Compliance Guide For Foreign Investment In India Through Share Capital
Introduction Foreign investment is one of the key drivers of the economy in India. Foreign Institutional Investors, Foreign Portfolio Investors, Venture Capitalists as well as NRIs are allowed to hold shares in Indian businesses. All such foreign direct investment is subject to a few rules and regulations that all associated entities have to comply with. Let’s go through the steps needed to ensure adherence to all applicable laws.
Submit The Advance Reporting Form • The form needs to be filled with the RBI within 30 days of receiving the money for shares. • PAN and other basic details of the investee and investor are required. • The form must be filled manually on the central bank’s website.
Handling The Share Application Money • The money received in lieu of shares must be kept in a separate bank account. • The funds cannot be used unless shares have been issued to the investors. • Promoters and directors can be penalized for violating this condition.
Time-period For Allotment Of Shares • RBI states that shares must be allotted within 180 days of receiving the money. • The Ministry Of Corporate Affairs stipulates that stock must be issued within 60 days. • Convene a board meeting to allot stocks to the investors.
Filing The Foreign Investment Report • Submit the report through the Foreign Currency – General Purchase Register (FCGPR) form. • The report needs to be filed within 30 days from the date of issuing of shares. • The form is submitted to the RBI and contains information about the share capital investment.
Submitting Another Form With The MCA • Submit Form PAS-3 with MCA within 30 days of the allotment of the stock to the investors. • This document contains details about the capital and debt structure of the company. • The form must be signed by a chartered accountant or a company secretary.
Other Compliance Requirements • Issue the share certificate within 60 days of allotment of the stock. • Pay the stamp duty on the stocks according to the rate in your jurisdiction. • Make the entries about the funds in relevant account books.
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