FDI Filing with the Reserve Bank of India (RBI) – Strategic Legal Support by Nd SalvaWhen an Indian company receives Foreign Direct Investment (FDI) and issues shares or other securities to a foreign investor, it triggers mandatory reporting obligations under the regulatory framework governed by the Foreign Exchange Management Act (FEMA), 1999. At Nd Salva, we provide end-to-end legal assistance to ensure your business remains fully compliant with the Reserve Bank of India’s (RBI) FDI filing requirements. From documentation to final submission on the FIRMS Portal, our corporate law team ensures your filings are prompt, accurate, and penalty-free. What is FDI Filing with RBI?FDI Filing refers to the statutory obligation of reporting foreign investments received by an Indian company. This includes: Equity shares Compulsorily Convertible Preference Shares (CCPS) Compulsorily Convertible Debentures (CCDs) Warrants or partly-paid shares
These filings must be reported to the RBI through Form FC-GPR (Foreign Currency-Gross Provisional Return) via the FIRMS Portal, within 30 days of share allotment. Objective of FDI ReportingEnsure compliance with the FDI Policy and FEMA regulations. Enable RBI and relevant government bodies to monitor foreign capital inflows. Maintain a transparent, rule-based system for foreign investment in India.
Applicable Legal FrameworkForeign Exchange Management Act (FEMA), 1999 Foreign Exchange Management (Non-Debt Instruments) Rules, 2019 FDI Policy issued by the Department for Promotion of Industry and Internal Trade (DPIIT)
Routes of Foreign InvestmentFDI into India can occur through two primary channels: 1. Automatic RouteNo prior approval is required from RBI or Government of India. 2. Government RoutePrior approval from the relevant ministry or department is mandatory. Form FC-GPR – When and Why?Form FC-GPR is required when: A new company is incorporated with non-resident shareholders and receives share subscription money. Additional shares are issued to foreign investors under FDI.
Timelines to Remember: | Transaction Type | Reporting Deadline |
|---|
| Receipt of FDI | Within 30 days | | Allotment of shares | Within 60 days from receipt | | Filing of Form FC-GPR | Within 30 days of allotment |
Documents Required for FC-GPR FilingKYC Report of the foreign investor (from AD Bank) Declaration by authorised company representative Valuation Report from Chartered Accountant or SEBI-registered Merchant Banker Board Resolution approving the allotment List of Allottees CS Certificate confirming compliance with Companies Act and FEMA Declaration of pricing guidelines FIPB Approval, if applicable Letter of Debit Authorisation Supporting reasons in case of late filing Foreign Inward Remittance Certificate (FIRC)
Penalties for Non-ComplianceDelayed or non-filing of Form FC-GPR attracts monetary penalties under FEMA: 1% of the total investment (Min ?5,000 – Max ?5 lakhs per month) After 6 months: 2% penalty per month Additional regulatory scrutiny or disqualification from further FDI
Note: Penalties are calculated monthly and must be paid through designated RBI accounts. Step-by-Step FDI Filing Process (Form FC-GPR)1. Obtain AD CodeFrom an RBI-authorised bank acting as the intermediary. 2. Register on FIRMS PortalCreate an Entity Master with company details like CIN, PAN, TAN, etc. 3. Business User RegistrationAppoint authorised personnel to file reports on behalf of the company. 4. Prepare FC-GPR FormInclude complete investment details, sectoral caps, pricing methodology, and supporting documents. 5. Sign and CertifyDigitally sign the form and obtain verification from: 6. Submit Form OnlineVia the FIRMS portal within 30 days of share allotment. 7. Acknowledgement and Compliance CheckOnce submitted, an acknowledgment number is generated. The AD bank or RBI may seek further clarification. 8. Post-Filing Follow-upTrack application status, resolve queries, and secure final compliance confirmation. Why Choose Nd Salva for FDI Compliance?At Nd Salva, we provide a comprehensive legal solution to simplify your FDI compliance process: Regulatory ExpertiseOur corporate legal team brings in-depth knowledge of FEMA, RBI, and Companies Act regulations. Seamless DocumentationWe manage everything from valuation reports and CS certificates to board resolutions and AD bank coordination. Timely SubmissionWe ensure compliance within statutory deadlines, preventing penalties and regulatory hassles. Strategic AdvisoryWe assist in selecting the right FDI route (Automatic or Government) and provide legal guidance on sectoral caps and entry conditions. End-to-End Legal ComplianceFrom incorporation and FDI to ongoing regulatory filings, Nd Salva is your trusted long-term legal partner. Need to File Form FC-GPR? Let’s Get Started.Ensure flawless compliance and secure your FDI reporting with precision. Contact Nd Salva Advocates & Legal Consultants for tailored assistance in navigating your FDI obligations with the RBI. |