Reserve Bank of India has mandated all Indian Companies/LLPs, who have received foreign investment (directly or indirectly) to report the said investment in a specified format named as Entity Master Form (‘EM Form’) from June 28, 2018 to July 12, 2018. The said reporting is in addition to filing done in FCGPR or FCTRS, as the case may be.

The EM Form is available on  https://firms.rbi.org.in (‘FIRMS Portal’). Following key information is required in the EM Form

• Foreign investments received by the entity since the date of incorporation.
• Foreign investment made pursuant to acquisition of shares. 
• Foreign Portfolio Investments, irrespective of the mode of acquisition of capital instruments of the entity, i.e primary acquisition or secondary acquisition.
• Details of capital instruments shall be calculated on fully diluted basis, i.e total no. of shares that would be outstanding if all possible sources of conversion are exercised. It includes Equity shares, CCPS, CCDs, Share Warrants, ESOPs.

Note: RBI circular is silent as to the date as on which the information is required , accordingly it is advisable to provide the same as on the date of filing EM Form.

It is important to note that entities not complying with this reporting within the specified time-frame shall be debarred to receive foreign investments and will be non-compliant under the Foreign Exchange Management Act, 1999 and regulations made hereunder.