APR Annual Performance Report (APR) on the functioning of Indian Joint Venture (JV)/Wholly Owned Subsidiary (WOS) abroad for the year ended (Accounting year of the JV//WOS) (Please read the instructions given in the An exure before filling up this form) PART A - GENERAL 1. RBI Approval Number/Date: 2. Ministry of Commerce (GOI) Approval Number/Date (if any): _____________________________ 3. Name and address of Indian (a) Name : Promoter Company(ies) (b) Address: (a) Name : 4. Name and address of the : (b) Address: JV/WOS 5. Date of (for the JV/WOS) 6. Name of the FC (a)Incorporation : Referred to in this form: ________________________________ (b)Commencement of operations : 7. (a)Line of activity :(i) Manufacturing (b) Brief details of the products of the JV/WOS (ii) Trading manufactured/ goods traded/services (please tick the (iii) Financial Services rendered by the JV/WOS: appropriate box) (iv) Non-financial services (v) Others (Code to be filled in by RBI) ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ PART - B FINANCIAL STRUCTURE Total amount approved Actual amount held 8. (a) Capital structure % of Of the JV/WOS: % of the the total total equity FC INR equity FC INR (i) Indian equity (ii) Foreign equity (b) Equity structure of the JV/WOS: Name of Indian Equity RBI holding Name of the foreign Country to Equity promoters percentage licence collaborators which they percentage (No. & date) belong (i) (ii) (iii) ( c) Method of acquiring equity Total amount approved Actual amount acquired/held shares by Indian promoters FC INR FC INR (i) Cash remittance (ii) Capitalisation of:- (I) Export of plant and machinery/ goods (II) Technical know- how fees (III) Royalty (IV) Engineering/ Technical services Fees (V) Consultancy/ Management fees (VI) Selling agency commission (iii) GDR/Foreign currency loans raised abroad (iv) Bonus shares (v) Other methods ( ) Please specify Total : 9. Position of term/working Total amount Outstanding Overdue amount capital loans/guarantees: approved amount Principal Interest Total (Amount only in FC) (a) Term loans from : (i) Indian promoters (ii) Banks/financial Institutions (Fis) (iii) Others ( ) Please specify (b) Working capital loans from : (please see Item `H' of the Annexure) : (i) Indian promoters (ii) Banks/FIs (iii) Others ( ) Please specify (c) Guarantees from : Total amount Total amount Date of Amount paid approved/extended invoked/claimed invocation so far (i) Indian promoters (ii) Banks/FIs (iii) Others ( ) Please specify 10. Amount of foreign exchange released to the Indian promoter company(ies) on repatriation basis for different purposes: (Amount only in FC) - (please see Item `I' of the Annexure) Sr. No. Purpose Date and amount Amount repatriated of remittance so far Date Amount 1. 2. 3. PART C - PERFORMANCE PARAMETERS 11. Operational details of the JV/WOS Amount Amount for the year under report (Amount only in FC) (a) Installed capacity* (i) Unit name (g) Tax (ii) Amount ('000 omitted) (h) Net profit (+)/Loss(-) (b) Capacity utilisation* (only %) (i) Dividend (c) Gross sales/receipts (j) Transfer to reserves (d) Operating cost (excluding (k) Free reserves & surplus depreciation & Interest) (e) Depreciation (l) Accumulated losses (f) Interest (m) Net worth * applicable to manufacturing concerns only 12. (a)Entitlements (E) & Repatriations (R) (net of taxes) by the JV/WOS: (Amount only in FC - INR equivalent to be given in brackets for repatriations only) (please see Item `I' of the Ann xure) Items Year under Since commencement of Total outstanding report business by JV/WOS entitlements due for repatriation (E) (R) (E) (R) (i) Dividend [ ] [ ] (ii) Technical know-how fees [ ] [ ] (iii) Royalty [ ] [ ] (iv) Engineering/Technical service [ ] [ ] fees (v) Consultancy/Management fees [ ] [ ] (vi) Selling agency commission [ ] [ ] (vii) Others ( ) [ ] [ ] Please specify Total : [ ] [ ] (b) Break-up of outstanding entitl ments (Amount only in FC) - (please see Item `J' of the Annexure) Accounting year for which outstanding Dividend Technical know-how fees Royalty Engineering/ Technical service fees Consultancy/ Management fees Selling agency commission Others ( ) Please specify - 13 Position of non-equity exports to the JV/WOS: (Amount only in INR) Year under report Since the commencement of business by JV / WOS (a) Projected value (b) Value actually exported so far (c) Value realised so far (d) Value outstanding for realisation beyond 6 months 14. If the performance of the JV/WOS has not been satisfactory, indicate the principal reason(s) by ticking ( ) the appropriate box(es): (a) Non-cooperation