Form-83 -Reporting of loan agreement details under Foreign Exchange Management Act, 1999

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Form-83
(Reporting of loan agreement details under Foreign Exchange Management Act, 1999)
To be submitted in duplicate by the borrower to designated Authorised Dealer (AD) for all categories and any amount of external commercial borrowing (ECB). After examining conformity with the extant ECB guidelines, the AD may provide requisite details in Part F of the Form and forward one copy (within 7 days from the date of signing loan agreement between borrower and lender) for allotment of Loan Registration Number (LRN) to:
The Director
Balance of Payments Statistics Division
Department of Statistics and Information Management (DSIM)
Reserve Bank of India
C-8-9 Bandra-Kurla Complex


Mumbai – 400 051
Agreement Details (To be filled by borrowers of External Commercial Borrowings)
ECB under (Tick one) >>
Approval Route
Automatic Route
In case of Approval Route
No. and Date of RBI-FED approval:
(attach copy of approval letter)
Loan Key Number (allotted by RBI)
Earlier Loan Registration No. (Applicable only for Revised Form-83)
Part A: Borrower details
Borrower Category (Tick one)
Public Sector
Private Sector
Detailed Category (Tick one)
Corporate - Manufacturing
Corporate - Infrastructure
Corporate –Service Sector - (Hotels, Hospitals and Software)
Corporate – Service Sector – (Other than Hotels, Hospitals and Software)
Bank
Financial Institution (other than NBFC)
NBFC- IFC
Reg. No.
NBFC- MFI
Reg. No.
NBFC- Others
Reg. No.
Non-Government Organization (NGO)
Micro Finance Institution (MFI)
Name and address of the Borrower (in BLOCK letters)
Registration Number given by
the Registrar of Companies:
PAN Number of Company:
Business Activity:
Contact Official’s Name:
Designation:
Phone No. :
Fax No. :
E-mail ID :
(No item should be left blank)
Others (Specify)
Part B: Lender details
Lender Category (Tick one)
Multilateral Financial Institution
Foreign Government (Bilateral Agency)
Export Credit Agency
Indian Commercial Bank branch abroad
Other Commercial Bank
Supplier of Equipment
Leasing Company
Foreign Collaborator / Foreign Equity Holder
International Capital Market
Regional Financial Institution
Government Owned Development Financial Institution
Name and address of the lender/ lessor /foreign supplier (in BLOCK letters)
Country:
E-mail ID :
(No item should be left blank)
Others (Specify)
Details of foreign equity holding of the lender in the borrower company:
(a) Share in paid-up equity of the borrower (%)
(b) Amount of paid-up capital
ECB-Liability: equity ratio in case of borrowings above USD 5 million from foreign equity holder :
Part C: Loan Details
Loan Agreement Date (YYYY/MM/DD)
/
/
Effective Date of the Loan
/
/
Last Date of Disbursement
/
/
Maturity Date (Last payment date)
/
/
Grace Period (if in agreement)
Years
Months
Currency Name
1.
2.
3.
Currency Code (SWIFT)
Amount (in Foreign Currency)
1.
2.
3.
Equivalent Amount (in US Dollars)
(as on date of this form)
Proposed Bifurcation of the amount
Foreign Currency Expenditure
Rupee Expenditure
(in loan currency)
Hedging details (Tick one)
Currency Swap
Interest Rate Swap
Others
Unhedged
In case options are provided in the loan agreement (tick in the appropriate box)
Call Option
___ per cent of Debt
Can be executed after date
/
/
Put Option
___ per cent of Debt
Can be executed after date
/
/
Name and address of the Guarantor (in Block letters)
Contact Official’s Name:
Designation :
Phone No.: Fax No.: E-mail id:
Guarantee Status Code (as per Box 1):
Borrowing Purpose Code (as per Box 2):
(In case of multiple purpose, give break up of amount to be utilised under each purpose as Annex)
Project Details:
If import, specify the Country of import (if more than one country, attach details as Annex):
Economic Sector/ Industry Code (See Box-3)
Type of ECB (Tick in appropriate box)
1.Buyers’ Credit
2.Commercial Loan / Syndicated Loan
(attach sheet for percentage distribution among lenders)
3.Suppliers’ Credit
4.Export Credit from Bilateral Sources
5.Line of Credit
6.Securitised Instruments (Bonds, CP, FRN, etc.)
7.Financial Lease
8.FCCB, FCEB, Non-Convertible Preference Shares, Optionally Convertible Preference Shares, Partially Convertible Preference Shares
9.Refinancing of old ECBs
LRN of the old ECB: Approval No. Date of Approval:
Amount refinanced: Reason:
10.Others (Specify)
Interest Payment Schedule
First Payment Date
/
/
No.of payments per year
Fixed Rate
Floating Rate
Base with currency
Margin
Cap Rate
Floor Rate
Drawdown Schedule
If more than one equal installment#
Tranche No.
Date*
(YYYY-MM-DD)
Currency
Amount
Total No. of drawals
No. of drawals in a calendar year
* 1. In case of import of goods or services, date of import is to be furnished against date of drawdown.
2. In case of financial lease, date of acquisition (import) of the goods is to be mentioned as date of drawdown.
3. In case securitised instruments, date of issue has to be shown as date of drawdown.
4. In case of more than one equal drawdown transactions are shown in a row, the first date of transaction should be mentioned.
# If drawdown is in unequal installments, details should be given in Annex.
Principal Repayment Schedule
If more than one equal installments #
Date
(YYYY-MM-DD)
Currency
Amount
Total No. of payments
No. of payments in a calendar year
# If repayment is in unequal instalments, details should be given in Annex.
Part D: Other Charges
Specify Nature of charge
Expected Date of Payment
Currency
In case of multiple equal payments
Amount
No. of payments in a year


