Saturday, July 30, 2011

Annual Return on Foreign Liabilities and Assets

Annex – I
Annex to A.P.(DIR Series) Circular No. 45
dated March 15, 2011

RESERVE BANK OF INDIA
Annual Return on Foreign Liabilities and Assets

INSTRUCTIONS

The Reserve Bank’s Co-ordinated Direct Investment Survey (CDIS) and Co-ordinated Portfolio Investment Survey (CPIS) are conducted under the auspices of the International Monetary Fund (IMF), wherein information is collected from Indian resident companies on their foreign financial liabilities and assets position as at end-March of the previous financial year (FY) as well as the end-December and end-March of the latest FY. This information is used in the compilation of India’s Balance of Payments (BoP), International Investment Position (IIP), Coordinated Direct Investment and Coordinated Portfolio Investment.
The completed return along with a copy of the reporting company’s Balance Sheet for the latest year should be sent by July 15 every year at the following address:
The Director
External Liabilities and Assets Statistics Division
Department of Statistics and Information Management (DSIM)
Reserve Bank of India
C 8, Bandra-Kurla Complex
Bandra (East)
Mumbai- 400 051

Confidentiality Clause: The company-wise information so provided will be kept confidential and only consolidated aggregates will be released by the Reserve Bank.


Guidelines for filling-in the Schedule:
1) Refer to the definitions given in Annex before filling-in the return.
2) If yours is a Group company, then please ensure that a consolidated return covering all the Branches/Offices in India is furnished.
3) All amounts should be reported as follows:
• Lakh of Indian rupees for Blocks 1 to 5 & Block 9
• Actual foreign currencies for Blocks 6 & 7
4) If any block is not sufficient to report all your data, additional sheets as per the respective block’s format may be enclosed.
5) It may be possible that all blocks of this schedule are not applicable to you. If there are no data to report in a block, please indicate “Nil” or “Not Applicable” depending upon the case.
6) In case balance sheet is not audited, kindly submit the information based on un-audited figures. The balance sheet may be forwarded in due course. After auditing, if there are major differences in the reported figures, revised return may be submitted along with a copy of balance sheet.
7) Balance Sheet for the reporting year of your company should be enclosed along with the return.

Methodology for valuation of foreign liabilities and foreign assets:
• Debt securities should be valued at market price, while all other types of debt, viz., loan, trade credit, deposits, other accounts payable/ receivable should be valued at nominal value.
• For the valuation of the outstanding investment, use the corresponding end-March/ end-December market price/exchange rate.
• For listed companies, the share price on the closing date of reporting period should be used for valuation of Equity.
• For unlisted companies, use the concept of "Own Funds at Book Value (OFBV)" for valuation of Equity, to have consistency in valuation. OFBV reflects the value of enterprise recorded in the book of Direct Investment Enterprise, which is the sum of (i) paid-up capital (excluding any shares on issue that the enterprise holds in itself and including share premium accounts); (ii) all types of reserves identified as equity in the enterprise's balance sheet (including investment grants when accounting guidelines considered them company reserves); and (iii) cumulated reinvested earnings (which may be negative), which would take into account charges for consumption of fixed capital.
Example:
Suppose company's paid up capital = Rs 250 lakh, with FDI 50 % (i.e. Rs 125 lakh)
Accumulated reinvested earnings = Rs 75 lakh
Revaluation of land & shares = Rs 159 lakh
Total = Rs 484 lakh
Therefore, Equity investment by foreign direct investor based on OFBV method is Rs 242 lakhs (50 per cent of Rs.484 lakh).


Before filling the return to the Reserve Bank of India, please check that:

• You have reported all the items of the return relevant to you and as per your records.
• You have signed and dated the schedule.
• All the Annexes, indicated by you, are attached with the return.
• You have enclosed a copy of balance sheet of your Company for the latest year along with the return.
• You have kept a copy of the filled-in schedule in your own records.

For any clarification, please contact:

Smt. Jolly Roy, Research Officer
or
Shri Rajesh Kavediya, Research Officer
External Liabilities and Assets Statistics Division
Department of Statistics and Information Management (DSIM)
Reserve Bank of India
C-8, 3rd floor, Bandra - Kurla Complex
Bandra (East)
MUMBAI - 400 051

Telephone No. : (022) 26571265 / 26578340 / 26578241
FAX No. : (022) 26571265 /26570848

e-mail : surveyfla@rbi.org.in; jroy@rbi.org.in; rkavediya@rbi.org.in


RESERVE BANK OF INDIA

Annual Return on Foreign Liabilities and Assets
(Return to be filed under A.P. (DIR Series) Circular No. A.P.(DIR Series) Circular No. 45 dated March 15, 2011
to the Department of Statistics and Information Management, RBI, Mumbai)

