Domestic Loan Checklist:

S. No. Parameter Condition

1. Capacity Memorandum and Articles of the Borrower

2. Authorisation · Necessary board, committee and other corporate resolutions of the Borrower, as applicable under Companies Act,
2013:
(i) approving the terms of the transaction and documents;
(ii) authorising specified person or persons to execute the documents on behalf of the Borrower; and
(iii) authorising a specified person or persons, on its behalf, to sign and/or despatch all documents and
notices to be signed and/or despatched by it under or in connection with the documents/transaction to which it is
a party set out in (a) above to which it is a party,
(iv) certified by an Authorised Signatory of the Borrower.
· Resolution of the shareholders of the Borrower passed in a general meeting under and in accordance with Section
180(1)(c) of the Companies Act, 2013.

3. Signatory A specimen of the signature of each person authorised by the resolution

4. Borrowing Statutory Auditor/CA would not cause any borrowing or similar limit binding on the Borrower to be exceeded
limits

5. NOC No objection certificate under Section 281 of the Income Tax Act, 1961
 6. Approvals · Sector-specific approval of any regulatory, statutory or other authorities, as applicable
· Contract-specific approvals from counterparties, as applicable

7. Mortgage · Restrictions under Transfer of Property Act, 1882 regarding equitable mortgage – location-specific
· Registration of mortgage deed
· Form CHG-1

8. Hypothecation Form CHG-1

9. Share Pledge · 30% cap under Banking Regulation Act, 1949

· Annexure W (demat)
· Form CHG-1

10. Financials Audited financials and solvency statement from Statutory Auditor/CA

11. Stamp duty As applicable – location-specific

ECB Checklist:

S. No. Parameter Condition

1 Currency · Any freely convertible Foreign Currency

.
· Indian Rupee (INR)

2 Eligible All entities eligible to receive FDI.

. Borrower
3 Recognised Resident of FATF or IOSCO compliant country
. Lender

4 Minimum · General: 3 years

. Average
· Specific categories:
Maturity Period
(MAMP) Sr. Category MAMP
No
.

(a) ECB raised by manufacturing companies up to USD 50 million or its 1 year

equivalent per financial year.

(b) ECB raised from foreign equity holder for working capital purposes, 5 years
general corporate purposes or for repayment of Rupee loans

1 ECB raised for 10 years

(c
) (i) working capital purposes or general corporate purposes
(ii) on-lending by NBFCs for working capital purposes or general
corporate purposes

(d) ECB raised for 7 years

(i) repayment of Rupee loans availed domestically for capital
expenditure
(ii) on-lending by NBFCs for the same purpose
 (e) ECB raised for 10 years
(i) repayment of Rupee loans availed domestically for purposes other
than capital expenditure
(ii) on-lending by NBFCs for the same purpose

5 All-in-cost Benchmark rate plus 450 bps spread. (Benchmark rate in case of Rupee denominated ECB/TC will be prevailing yield of the Government of
. ceiling per India securities of corresponding maturity.)
annum

6 Negative · Real estate activities

. end-use
· Investment in capital market
· Equity investment
· Working capital purposes, except as listed in specific categories of MAMP
· General corporate purposes, except as listed in specific categories of MAMP
· Repayment of Rupee loans, except as listed in specific categories of MAMP

· On-lending to entities for the above activities, except as listed in specific categories of MAMP

7 Prepayment Up to maximum of 2% per annum over interest

. premium/
default interest

8 Exchange Rate For conversion to Rupee, the exchange rate shall be the rate prevailing on the date of settlement.
.
9 Hedging Through:
.
· permitted derivative products with AD Category I banks in India
· branches / subsidiaries of Indian banks abroad or branches of foreign banks with Indian presence on a back to back basis

1 Change of Not permitted for INR denominated ECB

0 currency
.

1 Limit Up to USD 750 million or equivalent per financial year under the automatic route
1
.

1 Loan · Required prior to drawdown

2 Registration
· Application through AD Category I banks in Form ECB (in duplicate) with terms of loan.
. Number (LRN)
· AD Category I bank to forward one copy to RBI, Department of Statistics and Information Management (DSIM).
· LA copy not required to be submitted.

1 Change in terms Report to DSIM within 7 days (revised Form ECB)

3 of ECB
(The designated AD Category I banks can approve any requests from the borrowers for changes in respect of ECB, except for
.
FCCBs/FCEBs, duly ensuring that the changed conditions, including change in name of borrower/lender, transfer of ECB and any other
parameters, comply with extant ECB norms and are with the consent of lender(s).)

1 Monthly Form 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
4 Reporting of month to which it relates
. actual
transactions
1 Late Submission
5 Fee (LSF)
Sr. Type of Period of delay Applicable
.
No Return/For LSF
. m

1 Form ECB Up to 30 calendar days from INR 5,000

2 due date of submission

2 Form ECB Up to three years from due INR 50,000

2/Form date of submission/date of per year
ECB drawdown

3 Form ECB Beyond three years from due INR

2/Form date of submission/date of 100,000 per
ECB drawdown year