Compliance Certificate Under FEMA Act
Compliance Certification for FCGPR, FCTRS, ECB & FLA Returns
Under the Foreign Exchange Management Act (FEMA), 1999, and the regulations issued by the Reserve Bank of India (RBI), companies involved in foreign investments and borrowings are required to ensure compliance with prescribed reporting and procedural requirements.
A Compliance Certificate issued by a Company Secretary acts as an attestation that the company has adhered to the applicable provisions of FEMA and RBI guidelines in relation to the following:
Foreign Currency Gross Provisional Receipt (FCGPR): Reporting of foreign investment received by the company through the issue of shares to foreign investors within the stipulated time frame and in accordance with FEMA regulations.
Foreign Currency Transfer Report Scheme (FCTRS): Reporting of share transfer transactions involving foreign investors, as per RBI requirements, including verification of necessary approvals and timely filings.
External Commercial Borrowings (ECB): Compliance with RBI guidelines governing external borrowings, including adherence to eligible lenders, permitted end-uses, pricing norms, and submission of periodic ECB 2 returns.
Foreign Liabilities and Assets (FLA) Return: Annual filing of statements disclosing the company’s foreign liabilities and assets, consistent with RBI’s prescribed formats and timelines.
The Compliance Certificate serves as a confirmation of due diligence and regulatory compliance related to foreign exchange transactions under FEMA. It is prepared based on verification of relevant records, filings, and documents maintained by the company.
Note: Issuance of such certificates is subject to thorough examination of the company’s records and adherence to applicable laws and regulations. This certificate is often required for regulatory submissions, audits, and due diligence purposes.