Eligible Companies
/ Entities to Submit the FLA Return
Q 1. Which
entities are required to submit the FLA Return?
Ans: The annual
return on Foreign Liabilities and Assets (FLA) is required to be submitted by
the following entities which have received FDI (foreign direct investment)
and/or made FDI abroad (i.e. overseas investment) in the previous year(s)
including the current year i.e. who holds foreign assets or/and liabilities in
their balance sheets;
·
A Company within the meaning of
section 1(4) of the Companies Act, 2013.
·
A Limited Liability Partnership
(LLP) registered under the Limited Liability Partnership Act, 2008
Q.2 How does the company report data and
submit the FLA return to the RBI?
Ans: All the steps, one by one for
online web-based reporting of annual return on FLA, are provided in user
manuals. Entity should read
(a) User manual on “FLA User Registration
Form” and
(b) User manual on reporting of “Annual
Return on FLA” for all sections for step by step procedure for filling the FLA
return.
FAQs Related to “FLA User Registration Form”
Q 3. Where
can company / LLP / Others get the format of Annual Return on Foreign
Liabilities and Assets (FLA Return)?
Ans: The format is available on https://flair.rbi.org.in However, the format and email-based
reporting system has been replaced by the web-based formats for submission of
annual FLA return from June 2019 (i.e., reporting from the 2018-19
round of FLA). In this web-based reporting system of FLA, entities first need
to create business-user through “Entity-User Registration form”.
Q 4. What is
the system requirement at entity’s side for filling the FLA Return through
web-based online portal?
Ans: One needs to have access to the URL https://flair.rbi.org.in, any of internet explorer, google chrome, firefox etc.
would support this application.
Q 5. How should the company register itself in the system?
Ans: First, go to Uniform Resource Locator (URL) of the application, that
is https://flair.rbi.org.in. Then click on “Registration Form
for New Entity User”.
Q 6. Where would I receive login credentials for entity-user?
Ans: Login credentials would be received on the
registered email-id. (the email-id which the user has provided in FLA Registration Form
under authorized person’s details)
Q 7. I have registered as an entity-user
but not yet received password to log-in the system.
Ans: Please check your email inbox and check junk mail folder.
Q 8. What should I do If registration login page/ FLA online form will be
hang and couldn’t enter the details?
Ans: If you do not enter any information for 15 minutes, it will hang your
session. Refresh the
page. If a message tells you that your
session has timed out, simply log in again to continue.
Q 9. What if I do not receive my OTP / OTP gets delayed while filing the FLA
form?
Ans: Wait for sometimes or retry for OTP.
Q 10. I entered the wrong password several (5) times and now I cannot login
the FLA webpage, what should I do?
Ans: Click ‘Forgot Password’ Menu. Enter the
details i.e. user name, registered email ID, valid captcha code. Password will
be generated and same will be forwarded to the registered email ID. User should
change the default password. If user is unable to reset password, then he/she
can mail to RBI.
Q 11. If current user left the company, what should I do for deactivate the
user?
Ans: Company needs to mail to RBI (surveyfla@rbi.org.in) for deactivating the user
and again register the new user.
FAQs related to Verification letter and Authority letter are already
explained in User manual for “FLA User Registration Form”.
FAQs Related to Section I
Q 12. I am not able to furnish information in Identification Details “Name of
the Indian Company”, “PAN Number”, “CIN
Number” and “Email (Head of institution)”?
Ans: In Section – I, above fields (item 1, 2 and 3) get automatically
filled, once entity user created successfully. You need not enter those fields
(as those items are already filled in “User Registration Form”)
Q 13. Where can we find the detailed description of NIC-2008 code (item-6)?
Ans: In the FLA Return, industry codes are given as per the National
Industrial Classification (NIC) -2008 codes. The details on NIC-2008 codes can
be accessed through the following link, https://udyogaadhaar.gov.in/UA/Document/nic_2008_17apr09.pdf.
Q 14. If an entity has more than one activity during the year, then which NIC
code should be reported by company (item-6)?
Ans: Entity can select that activity, from which,
they have earned major revenue.
Q 15. If an entity has only Outward Investment and no inward FDI, then what
should we select in Identification of the reporting company (in terms of inward
investment) under Section I (Item 9)?
Ans: Option ‘Others’ can be selected in respect of Identification of the
reporting company under Section I.
Q 16. What is the meaning of Technical Foreign Collaboration (item-11)?
Ans: Indian company which has entered into an
agreement with a foreign entity in terms of technology transfer, know-how
transfer, use of patent, brand name etc, then such type of agreements are
treated as Foreign Technical Collaboration (FTC). If Indian reporting company
has such type of FTC during the reporting period, then they should select ‘Yes’
against the item 11 under Section I of the FLA return.
FAQs Related to Section II
Q 17. Whether, in Section II- Item 2.3, the Non-Resident Equity and participating
Preference Shares Capital holding (%) is being calculated with respect to Item
1.0 (Total Paid-up capital) or Item 1.1 (Total Equity and participating
Preference Shares Capital)?