Total number of payments
Penal Interest for late payments
Fixed % or Base: Margin:
Commitment Charges
% per annum of: % of Undrawn Amount:
Part E: Details of ECB already availed (not applicable for the first-time borrower)
Amount of Loan Year Loan Reg.No. (LRN) Currency Principal (as per agreement) Disbursed so far Net outstanding (Principal)
We hereby certify that the particulars given above are true and correct to the best of our knowledge and belief and no material information has been withheld and/or misrepresented. Furthermore, the ECB is in compliance with the extant ECB guidelines.
Place: __________ ___________________________________________________
(Signature of the Authorised Official of the Company)
Date: ___________ Stamp Name: ______________________ Designation:______________
Place:_____________ ___________________________________________________
(Signature of Company Secretary/ Chartered Accountant)
Date:_______________ Stamp Name: _________________________________________
Registration No.:______________________________
Part F: [To be filled-in by the Authorised Dealer] We have scrutinized the related documents and confirm the following: Tick one Permissible under Automatic Route Approved by Foreign Exchange Department, RBI under Approval Route
1 End-use
(give % share if more than one end-use)
(i)
(ii)
(iii) Years Months
2 Average Maturity Floating Rate Loan Cost Factors (%) Fixed Rate Loan Margin (spread) over base Base
a) Interest Rate
3
b) All-in-cost
4
In case of loan from ‘Foreign Equity Holder’, it is confirmed that:
a) Direct equity holding of lender is at least 25per cent of the paid-up equity
(as per FCGPR taken on record by RBI / FCTRS return taken on record)
b) Including the proposed borrowing, the “ECB Liability – Equity Ratio” (4:1) criteria is satisfied for borrowings of more than US $ 5 million
5
Borrower has given written undertaking to AD to the effect that it has been submitting ECB-2 Returns regularly to RBI in respect of past ECB/FCCB loans)
Yes /
Not Applicable
6
Other important facts relevant for the allotment of LRN
We certify that the borrower is our customer and the particulars given in this Form are true and correct to the best of our knowledge and belief. This application complies with the extant ECB guidelines and we recommend it for allotment of Loan Registration Number (LRN) by RBI.
Place: __________ Stamp __________________________________________________
(Signature of the Authorised Official)
Date: ___________ Name: ________________ Designation:__________________
Name of the bank/ branch _____________________________
AD Code (Part I and Part II):___________________________
Tel,No.:___________________Fax No.___________________
e-mail ID: __________________________________________
For RBI (DSIM) Use only
Received on
Action Taken on
Loan Classification
CS-DRMS Team
LRN (if allotted)
Instructions for Submitting Form 83
1. All dates should be in the format YYYY/MM/DD (e.g., 2012/01/21 for January 21, 2012).
2. No item should be left blank. In case, any item is not applicable, write ‘N.A.’ against it.
3. If space is not sufficient for giving full details against any item, separate sheet(s) may be attached to the Form and serially numbered as Annex. Each such Annex should be certified by both the borrower and AD.
4. The borrower should give a brief description of his business activity (whether in manufacturing/ trade/ provide services etc.) for the AD’s use.
5. Before forwarding the Form to the Reserve Bank of India, AD must ensure that the form is complete in all respects and scrutinise all the related original documents at its end. Incomplete Forms are liable to be rejected/returned by RBI to AD.
6. Firms/ companies obtaining sub-loans through DFIs/ FIs/ banks/ NBFCs etc. should not complete this form but approach the concerned financial institutions directly for reporting.
7. Following codes are for use in filling Part C of the Form:
Box 1: Guarantee Status Code
Box II: Borrowing Purpose Code
Sr.No.
Code
Description
Sr.No.
Code
Description
1
GG
Govt. of India guarantee
1
IC
Import of capital goods
2
CG
Public Sector guarantee
2
RL
Local sourcing of capital goods (Rupee expenditure)
3
PB
Public Sector Bank guarantee
3
SL
On-lending or sub-lending
4
FI
Financial Institution guarantee
4
RF
Refinancing of earlier ECB
5
MB
Multilateral/ Bilateral Institution guarantee
5
NP
New Project
6
PG
Private Bank guarantee
6
ME
Modernisation/Expansion of existing units
7
PS
Private Sector guarantee
7
PW
Power
8
MS
Mortgage of assets/ security
8
TL
Telecommunication
9
OG
Other guarantee
9
RW
Railways
10
NN
Not guaranteed
10
RD
Roads
11
PT
Ports
12
IS
Industrial Parks
13
UI
Urban infrastructure
14
OI
Overseas investment in JV/ WOS
15
DI
PSU Disinvestment
16
TS
Textile/Steel Restructuring Package
17
MF
Micro Finance activity
18
OT
Others (specify)
19
ER
Mining, Exploration and Refining
20
CS
Cold storage or cold room facility
21
CI
Interest during construction
22
RR
Refinancing of rupee loans
23
RB
Redemption of FCCBs
Box 3: Industry Code
Industry group name
Industry description
Code
Plantations (100)
Tea
111
Coffee
112
Rubber
113
Others
119
Mining (200)
Coal
211
Metal
212
Others
219
Petroleum & petroleum products manufacturing
300
Agricultural products (400)
Food
411
Beverages
412
Sugar
413
Cigarettes & Tobacco
414
Breweries & distilleries
415
Others
419
Textile products (420)
Cotton textile
421
Jute & coir goods
422
Silk & rayon
423
Other textile
429
Transport equipment (430)
Automobiles
431
Auto accessories & parts
432
Ship building equipments & stores
433
Railway equipment & stores
434
Others
439


