resubmission will be communicated by RBI via mail . In case of any query , forms need to be resubmitted with documents asked . If approved , fee and bank details will be shared by RBI and needs to be paid within 7 days of approval. No other acknowledgement will be shared from the RBI end.
There are no government fees required for Form FC-GPR Filing, but the professional fees may vary as per their expertise. At Bizfoc, We provide this service at a minimum rate of Rs.4,999 only, assuring the accurate compliance and effective reporting requirements.
If there is any delay to file FC-GPR (Foreign Currency-Gross Provisional Return) form, the company has to face penalties as per the FEMA guidelines. Late fee for FC-GPR (Foreign Currency-Gross Provisional Return) is calculated per return basis.
There is a penalty of Rs.7,500 per return . It is calculated at Rs 7500 + (0.025% × A × n) per month or part thereof, for late reporting.
As per the RBI’s circular, the maximum LSF amount cannot exceed the amount involved in the delayed reporting.
In case even Late submission fee is not paid within 3 years , Penal action under FEMA , 1999 will be taken.
Note:
a) “n” is the number of years of delay in submission rounded-upwards to the nearest month and expressed up to 2 decimal points.
b) “A” is the amount involved in the delayed reporting.
The time taken for Form FC-GPR filing basically depends upon the documentation and the transaction's complexities. If all the required documents are accurate and filled accurately, generally it will take 10 to 15 days. Furthermore, the timeframe may vary according to the specific situation and scenarios. Bizfoc ensures your filing process in just 15 days, that includes many steps that assure the accurate compliances such as documentation, preparation, verification and many more to complete the procedure more effortlessly.
Bizfoc provides a comprehensive professional guidance over FC-GPR filing that guarantees compliance with FEMA guidelines. Our service includes:
FDI Reporting (FC-GPR form filing) is vital for compliance with FEMA regulation. Bizfoc is here to make your FC-GPR process more seamless for you. Using our expert guidance, document preparation, and filing services, we ensure that your company avoids penalties and maintains a smooth relationship with regulators. Trust Bizfoc to manage your FC-GPR filing accurately, assuring you to focus on business growth while we take care of the compliance details.
FC-GPR stands for “Foreign Currency-Gross Provisional Return”, basically a form that Indian Companies should file for RBI reporting related to shares issued to Foreign Investors. It is an essential RBI compliance that comes under FEMA Act.
For timely filing there is no Government fee. Any fee to be paid is shared by RBI on mail after approval of FC GPR form. Fee is generally Rs 7500 for late submission of form.
The main purpose of FC-GPR filing is to report to the RBI regarding the issue of shares by any Indian Company from foreign Investors. It helps to ensure the compliances that come under the FEMA regulation and helps to track FDI (Foreign Direct Investment) inflows.
FDI stands for Foreign Direct Investment. When any foreign company invests in an Indian entity or company that acquires ownership or control known as FDI.
The authorization letter as in the User manual for SMF- FIRMS (hyperlink for authority letter) is to be used. Please attach the PAN card of the person making registration for Business User.
No, not necessarily directors to be authorized signatory for FCGPR Filings. Any person can be authorized by the director while creating an entity, as login through authority letter.
For Initial capital issue FIRC Copy, KYC Copy from AD bank, MOA, Board Resolution and authorisation are mandatory attachments. Valuation report and CS certificate is not mandatory required for initial capital issue.
Yes, Entity user is created first as a company entity master and after that business user login is created for a particular bank branch or bank. Once approved by a bank business users will be created and then FCGPR form can be filled under SMF.
Yes, entity master details can be modified by sending a request email to [email protected] and [email protected] and attaching a scan copy of the request letter from an authorized representative of the Company.
Some sectors are prohibited for FDI in India, such as lotteries, chit funds, gambling, real estate (apart from certain development) and tobacco manufacturing is restricted for private investment. This requires government approval for specific exceptions.