Non-STPI Registration
The RBI had vide a Circular in September 2013, laid down a revised procedure for filing of SOFTEX making it mandatory for all exporters. The instruction takes precedence over a Notification from RBI in 2004 requiring the filing of SOFTEX only if the invoice value exceeded USD 25,000. To help exporting units who are not members of STPI scheme, abide by the regulatory requirement, the STPI started services for NON-STP units. This involves a simple registration process which then allows companies to file for STPI approvals for SOFTEX forms. Several companies who were earlier not required to file SOFTEX were unaware of the change and did not file the SOFTEX for export transactions.
FAQ on Software Technology Parks of India
Letter of Permission for Non-STP registration is issued for the period of 3 years. During the last three months prior to the expiry of LoP, Non-STP registered unit should approach Director, STPI for renewal of LoP. There shall be no charges for renewal of LoP.
10 working days from the date of submission of complete application form along with supporting documents and applicable processing fee.
Non-STP units should register each of their export contracts prior to submission of SOFTEX against that contract. Unit also need to submit its projected imports during the next financial year as well as applicable STPI service charges.
The company registered under STPI as Non-STP unit will be issued a Registration Certificate with a validity of 3 years by the respective jurisdictional STPI Director. Renewal of registration will have to be applied three months prior to the expiry of the registration.
Yes, operations as Non-STP unit can be carried out from any location in the country. However, registration has to be made with the respective jurisdictional STPI Centre.
Once Non-STP units get registered with STPI, they will be entitled for submission of SOFTEX for certification as per prevailing guidelines of RBI. However, Non-STP units should also register each of their export contracts prior to submission of SOFTEX against that contract.
As per the prevailing RBI Master Circular No. RBI/2013-14/14 dated 1st July 2013, RBI Circular No.80 dated 15th February 2012, RBI Circular No.43 dated 13th September 2013, “any company who does IT / ITES exports through data communication links needs to submit the SOFTEX to Designated Authority for certification.
As per the prevailing RBI Circulars, the SOFTEX may be submitted in soft copy or in the hard copy in quadruplicate.
After certification, the distribution of certified SOFTEX (hard copy) will be as follows:
A common monthly SOFTEX in the form of Excel summary sheet as prescribed by RBI can be filed for all invoices raised in a month. The SOFTEX is required to be filed within 30 days from the date of last invoice raised in that month.
In case of delay, the units should approach the regional RBI office and get the delay condoned before submitting the SOFTEX Forms to STPI. The sample check list of details to be provided to RBI, along with the request letter, for getting the delay condoned, is as per Annexure-1. However, as the list may vary across different regional offices of RBI, you are requested to visit RBI website at www.rbi.org.in for clarity.
SOFTEX numbers are allotted by RBI. Both STP and Non-STP units based on their requirement can generate SOFTEX numbers online from RBI official website.
30 days from the date of submission of complete SOFTEX form along with requisite documents.
Service charges for Non-STP units will be determined on the basis of the value of the contracts registered. The Service charges slabs for different export values are as mentioned below:
The service charge has to be paid upfront during the registration of contracts based on the contract value and export projection for that particular year. The payment can be made either through following in favor of Director, STPI
a. Bankers Cheque
b. Demand Draft
c. Transfer (Account to Account)
d. RTGS
e. NEFT
f. or through wire transfer
Once the Non-STP units crosses the limit of a particular slab of value of SOFTEX certified in a financial year, they will be required to deposit the applicable charges as against the next slab with due adjustment to the already paid amount.
The SOFTEX is required to be filed within 30 days from the date of last invoice raised in that month. But there are situations during which the transaction / invoice raised might not receive the desired remittance like credit note raised, penalty raised by foreign company or complete cancellation of software project by foreign client. Hence, the unit should approach regional RBI office for cancellation of certified SOFTEX forms. Once RBI issues the approval of cancellation of particular SOFTEX forms, the same may be reported to the concerned STPI center.
As STP unit for each year pay advance service charges but in the event of non-certification of submitted SOFTEX (due to non-submission of required details), STPI shall retain 20% of the service charges deposited for that financial year.
The units shall approach regional RBI office for cancellation of certified SOFTEX forms.
Once registered with STPI, the Non-STP units shall submit quarterly report and annual reports to respective STPI centers as per the prescribed format.