Please read the guidelines/definitions carefully before filing-in the Return

Section I: Identification Particulars
For RBI’s use

1. Name and Address of the Indian Company





City: Pin:

¬¬¬¬¬¬¬State:_______________________________________________



2. Income-Tax allotted PAN Number of Company:

3. Registration No given by the Registrar of Companies:

4. Name of the CONTACT PERSON : _____________________________DESIGNATION:____________________

Tel.No. (with STD code): _______________________Fax:_______________e-mail:________________________

3. Account closing date: (dd/mm/yy)________________ Web-site (if any):___________________________

4. In case of change in Company Name and\or activity, specify the old and new Company Name and activity:

Old Company Name :________________________________New Company Name _________________________
Effective Date ______________________________
Old Activity:________________________________ New Activity _________________________

5. Nature of Business: Please tick (  ) the appropriate group of activity to which your principal line of business pertains and also mention, if possible, the NIC code in the bracket.

Industry Revenue (%) Industry Revenue (%) Industry Revenue (%) Industry Revenue (%)
1. Power
( ) 2. Electrical & Electronics
( ) 3. Non - financial services
( ) 4. Financial Services
( )
5.Telecom
( ) 6. Hotels & Tourism
( ) 7. Metallurgical Industry & Mining
( ) 8. Food Processing Industry
( )
9. Transportation
( ) 10. Petroleum & Natural Gas
( ) 11. Chemicals (other than fertilizers)
( ) 12. Construction
( )
13. Software and ITES/BPO
( ) 14. Pharmaceutical
( ) 15. Other
( )

For RBI’s use (Industry Code)


Yes No
7. Whether your company is listed in India [please tick (  )]?

Yes No
8. Whether your company has any Foreign Collaboration?
If yes, please indicate whether it is (please tick the appropriate one)

(a) Technical collaboration (b) Financial collaboration (foreign equity participation) (c) Both

Block 1A : Total Paid up Capital of Indian Company

Item End-March of previous FY End-March current FY
Number of Shares Amount in ` lakh Number of Shares Amount in ` lakh
1.0 Total Paid-up Capital [(i)+(ii)]
(i) Ordinary/Equity Share
(ii) Preference Share [(a)+(b)]
(a) Participating
(b) Non-participating
2.0 Non-resident Equity Holdings
1 Individuals
2 Companies
3 FIIs
4 FVCIs
5 Foreign Trusts
6 Private Equity Funds
7 Pension/ Provident Funds
8 Sovereign Wealth Fund (SWF)§
9 Partnership/ Proprietorship firms
10 Financial Institutions
11 NRIs/PIO
12 Others (please specify)
Note: FY: Financial Year

Block 1B : Free Reserves & Surplus and Retained Profit

Item Amount in ` lakh as at the end – March of
Previous FY Current FY
3.1 Free Reserves & Surplus as at the end of
Amount in ` lakh
During Previous FY During Current FY
3.2 Profit (+) / Loss (-) after tax
3.3 Dividend Declared (excluding tax on dividend)
3.4 Retained Profit / loss ( 3.4 = 3.2 -3.3)

Section II

FOREIGN LIABILITIES
2. Investments made under Foreign Direct Investment (FDI) scheme in India:
In case of listed companies, equity should be valued using share price on closing date of reference period, while in case of unlisted companies, Own Fund of Book Value (OFBV) Method should be used
(see the attached guidelines for details)

Block 2A: Foreign Direct Investment in India (10% or more Equity Participation)

[Please furnish here the outstanding investments made under the FDI Scheme in India by Non-resident Direct investors, who were individually holding 10 per cent or more ordinary/equity shares of your company on the reporting date]
If this block is Non-NIL, then please give the Name & Addresses of your subsidiary in India, if any, in BLOCK 9.

Name of the non-resident Company/ Individual
Type of Capital
Country of non-resident investor Equity holding (%) Amount in ` lakh as at the end of
March Previous FY December Current FY March Current FY
1.0 Equity Capital (1.0 = 1.2-1.1)
1.1 Claims on Direct Investor
1.2 Liabilities to Direct Investor
2.0 Other Capital(2.0 = 2.2-2.1)
2.1 Claims on Direct Investor
2.2 Liabilities to Direct Investor
3.0 Disinvestments in India during the year
Note: (i) if investor is a company, then country is the country of incorporation;
(ii) Please use different sheet using same format to report different non-resident company/individual.


Block 2B: Foreign Direct Investment in India (Less than 10% Equity Holding)

[Please furnish here the outstanding investments made under the FDI Scheme in India by Non-resident Direct investors, who were individually holding less than 10 per cent ordinary/ equity shares of your company on the reporting date]

Name of the non-resident Company/ Individual
Type of Capital
Country of non-resident investor Equity holding (%) Amount in ` lakh as at the end of
March Previous FY December Current FY March Current FY
1.0 Equity Capital (1.0 = 1.2-1.1)
1.1 Claims on Direct Investor
1.2 Liabilities to Direct Investor
2.0 Other Capital(2.0 = 2.2-2.1)
2.1 Claims on Direct Investor
2.2 Liabilities to Direct Investor
3.0 Disinvestments in India during the year
Note: (i) if investor is a company, then country is the country of incorporation;
(ii) Please use different sheet using same format to report different non-resident company/individual.

