Stay FEMA compliant

File Your form FC-TRS

Do you wish to transfer of shares between residents and non-residents and vice- versa is to be done in Form FC-TRS? Does your Company wish to allot shares to foreigners? Under Fema Compliance, filing Form FC-TRS within 60 days is mandatory. File yours with Ebizfiling at INR 24999/- only.

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What is Form FC-TRS?

All you need to know about form FC-TRS under Single Master Form of RBI

In literal meaning, FC-TRS stands for Foreign Currency Transfer. It is a form issued by RBI under Foreign Exchange Management Act,1999. 

 

Whenever any transfer of shares takes place between a resident and a non-resident, the resident individual or entity has to report the transaction to RBI by filing of Form FC-TRS. 

 

The reporting of Form FC-TRS should be done within a period of 60 (Sixty) days from the date of receiving the money.

 

Transactions for Which form FC-TRS needs to be filed:

 

FC-TRS to be filed for the following transactions

  1. To report transfer of capital instruments
  • From a person resident outside India holding such capital instruments on repatriable basis to a person resident outside India holding such capital Instruments on a non-repatriable basis.
  • From a person resident outside India holding such capital instruments on a repatriable basis to a person resident in India.
  1. Buy back of shares pursuant to a scheme of merger / demerger / amalgamation of Indian Companies approved by National Company Law Tribunal.

 

Note: Transfer of capital instruments by way of sale by a person resident outside India holding such instruments on a non-repatriable basis to a person resident in India is not required to be reported in form FC-TRS.

 

An entity will be considered non-compliant under FEMA, if it does not comply with the SMF filing procedure for filing of Form FC-TRS set out under the SMF Manual, or does not enter the relevant details in the EMF, or enters the details in the EMF without stating a plausible reason for the delay. In any one of these cases, the Indian entity will not be able to receive foreign investment, including indirect foreign investment.

 

Related Post: How to file RBI Form FC-TRS?

 

The Article that might be helpful to you: The Procedure for filing of form FC-GPR.

 

Ebizfiling.com is a motivated and progressive concept conceived by like minded people, which helps small, medium and large businesses including Indian Subsidiary to fulfil complex compliance. Apart from FC-TRS filing services, we also provide services for FC-GPR filing, Startup advisory, and management consultancy services to clients in India and abroad. You may get in touch with our compliance manager on 09643203209 or email info@ebizfiling.com. requirements of Indian Laws.

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ESSENTIAL

24999/-

(All Inclusive)

  • Filing of FC-TRS
  • Issue of CA Certificate
  • Issue of CS Certificate

List of documents to be submitted along with Form FC-TRS

For transfer by way of sale

 

  • Transfer agreement
  • Valuation Certificate
  • Non-resident declaration
  • Acknowledgement of FC-GPR/ FC-TRS as applicable
  • FIRC /Outward remittance certificate and KYC

For Transfer by way of Gift

 

  • Relevant regulatory approvals, wherever applicable, to be attached as “other attachment”.
  • Consent letter between donor and donee for the transfer to be attached as other attachment.
  • Non-resident declaration to be attached as “other attachments”.

Procedure / Process for Filing Form FC-TRS online

 

5 Easy Steps

1

Fill in simple Checklist

2

Details of the Transactions

3

Details of shareholding pattern

4

Verification of documents

5

Form FC-TRS filed

Fill in the simple checklist

A Compliance Manager will get in touch with you to obtain your documents along with a simple checklist. You need to fill up that checklist and submit along with your documents for processing. Our team of experts will verify the documents provided by you. After that our team will take the procedure further.

FC-TRS filing Preparation

Once our expert team completes the verification process of your documents and details, the team will proceed with the Form FC-TRS filing formalities. All throughout the filing process, your dedicated Compliance Manager will keep you updated on the progress of filing of form FC-TRS. We will file the RBI form FC-TRS online.

RBI Form FC-TRS filing- final process

To start with the filing procedure of Fc-TRS form, we will register you as a business user on an online portal and then We will finally proceed to file the form online. After filling in all the details carefully, we will submit the form and we will notify you after the successful submission of the form FC-TRS.

FAQs_Ebizfiling

FAQs on Form FC-TRS

Get answers to all your queries

  • What is the time limit for filing Form FC-TRS?

    The form FC-TRS shall be filed with the Authorised Dealer bank within sixty days of transfer of capital instruments or receipt/ remittance of funds whichever is earlier.

  • What is the procedure for reporting of transfer of shares?

    Reporting of transfer of shares between residents and non-residents and vice- versa is to be done in Form FC-TRS (Section-4). The Form FC-TRS should be submitted to the AD Category-I bank, within 60 days from the date of receipt of the amount of consideration. For more information.

  • Whom should I contact first with respect to Business User registration and forms filed in SMF?

    Contact your Authorised Dealer Bank first. Business User registrations and forms filed in SMF are processed at AD level.

  • I have registered as an Entity user but cannot see option for filing Single Master Form (SMF)?

    For filing in SMF, one has to register as a Business User, which is separate from Entity User.

  • What are the main points should i remember before filing form FC-TRS?

    Following are the main points one should remember before filing FC-TRS:

    1. The onus of filing form FC-TRS lies on the transferor/transferee whosoever is resident in India.
    2. The transferor/transferee/consultant filing the form needs to register itself with e-biz portal before filing it.
    3. It is mandatory to attach the consent letter of both buyer and seller with form.
    4. Valuation of shares to be transferred must be as per FDI norms. (Detailed below)
    5. Sectoral limits applicable on the company must be taken care of before transferring shares.
  • What Securities are considered under FDI?

    Following three Securities are considered under FDI:

    1. Equity Shares.
    2. Convertible Preference shares.
    3. Convertible Debentures.
  • Can I file Form FC-TRS online by myself?

    Yes, Form FC-TRS can be filed online by anyone. However Considering the complex work and compliance of the same is a difficult process, it is not easy to comply with all the laws correctly and within time, and therefore it is always advisable to seek the help of experts to manage such compliances.

  • Is there any Statutory Fees for filing FC-TRS?

    There is no upfront (like MCA portal) statutory fees for filing FC-TRS. on online portal, but AD Bank may charge for processing FC-TRS. The processing fees may vary from Bank to Bank. The bank may ask for an authorisation from Applicant in order to deduct the bank charges from account.

  • Still have Confusion?

    Don’t worry! Our experts are here to help you. Get in touch with our team for easy filing of SMF form FC-TRS. Write to us at info@ebizzfiling.com or call us @+91 9643 203 209.

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