Machinery & tools (440)
Textile machinery
441
Agricultural machinery
442
Machine tools
443
Others
449
Metal & metal products (450)
Ferrous (iron & steel)
451
Non-ferrous
452
Special alloys
453
Others
459
Electrical goods
461
Electrical electronic goods & machinery (460)
Cables
462
Computer hardware & computer based systems
463
Electronic valves, tubes & others
464
Others
469
Chemicals & Allied products (470)
Fertilizers
471
Dyes & dyes stuff
472
Medicines & pharmaceuticals
473
Paints & varnishing
474
Soaps, detergents, shampoos, shaving product
475
Others
479
Others of manufacturing (480)
Cement
481
Other Building Materials
482
Leather and leather products
483
Wood products
484
Rubber goods
485
Paper & paper products
486
Typewriters & other office equipment
487
Printing & publishing
488
Miscellaneous
489
Trading
500
Construction & turn-key projects
600
Transport
700
Utilities (800)
Power generation, transmission & distribution
811
Others
812
Banking sector
888
Services (900)
Telecommunication services
911
Software development services
912
Technical engineering & consultancy services
913
Tours & travels services
914
Cold storage, canning & warehousing services
915
Media advertising & entertainment services
916
Financial services
917
Transport services
919
Others
950
Others (not elsewhere classified)

 

 The above information is a part of Export Import Online Tutorial

 

Click below to download this form in pdf format:

 

 

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