Ans: Since Non-Participating share capital is a type of debt investment and
is part of Item 1.0, Non-Resident Equity and participating Preference Shares
Capital holding (%) is calculated with respect to item 1.1 (of Section II) and
not 1.0.
Q 18 In the
Section II Block 2 of FLA form, what should I take for convertible preference
share?
Ans.: Fully diluted preference share
Q 19. Where should we report the premium on issue of Equity Share Capital?
Ans: Premium on issue of Equity Share Capital is a
part of Reserve, which should be reported under the item 4.1 of 1C- Reserves
and Surplus, (in Section II).
Q 20. What should we include in 5. Sales and Purchase (in Section II)?
Ans: In these fields, you are required to provide the information relating
to all purchases (including capital and revenue of goods and services)/ sales
made domestically as well as foreign during the reference period (April -
March).
The detailed information to be furnished in
5. Sales and Purchase are as follows:
a. All expenses/sales shown in profit and
loss account to be taken as total purchases/total sale.
b. Both goods and services are to be
included.
c. All foreign purchases/ sales i.e. imports
and exports, should be captured from P& L Account.
FAQs
Related to Section III
Q 21. What is meant by “Month and Year of receiving FDI first time in our
Company/LLP/Others”?
Ans: Entities are required to provide the month and year of receiving FDI
first time irrespective of number of investors reported.
Q 22. What is “Edit / View / Delete FDI” details in section III, item no. 1.b
FDI and 2.b DI?
Ans: While filing section III, in 1.b / 2.b, non-resident investor details
/ non-resident investor countries’ details will be displayed as pre-filled (for
the companies which have reported FLA-2018) and by clicking on Edit/Delete
button companies will be able to modify the non-resident investor details
(companies will be able to choose to add new investor/ delete existing
investors). For new companies (which has
not reported FLA-2018), those details related to non-resident investors has to
be entered by company.
Q 23. In Section III Block 1 of
FLA form, which will be the date of first receipt of FDI received?
Ans: Take Settlement date/allotment date
Q 24. What is
meant by “Disinvestments in India during the year” /
“Disinvestments abroad during the year”?
Ans: Any
disinvestments made by non-resident direct investor of the reporting Indian
company during the year should be reported in section III item 3.0 (all
blocks). Likewise, any disinvestment made by the reporting Indian company in
its DIE abroad during the year should be reported in section IV item 3.0 (all
blocks).
Q 25. Where should we report the non-participating preference share issued to
non-resident?
Ans: Non-participating preference shares are
treated as debt securities. (a) If the Non-participating preference shares are
held by foreign investor who is also holding equity shares of Indian reporting
company, then Non-participating preference share should be reported at item 2.1
of 1.b FDI and 2.b DI in Section III (depending upon the % equity &
participating preference share held by foreign investor) at nominal value.
Q 26. Where should we report Fully/Partially/Non-convertible debentures issued
to the non-residents in FLA Return?
Ans: Fully/Partially/Non-convertible debentures are
treated as debt securities. (a) If the debentures (of any type) are held by
foreign investor, the amount should be reported at item 2.1 of 1.b FDI and 2.b
DI in Section III (depending upon the % equity plus participating preference
share held by foreign investor) at nominal value.
Q 27. What treatment should be given to share application money received from non-resident
investor?
Ans: If the share application money is received
from the existing non-resident shareholder, then the outstanding share
application money should be reported at item 2.1 of 1.b FDI and 2.b DI in
Section III, depending upon per cent of equity plus participating preference
share holding by non-resident investor.
Q 28. On validating section III of the FLA Return we are getting the error
message regarding mismatch of non-resident equity and participating preference
share holding (%) between Section III and Section II. How should we resolve the
error??
Ans: Non-resident equity holding per cent (%) is
calculated for current year at item 2.3 under Section II. Ensure that the sum
of Non-resident equity holding per cent (%) reported under 1.b FDI, 2.b DI and
3 (for current year) of Section III must be equal to value given at item 2.3 (for
current year) of Section II.
Q 29. What constitute in the Equity Securities under portfolio Investment (3.
of Section III)?
Ans: Please furnish here the outstanding equity
investments (secondary / stock market investment) by non-resident investors,
other than those made under Foreign Direct Investment Scheme in India (i.e.
other than those reported in 1.b FDI and 2.b DI of section III).
Q 30. What constitute in the Debt Securities under portfolio Investment?
Ans: Following items are included in Debt
Securities:
(a)
Money Market Instruments and Bonds & Other instruments are invested by
non-resident investors, (other than those are reported in 1.b FDI and 2.b DI of
section III)
(b)
Non-participating preference shares and debentures are held by foreign investor
who is not holding equity share, then the same should be reported at item 2.2
of 3. In section III (Bonds & Notes) at nominal value.
Q 31 In case of 4. Other Investment
(section III), it is written that outstanding liabilities with foreign
unrelated parties to be given. Please clarify what transactions are to be
reported under the same?
