RBI Compliance for Foreign Subsidiary

RBI Compliance for Foreign Subsidiary

A company where 50% or more of its equity shares are owned by a foreign company is a foreign subsidiary company. The foreign company in such case is called the holding company or the parent company.

Compliances are based on the company that is incorporated. Hence, it is necessary to understand what compliances are supposed to be met according to the type of the company, the operations of the industry, annual turnover, number of employees, etc.

POST INCORPORATION RBI/ FEMA COMPLIANCES

After incorporating a Wholly Owned Subsidiary Company in India or any Company who receive foreign money as share application money, should report to RBI (Reserve Bank of India) to get its FEMA Compliance updated.

S.No.

Types of Compliances

Compliance Particular

Time Period

1

Opening of Bank Account

The Money received from Foreign Subscribers shall be deposited in bank account

within 30 days of issue of Shares

2

Receipt of Subscription Money

Receipt of inward remittance through banking Channels. The recepient Bank shall issue Foreign remittance Certificate

within 30 days of issue of Shares

3

Entity User Registration

Registration of entity user on FIRMS application with following attachment:-
1. Letter of Authorization for creation of Entiry User.

within 30 days of issue of Shares

4

Entity Master Registration

Registration of Entity Master in FIRMS application of RBI

within 30 days of issue of Shares

5

Business User Registration

Registration of Business user on FIRMS application with following attachment:-
1. Letter of Authorization for filing in FIRMS application

within 30 days of issue of Shares

6

FC-GPR

Reporting of FC-GPR in Single Master form along with following attachment:-
1. Board resolution for issue of Share Certificate
2. Certificate of Company Secretary regarding receipt of foreign remittance
3. Undertaking to Comply with FDI Policy
4. Inward remittance certificate of Bank
5. Detail of remittance received
6. Declaration Regarding Not Accepting FDI from OCB
7. Board resolution for Compliance of FDI
8. Undertaking from Company Secretary regarding FC-GPR
9. KYC of foreign subscriber
10. Declaration to be filed by Authorised representative of Indian Company
11. Memorandum of Association

within 30 days of issue of Shares

 

 

 

Created & Posted by Pooja

Income Tax Expert at TAXAJ

 

TAXAJ is a consortium of CA, CS, Advocates & Professionals from specific fields to provide you a One Stop Solution for all your Business, Financial, Taxation & Legal Matters under One Roof. Some of them are: Launch Your Start-Up Company/BusinessTrademark & Brand RegistrationDigital MarketingE-Stamp Paper OnlineClosure of BusinessLegal ServicesPayroll Services, etc. For any further queries related to this or anything else visit TAXAJ

 

Watch all the Informational Videos here: YouTube Channel

 

TAXAJ Corporate Services LLP

Address: 1/11, 1st Floor, Sulahkul Vihar, Old Palam Road, Dwarka, Delhi-110078

Contact: 8961228919 ; 8802812345 | E-Mail: connect@taxaj.com

 



    • Related Articles

    • What is a Foreign Subsidiary & its Compliances

      What is a Foreign Subsidiary Company? A foreign subsidiary company is any company, where 50% or more of its equity shares are owned by a company that is incorporated in another foreign nation. The said foreign company in such a case is called the ...
    • how to consolidate foreign subsidiary

      Consolidation of Financial Statements – A Move to Greater Transparency, The Government of India, in its endeavour to enforce and raise compliance standards, has legislated the Companies Act, 2013, the much-required code for corporates in India in ...
    • Procedure for incorporation of foreign subsidiary in india

      Procedure for Incorporation of Foreign Subsidiary / WOS Whenever anyone incorporates a Company in India as ‘Subsidiary” or “Wholly-owned Subsidiary (WOS)” of a Company incorporated outside India. Many questions came into notice like: (i) What are the ...
    • Fema compliances for foreign subsidiary

      FEMA (Foreign Exchange Management Act, 1999) has acted as a catalyst for the growth and development of various sectors in India. The main aim of FEMA is to facilitate external trade, balance the payments, promote orderly development, and maintain the ...
    • Consolidation of Foreign Subsidiary

      Businesses today are not bound by national boundaries - many of these businesses do not only operate across borders, but also own subsidiaries in different countries. This, however, has implications on their accounting consolidation. Dealing with ...