of foreign collaborator: (e) Management problems : (b) Liquidity problems : (f) Obsolescence of technology : (c) Competition from importers : (g) Marketing problems : (d) Change in Law/policy of host country: (h) Others ( ) : please specify 15. A note on the basic features of the progress and achievements of the JV/WOS on the basis of original/revised projections should be attached to this APR (please see Item `K' of the Annexure before preparing the note). DECLARATION We hereby declare that the information furnished in this report are true and correct to the best of our knowledge & belief. Place : Date : (Signature of authorised official / person) Name : Seal Stamp Designation : Encls : 1. Note on functioning of the JV/WOS 3. Bank certificates in respect of repatriations : 2. Annual account along with Directors 4. Report for the year ended ANNEXURE INSTRUCTIONS FOR FILLING OF THE APR (This portion should be detached and retained by the Indian promoter company submitting the APR) A (i) This form, duly filled in, should be submitted within 30 days of the expiry of the statutory period for the finalisat n f audited annual accounts applicable in the host country of the JV/WOS. A certificate indicating the statutory period from an independent Chartered Accountant / Public Accountant of the host country should be attached. (ii) In case, there is no such statutory period, this form should be submitted within 6 months from the close of relevant accounting period. (iii ) In case there are more than one Indian promoter company, the principal promoter company has to submit the APR on behalf of all other promoter companies. B. The Indian promoter company of the JV/WOS should submit this form in duplicate to the concerned Regional Offi of Exchange Control Department of Reserve Bank of India and another copy to Ministry of Commerce, EP(OI) Section, Government of India, Udyog Bhavan, New Delhi - 110 011. C (i) All amounts of Foreign Currency (FC) and Indian Rupee (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. (ii) Capital letters should be used for filling up this form. D. Additional sheets may be attached if the space available against a particular item is not sufficient. E. Equivalent INR in respect of FC should be given as on the date of actual conversion. F. Wherever boxes are provided in items requiring date, the firs two boxes are meant for the date, next two for the month and next four for the year. G. In respect of any item [excepting items 1,3(a) and 4(a)] if the contents have not undergone any change vis- -vis the last APR, then indicate "NO CHANGE" in the relative boxes/against the particular item. H. In item 9(b) if separate break up of overdue amount as principal and interest is not available then the total figure may only be indicated under "Total" column. I. In respect of all repatriations [c.f. Items 10 and 12(a)] supporting bank certificates (in form BCI) should be enclosed. If such certificates have already been submitting along with the Annual Return of Foreign Currency Shares or otherwise the reference thereof should be cited. J. The total of year-wise break-up of o tstanding entitlements given under Item 12(b) should tally with total outstandings as indicated under Item 12(a). K. The note as per Item 15 of the APR should include the following - (i) In case of non-satisfactory performance of the JV/WOS, the reasons cited at Item 14 should be briefly explained along with the necessary corrective steps taken/proposed to be taken to bring about a turnaround. (ii) The reasons for outstanding entitlements, if any, and the steps being taken to realise the same should be indicated. (iii ) The reasons for not meeting the target of non-equity exports, if any, and non-realisation of proceeds of such exports beyond 6 months, if any, should be explained. (iv ) The reasons for the overdue outstandings in term/working capital loan accounts, if any, and steps taken to square up the same should be furnished. The circumstances leading to invocation of guarantees and non-payment of claim, if any, should also be explained. (v) In respect of JV/WOS set up abroad for attracting foreign investment into India, information on the amount of foreign investment brought into India vis-a-vis the projections made in the application in Form ODI should be highlighted & reasons for shortfall should be explained. (vi ) Any special feature which is of importance to the functioning of the JV/WOS including information/developments relating to disinvestment (partial or full), liquidation, etc. and does not figure elsewhere in this APR should also be highlighted.