Ans: All financial outstanding liabilities (Trade
Credit, Loans, Currency & Deposits, and other receivable & payable
accounts) with foreign unrelated Parties should be reported here. Any domestic
liabilities (even if it is in foreign currency) should not be reported in the
FLA return.
Further,
if the share application money is received from foreign investor who does not
hold equity shares of Indian reporting company as on reference date, then
outstanding share application money should be disclosed under this point 4. Other
Investment in Other receivable and payable accounts.
Q 32: Will EEFC account with Bank come
under 4. Other Investment of section III (Currency and Deposits)?
Ans: EEFC account with Bank is not creating any external
Assets and Liabilities. Therefore, it will not come under this field.
Q 33. Whether, any assets or liabilities
for Indian party (i.e. domestic assets and liabilities) are to be included in
the FLA Return?
Ans: Any
domestic liabilities or assets (even if it is in foreign currency) should not
be reported in the FLA return.
FAQs Related to Section IV
Q 34. What exactly is the meaning of 1.b ODI in Section IV under Foreign
assets?
Ans: 1.b ODI of Section IV on foreign assets captures the information on
financial details of Overseas Company in which your company’s equity holding is
10 per cent or more.
Q 35. If the overseas subsidiaries/ joint venture company’s accounting period
is different from the reference/reporting period (i.e. April-March) in the
Return, then what information should we furnished in Section IV?
Ans: Companies are required to furnish the
information on outstanding external liabilities and assets as on end-March of
previous and latest year. In case if the accounting period of overseas
subsidiaries/ joint venture of Indian reporting company is different from the
reference period, then the information for end-March should be given on
internal assessment basis.
Q 36. What is “Edit / View / Delete ODI” details in section IV, item no. 1.b
ODI and 2.b DI?
Ans: While filing section IV, in 1.b / 2.b, DIE details / DIE countries’
details will be displayed as pre-filled (for the companies which have reported
FLA-2018) and by clicking on Edit/Delete button companies will be able to
modify the DIE details (companies will be able to choose to add new DIE/ delete
existing investors). For new companies
(which has not reported FLA-2018), those details related to DIE has to be
entered by company.
Q 37. What information should we report in item 3.7, item 3.7.1, item 3.8,
item 3.8.1 in section IV?
Ans: You are required to provide here, the
information of Direct Investment Enterprises (DIE) abroad relating to all
purchases (including capital and revenue of goods and services)/ sales made
domestically as well as foreign during the reference period (April - March).
The
detail information to be furnished in item 3.7, item 3.7.1, item 3.8 and item 3.8.1 is as given below:
a.
All expenses/sales of DIE abroad shown in profit and loss account to be taken
as total purchases/total sale.
b.
Both goods and services of DIE abroad are to be included.
c.
All foreign purchases/ sales of DIE abroad i.e. imports and exports, should be
captured from P& L Account
Q 38. In case where overseas company (DIE) is unlisted, how can we calculate
the market value of overseas equity investment using OFBV method under 1.b ODI
of Section IV?
Ans: For valuation of overseas equity investment OFBV Method should be
used, as explained below:
OFBV Method:
Market value of equity capital held by you at
OFBV for unlisted companies
= (Net worth of the DIE) * (% of equity held
by you) Where,
Net worth of the DIE = Paid up Equity &
Participating Preference share capital of company +Reserves & Surplus -
Accumulated losses (which is automatically calculated in item 3.5 in 1.b ODI).
As per 1.b ODI of section IV the formula is
given below:
Item 1.1 Claims on Direct Investment
Enterprise = (Item 3.3/ Item 3.2) * (Item 3.5* Item 3.6) /100000 for reference
period Where, Item 3.2, Item 3.3, Item 3.5 and Item 3.6 are extracted from 1.b
ODI.
Q 39. How will we do the valuation of the equity capital for listed DIE?
Ans: If the overseas company is listed then closing
share price as on reference period, i.e. end-March of previous and latest year
should be used for valuation of equity investment.
Q 40. What constitute in the Equity Securities under 3. Portfolio Investment
Abroad in section IV?
Ans: Please furnish here the outstanding equity
investments (foreign stock market investment) by reporting company, other than
those made under Foreign Direct Investment Abroad (i.e. other than those
reported in 1.b ODI
and 2.b DI of section IV).
Q 41. What constitute in the Debt Securities under Portfolio Investment Abroad,
section IV?
Ans: Money Market Instruments and Bonds & Other
instruments are invested by reporting company (other than those reported in 1.b ODI and 2.b DI of section IV) are included in the Debt Securities under Portfolio Investment
Abroad.
Q 42. In case of 4. Other Investments (section IV), it is written that
outstanding claims on foreign unrelated parties to be given. Please clarify
what transactions are to be reported under the same?
Ans: All financial outstanding assets (Trade
Credit, Loans, Currency & Deposits, and other receivable & payable
accounts) with foreign unrelated Parties should be reported here. Any domestic assets
should not be reported here.
Ans: You will receive the system-generated acknowledgement of FLA data
submitted by you at the time of final submission itself. No separate mail will
be sent in this regard.
