Eximkey - India Export Import Policy 2004 2013 Exim Policy
Form ODA

 

 

XV.

(a)

Whether the applicant company/its promoters, directors, have come under investigations by Enforcement Directorate/CBI/SEBI/other law enforcing agencies for violation of any law? If yes, the brief details thereof including present stage of investigation/adjudication/ manner of disposal of the case should be furnished.

 

 

 

 

(b)

Are the promoter company/ies presently under "Caution-List" of RBI for non-realisation of export proceeds ? If so, the present position may be indicated.

 

 

 

XVI.

Any other information relevant to this proposal.

 

DECLARATION

 

 

 

It is hereby certified that the information furnished above are true and correct. It is further certified that all the legal and other formalities in India and abroad including the requirement under the Companies Act, 1956 for the aforesaid overseas investment have been complied with/ completed. It is further confirmed that the amount of investment by way of equity, loan and 50% of guarantee as applied above and investments already approved by RBI under its fast track route and authorised dealers under the EEFC Fast Track window will not exceed US $ 15 mn.in a block of three years as per existing Exchange Control regulations.

 

Place

:

 

 

 

 

 

 

 

 

Date

:

 

 

 

 

 

 

 

 

 

 

 

(Signature of authorised official)

 

 

 

 

 

 

 

 

 

Name :

 

 

 

 

 

Designation :

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Stamp/Seal

 

 

 

 

 

 

 

 

 

 

 

List of enclosures :

 

 

 

1.

 

 

4.

 

2.

 

 

5.

 

3.

 

 

6.

 

 

ANNEXURE

Instructions for filling up the Form ODA

(This part should be detached and retained by the applicant)

1.

Please read carefully Chapter 9 (Part-A) of Exchange Control Manual (ECM) as amended from time to time and the "Guidelines for Indian Direct Investment in Joint Ventures and Wholly Owned Subsidiaries Abroad" notified by Government of India, Ministry of Commerce vide Notification No.4/1/93-EP(OI) dated 17th August 1995 read with subsequent Notifications dated 7th November 1996, 26th March 1997 and Notification No.4/3/97-EP(OI) dated 22nd August 1997 before filling up the form.

 

 

2.

The application should be complete in all respects and accompanied by all relevant documents as specified below. Please write `NA where not applicable. In respect of supplementary proposals involving extension of additional equity, loan or guarantee, the particulars furnished in the application in form ODA submitted earlier, need not be repeated; however, revised particulars, to the extent applicable, may only be indicated.

 

 

3.

All amounts, both in FC and INR, should be rounded off to the nearest thousand and the same should be indicated after omitting 000,e.g.,10,499 and 10,500 should be shown as 10 and 11 respectively.

 

 

4.

Wherever boxes are provided in items requiring date, the first two boxes are meant for the date, next two for the month and next four for the year.

 

 

5.

Additional sheets may be attached only if the space available against a particular item is insufficient.

 

 

6.

Applications must be submitted in three sets together with the following documents to the concerned authorised dealer maintaining the EEFC account of the applicant:-

 

 

 

 

(a)

A brief project/feasibility report incorporating, inter alia, projected Funds Flow Statements and Balance Sheets for five years, the information on various leverage & profitability ratios like debt-equity ratio, debt service coverage ratio, return on investments, etc. of the proposed foreign concern.

 

 

 

 

(b)

Statement from a Chartered Accountant verifying and certifying the ratios and profitability projections made in the project/feasibility report and the application.

 

 

 

 

(c)

If the application is made for partial/ full take over of an existing foreign concern, a Chartered Accountants Certificate regarding the fair value of shares of the overseas concern.

 

(d)

A copy of the resolution of the Board of Directors of the Indian promoter company approving the proposed investment.

 

 

 

 

(e)

Where investment is in the financial services sector (e.g. insurance, mutual fund, asset management, etc.)a certificate from a Chartered Accountant certifying that -

 

 

 

 

 

(i)

The networth of the company (paid-up capital + free reserves) is equal to/more than Rs. 15 crores.

 

 

 

 

 

 

(ii)

The company has made net profit in the immediately preceding three years.

 

 

 

 

 

 

(iii)

The company has fulfilled the prudential norms of capital adequacy ratio of 8% of the risk weighted assets.

 

 

 

 

 

 

(iv)

The company is registered with SEBI as Category I Merchant Banker or with the Reserve Bank of India as a Non-Banking Finance Company (NBFC).

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