3. Portfolio and Other Liabilities to Non-residents (i.e. position with unrelated parties)

Block 3A: Portfolio Investment
Please furnish here the outstanding investments by non-resident investors made under the Portfolio Investment Scheme in India. In case of listed companies, equity should be valued using share price on closing date of reference period, while in case of unlisted companies, Own Fund of Book Value (OFBV) Method should be used. (see the attached guidelines for details)
Portfolio Investment Country of non-resident investor Amount in ` lakh as at the end of
March Previous FY March Current FY
1.0 Equity Securities
2.0 Debt Securities(2.0 = 2.1+2.2)
2.1 Bonds and Notes (original maturity more than 1year)
2.2 Money Market Instruments (original maturity upto1year)
3.0 Disinvestments in India during the year
Note: Data pertaining to each type of investment are to be reported consolidating the information country wise. If more countries are involved to report the data for the particular type(s) of investment, it should be reported in the same format using additional sheets separately for each country.

Block 3B: Financial Derivatives (with non-resident entities only)
Please furnish here the outstanding foreign liabilities on account of financial derivatives contract entered into with non-residents.
Financial Derivatives Country of non-resident investor Amount in ` lakh as at the end of
March Previous FY March Current FY
(i) Notional Value
(ii) Mark to market value
Note: If more countries are involved to report the data for the particular type(s) of investment, it should be reported in the same format using additional sheets separately for each country.

Block 3C: Other Investments:
This is a residual category that includes all financial outstanding not considered as direct investment or portfolio investment (outstanding liabilities with Unrelated Parties)

Other Investment Country of non-resident lender Amount in ` lakh as at the end of
March Previous FY March Current FY
4.0 Trade Credit (4.0 = 4.1+4.2)
4.1 Short Term (4.1= 4.1.1+4.1.2)
4.1.1. Up to 6 Months
4.1.2. 6 Months to 1 Year
4.2. Long Term
5.0 Loans (5.0 = 5.1+5.2)
5.1 Short Term
5.2 Long Term
6.0 Other Liabilities (6.0 = 6.1+6.2)
6.1 Short Term (Up to 1 yr.)
6.2 Long Term
Note: (i) Data pertaining to each type of investment are to be reported consolidating the information country wise. If more countries are involved to report the data for the particular type(s) of investment, it should be reported in the same format using additional sheets separately for each country.
(ii) At item 5.0, loan should include the ECB loan other than those taken from non-resident parent company. ECB loan taken from parent company abroad should be shown under Other Capital of Block 2A.
Section –III

FOREIGN ASSETS

1. Please use the exchange rate as at end-March/end-December (as applicable) of reporting year while reporting the foreign assets in ` lakh.
2. In case, the overseas company is listed, equity should be valued using share price on closing date of reference period, while in case of unlisted company, use Own Fund of Book Value (OFBV) method for valuation of equity (see the attached guidelines for details)

Block 4: Direct Investment Abroad under Overseas Direct Investment Scheme

Block 4A: Direct Investment Abroad (10 % or more Equity holding)
[Please furnish here your outstanding investments in Non-resident enterprises [Direct Investment Enterprises (DIE)], made under the Overseas Direct Investment Scheme, in each of which your company hold 10 per cent or more Equity shares on the reporting date]. If this block is Non-NIL, then please furnish the information in BLOCK 6.

Name of the non-resident Direct Investment Enterprise (DIE)
Type of Capital
Country of non-resident DIE Equity holding (%) Amount in ` lakh as at the end of
March Previous FY December Current FY March Current FY
1.0 Equity Capital (1.0 = 1.1-1.2)
1.1 Claims on Direct Investment Enterprise
1.2 Liabilities to Direct Investment Enterprise
2.0 Other Capital(2.0 = 2.1-2.2)
2.1 Claims on Direct Investment Enterprise
2.2 Liabilities to Direct Investment Enterprise
3.0 Disinvestments made abroad during the year
Note: Please use separate sheets in the above format to report for separate DIEs

Block 4B: Foreign Direct Investment Abroad (Less than 10 % Equity holding)
[Please furnish here your outstanding investments in non-resident enterprises (Direct Investment Enterprises DIE), made under the Overseas Direct Investment Scheme, in each of which your company holds less than 10 per cent Equity shares on the reporting date].

