Full Fledged Money Changer refers to authorised money changers registered under Section 10(1) of the Foreign Exchange Management Act. These entities primarily engage in services related to foreign security and foreign exchange. As per this act, any entity intending to initiate an FFMC business must obtain registration from the Reserve Bank of India. Failure to do this will result in penalties as have been outlined in the Act. In this blog, we shall look into the documents required for FFMC Licence in India.
Understanding FFMC Registration Framework
FFMC registration is a vital legal authorisation allowing entities to engage in forex currency exchange and money-changing activities. This permission is granted under Section 10 (1) of the Foreign Exchange Management Act of 1999, regulated by the Reserve Bank of India. Entities registered as Authorised Money Changers are recognised as Full Fledged Money Changers, signifying their compliance with the law.
Executing business activities within the bounds of the law presents a significant challenge for Non-Banking Financial Companies. Under the legal framework, conducting forex currency exchange without a valid FFMC licence is strictly prohibited.
Classification of FFMC Licences
FFMC licences are classified into three distinct categories:
1. AD Category-I Banks (Authorised Dealer Category – I Banks)
2. AD Category-II (Authorised Dealer Category – II)
3. Full Fledged Money Changers (FFMCs)
Each category has specific roles, responsibilities, and regulatory requirements, and entities must adhere to the appropriate classification based on their business activities.
What are the Documents Required for FFMC Licence in India?
Obtaining an FFMC licence involves submitting a comprehensive set of documents to comply with regulatory requirements. Mentioned below is a list of the essential documents required for FFMC licence application:
1. Certificate of Incorporation and Certificate of Commencement of Business:
One of the important documents required for FFMC licence application is a copy of the Certificate of Incorporation showcasing the legal establishment of the company and also a certificate of Commencement of Business demonstrating the initiation of operations.
2. Memorandum of Association and Articles of Association:
The MoA and AoA of the company, outlining the norms and guidelines for conducting money-changing activities. Ensure that these documents either explicitly state the authorisation for money-changing tasks or have been appropriately amended to include such provisions.
3. Financial Statements:
The documents required for FFMC licence application also include audited copies of the balance sheet and Profit and Loss account of the entity for the previous three fiscal years leading up to the licence application date. These financial documents reflect the company’s financial stability and performance.
4. Declaration of No Legal Proceedings:
A formal declaration confirming that no ongoing legal proceedings exist against the company, initiated by regulatory bodies such as the Directorate of Enforcement, Directorate of Revenue Intelligence, or any other statutory entities.
5. Banker’s Report:
A sealed report provided by the applicant’s banker, offering insights into the company’s financial health, stability, and credibility is also required as part of the documents required for FFMC licence application.
6. Compliance Policies Declaration:
Another significant part of the documents required for FFMC licence is a declaration affirming that the entity has implemented and adheres to relevant policies concerning Combating the Financing of Terrorism, Know Your Customer, and Anti-Money Laundering before commencing money-changing operations.
7. Board Resolution:
The final set of documents required for FFMC licence application is a copy of the board resolution demonstrating the company’s decision and commitment to engage in forex trading activities within the jurisdiction of India.
These documents required for FFMC licence application collectively serve as the foundation for a successful application, ensuring that the entity complies with all necessary legal and regulatory requirements.
Arrangement of Documents for NBFC Registration
For individuals or entities seeking NBFC registration, it is imperative to organise the documents required for FFMC licence application as specified. The proper arrangement of these documents is crucial to streamline the application process. The necessary steps involved in this are:
1. Document Organisation:
Arrange all the aforementioned documents with meticulous attention to detail, ensuring that they are complete, accurate, and free from any discrepancies.
2. Comprehensive Application Submission:
Compile a comprehensive application for FFMC registration, incorporating all the arranged documents. This application is to be submitted to the regional office of the Reserve Bank of India.
3. Submission with Documents:
Alongside the application, include the full set of documents described earlier. These documents are essential in substantiating the applicant’s eligibility and compliance with regulatory requirements.
