Explain the reporting requirements in respect of External Commercial Borrowings.
CS Executive · Capital Markets & Securities Laws · PYQS · December 2019
Explain the reporting requirements in respect of External Commercial Borrowings.
Answer & Explanation:
Borrowings under External Commercial Borrowings Framework are subject to following reporting requirements: Loan Registration Number (LRN): Any draw-down in respect of an ECB as well as payment of any fees / charges for raising an ECB should happen only after obtaining the LRN from RBI. To obtain the LRN, borrowers are required to submit duly certified Form 83, which also contains terms and conditions of the ECB, in duplicate to the designated AD Category I bank. In turn, the AD Category I bank will forward one copy to the Director, Balance of Payments Statistics Division, Department of Statistics and Information Management (DSIM), Reserve Bank of India. Copies of loan agreement for raising ECB are not required to be submitted to the Reserve Bank. Changes in terms and conditions of ECB: Changes in ECB parameters in consonance with the ECB norms, including reduced repayment by mutual agreement between the lender and borrower, should be reported to the DSIM through revised Form ECB at the earliest, in any case not later than 7 days from the changes effected. While submitting revised Form ECB the changes should be specifically mentioned in the communication. Reporting of actual transactions: The borrowers are required to report actual ECB transactions through ECB 2 Return through the AD Category I bank on monthly basis so as to reach DSIM within seven working days from the close of the month to which it relates. Changes, if any, in ECB parameters should also be incorporated in ECB 2 Return. Late Submission Fee (LSF) for delay in reporting: Any borrower, who is otherwise in compliance of ECB guidelines, can regularize the delay in reporting of drawdown of ECB proceeds before obtaining LRN or delay in submission of Form ECB 2 returns, by payment of late submission fees as under: Type of Return/Form Period of delay Applicable LSF Form ECB 2 Up to 30 calendar days from due date of submission ₹ 5,000 Form ECB 2/ Form ECB Up to three years from due date of submission / date of drawdown ₹ 50,000 per year Form ECB 2/ Form ECB Beyond three years from due date of submission / date of drawdown ₹ 100,000 per year Non-payment of LSF will be treated as contravention of reporting provision and shall be subject to compounding or adjudication as provided in FEMA 1999 or regulations/rules framed thereunder. Reporting on account of conversion of ECB into equity: In case of partial or full conversion of ECB into equity, the reporting to the RBI will be as under: For partial conversion, the converted portion is to be reported to the concerned Regional Office of the Foreign Exchange Department of RBI in Form FC-GPR prescribed for reporting of FDI flows, while monthly reporting to DSIM in ECB 2 Return will be with suitable remarks 'ECB partially converted to equity'. For full conversion, the entire portion is to be reported in Form FC-GPR, while reporting to DSIM in ECB 2 Return should be done with remarks 'ECB fully converted to equity'. Subsequent filing of ECB 2 Return is not required. For conversion of ECB into equity in phases, reporting through ECB 2 Return will also be in phases.
Topics: External Commercial Borrowings (ECB)
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