Name of the non-resident enterprises
Type of Capital
Country of non-resident enterprises Amount in ` lakh as at the end of
March Previous FY December Current FY March Current FY
1.0 Equity Capital (1.0 = 1.1-1.2)
1.1 Claims on non-resident Enterprise abroad
1.2 Liabilities to non-resident Enterprise abroad
2.0 Other Capital (2.0 = 2.1-2.2)
2.1 Claims on non-resident Enterprise abroad
2.2 Liabilities to non-resident Enterprise abroad
3.0 Disinvestments made abroad during the year
Note: Please use separate sheets in the above format to report different non-resident fellow enterprises.

Portfolio and Other Assets Abroad (i.e., position with unrelated parties)

Block 5A: Portfolio Investment Abroad
1. Please furnish here the outstanding investments in non-resident enterprises, other than those made under Overseas Direct Investment Scheme in India (i.e., other than those reported in Block 4A & 4B).
2. In case overseas companies are listed, equity should be valued using share price on closing date of reference period, while in case of unlisted companies, use Own Fund of Book Value Method (OFBV) (see the attached guidelines for details)
Portfolio Investment Country of non-resident enterprise Amount in ` lakh as at the end of
March Previous FY December Current FY March Current FY
1.0 Equity Securities
2.0 Debt Securities (2.0=2.1+2.2)
2.1 Bonds and Notes (original maturity more than 1year)
2.2 Money Market Instruments (original maturity up to 1year)
3.0 Disinvestments Abroad during the year
Note: Data pertaining to each type of investment are to be reported consolidating the information country wise. If particular type(s) of investment spreads over more than one country, it should be reported in the above format using separate additional sheet for each country.

Block 5B: Financial Derivatives (with non-resident entities only)
Please furnish here the outstanding claims on non-residents on account of financial derivatives contract entered into with Non-residents.
Financial Derivatives Country of non-resident enterprise Amount in ` lakh as at the end of
March Previous FY March Current FY
(i) Notional Value
(ii) Mark to market value
Note: If particular type(s) of investment spreads over more than one country, it should be reported in the above format using separate additional sheet for each country.

Block 5C: Other Investment (Outstanding claims on Unrelated Parties):
This is a residual category that includes all financial outstanding claims not considered as direct investment or portfolio investment.
Other Investment
Country of non-resident enterprise Amount in ` lakh as at the end of
March Previous FY March Current FY
4.0 Trade Credit (4.0=4.1+4.2)
4.1 Short Term (4.1=4.1.1+4.1.2)
4.1.1. Up to 6 Months
4.1.2. 6 Months to 1 Year
4.2 Long Term
5.0 Loans (5.0=5.1+5.2)
5.1 Short Term (Up to 1 year)
5.2 Long Term
6.0 Other Assets (6.0=6.1+6.2)
6.1 Currency & Deposits
6.2 Others
Note: (i) Data pertaining to each type of investment are to be reported consolidating the information country wise. If particular type(s) of investment spreads over more than one country, it should be reported in the above format using separate additional sheet for each country.

Block 6: Equity Capital, Free Reserves & Surplus of Direct Investment Enterprise Abroad

[Please report here the total equity, the equity held by your company and the total free reserves & surplus of those non-resident enterprises in each of which your company held 10 per cent or more shares on the reporting date].
If this block is Non-NIL then please make sure that you have provided the relevant information in BLOCK 4A.


Name of the DIE
Item
Currency Amount in Foreign Currency as at the end of (in actual)
March Previous FY March Current FY
(1) (2) (3) (4) (5)
1. Total Equity of DIE
2. Equity of DIE held by you
3. Free Reserves & Surplus of DIE
4. Dividend Received by you during the year
5. Amount of your Profit retained by DIE during the year
Note: If your company is a Direct Investor in more than one DIE, the data should be provided in the same format in respect of each such DIE using additional sheets.


Block 7: Contingent Foreign Liabilities
[Please report here the relevant details about the contingent foreign liabilities of your company]

Description of Contingent Liability Country Currency# Amount in Foreign Currency as at the end of (in actual)
March Previous FY March Current FY
(1) (2) (3) (4) (5)




Note: # Currency of denomination of the contingent foreign liability should be mentioned in Col. 3. Refer to the details on Contingent liabilities given in Annex.



Block 8: Employee Information of reporting Indian company
As at the end-March of
Previous FY Current FY
No. of Employees on Payroll








BLOCK 9: Name(s) & Address (es) of your subsidiary in India


Sr. Nos.

Name of Subsidiary in India* Your Equity holding in subsidiary
%

Address Retained profit/ loss of your subsidiary in India during the current FY
(Amount in ` lakh )






Certificate

We hereby certify that all the facts and figures furnished in this schedule reflect the accurate position of the company and reported after understanding all the items of all the blocks of the schedule.

Place :
Signature and Name of the Authorised person
Date :

Seal/Stamp of the Company

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