4. RBI Evaluation:
Upon receiving the application and accompanying documents, the RBI will initiate a thorough evaluation process. This evaluation focuses on assessing both the applicant and the director against the “fit and proper” criteria established by the RBI.
5. Possible Outcomes:
If the applicant and director meet the “fit and proper” criteria, the application will be considered for approval.
In the event that the criteria are not met, the RBI reserves the right to reject the application.
6. Registration Certificate Issuance:
In cases where the application is approved, the RBI will proceed to grant the FFMC registration certificate. This process typically takes approximately 2 to 3 months from the time of application approval.
Key Points Related to Documents Required for FFMC Licence in India
When considering the documents required for FFMC licence application, several key points emerge, like:
1. Memorandum of Association:
The MoA is a fundamental legal document that outlines the organisation’s charter and objectives. Drafted during the company’s inception, it establishes the company’s purpose and its bond with shareholders.
The MoA sets the framework for the company’s activities, and its operations must align with the scope defined within this document.
2. Articles of Association:
The AoA is another essential legal document that complements the MoA. It delineates the company’s purpose and provides regulations governing its operations.
This document details how various operational aspects within the company should be conducted, including the handling of fiscal records.
3. Board Resolution:
A board resolution is a documented record of decisions made by the Board of Directors of a company. It serves as a formal confirmation and certification of significant decisions taken by the BOD.
The board resolution is a crucial part of the FFMC licence application process, demonstrating the company’s commitment to engaging in forex trading activities within India.
Activities Performed by FFMCs in India
Full Fledged Money Changers in India are authorised to carry out a range of activities related to foreign exchange and currency services. The key activities performed by FFMCs in the country are:
1. Restricted Money Exchange Services:
FFMCs have the option to enter into franchise agreements to conduct Restricted Money Changing business activities. This includes services such as converting foreign currency notes into Indian Rupees.
Within this category, FFMCs can provide services like the conversion of coins or traveller’s cheques into INR, catering to the needs of travellers and individuals seeking currency exchange.
2. Sale of Domestic Currency to Tourists and Foreign Visitors:
FFMCs are authorised to sell domestic currency (INR) to tourists or foreign visitors.
They can facilitate these transactions using international debit and credit cards and are responsible for promptly obtaining reimbursement through normal banking channels.
3. Purchase of Traveller’s Cheques, Coins, and Currency Notes:
FFMCs, as well as their franchises, have the legal authority to purchase traveller’s cheques, coins, or currency notes from both residents and non-residents.
This activity allows FFMCs to maintain currency reserves and meet the currency exchange needs of their customers.
4. Sale of Foreign Exchange for Various Purposes:
FFMCs are permitted to sell foreign exchange for various purposes, including but not limited to:
- Business visits: Facilitating foreign exchange transactions for individuals or entities engaged in business activities.
- Private visits: Providing foreign exchange services for personal travel and leisure purposes.
- Forex pre-paid cards: Offering forex pre-paid cards to travellers, which are convenient and secure for international transactions.
These activities make FFMCs a vital component of the currency exchange ecosystem in India, serving the needs of both residents and international visitors while adhering to the regulatory framework set forth by the Reserve Bank of India.
Final Thoughts
The framework for FFMC registration in India is a structured and essential process, ensuring that entities engaging in forex currency exchange and money-changing activities operate within the bounds of the law. The arrangement of documents required for FFMC licence application, such as the Memorandum of Association, Articles of Association, and board resolutions, serves as the foundation for a successful application.
Once approved, FFMCs play a pivotal role in the Indian financial ecosystem by offering a range of services, including currency conversion, catering to tourists, purchasing traveller’s cheques, coins, and currency notes, and facilitating foreign exchange for various purposes. These activities contribute to the convenience and efficiency of currency exchange services in India while adhering to the stringent regulatory standards set forth by the RBI.
