FEMA / RBI Advisory

Navigating the complex regulations of the Reserve Bank of India (RBI) and Foreign Exchange Management Act (FEMA) can be a daunting task for businesses and individuals. Ensuring compliance with these regulations is crucial, but it can be difficult to keep up with the ever-evolving rules and guidelines. That’s where our RBI/FEMA Expert Advisory and Compliance Services come in. Our team of experienced professionals has a deep understanding of the Indian regulatory landscape and will provide customized and practical solutions to help you stay compliant with RBI and FEMA regulations. From advice on foreign investment and remittances to assistance with compliance and dispute resolution, we’ve got you covered. Don’t let compliance worries hold you back. Let us help you unlock the full potential of your business or investment in India. Contact us today to learn more about our RBI/FEMA Expert Advisory and Compliance Services.

Qualifying Standards Concerning the FEMA Compliance

The following are the qualifying standards concerning the FEMA Compliance:

  • Persons.
  • Indian non-residents (NRIs).
  • Organizations.
  • People from abroad.
  • Strong net value people.
  • Concerns regarding partnerships and proprietorship.
  • Large investors from abroad

FEMA Compliance is significant & pertinent all over India & also applicable to all the abroad branches, offices & agencies owned & maintained by an Indian resident. Generally, FEMA Compliance applies to the following transactions:

FEMA Compliance is significant & pertinent all over India & also applicable to all the abroad branches, offices & agencies owned & maintained by an Indian resident. Generally, FEMA Compliance applies to the following transactions:

  • Transfer or publish of any foreign security by an Indian Resident
  • Transfer or publish of any security by a person living abroad
  • Transfer or publish any security or foreign security by any branch or any agency in India of an abroad resident.
  • Any borrowing or loan in foreign exchange
  • Any borrowing or lending in rupees between a person resident in India and a person resident outside India.
  • Deposits between an Indian resident and a person living abroad
  • Holding of currency or currency notes or its export or import.
  • Transfer of immovable property outside India, other than a lease not exceeding five years, by a person resident in India.
  • Purchase or transfer of immovable property in India, apart from a lease not more than five years by a person not living in India.

The foreign transactions under FEMA Compliance are categorized into two categories –

1. Capital account transactions: The capital Account consists of all capital transactions.

2. Current account transactions- The existing account comprises the trade of goods or services. Current Account transactions are those transactions that involve the inflow and outflow of money to and from the country/countries during a year due to the trading/rendering of commodities, services, and income. In addition to the above, some transactions are prohibited explicitly by FEMA Compliance.

Documents Required

  • Form FC-GPR
  • PAN Card of the two persons to be appointed as Authorized person on behalf of the entity
  • Board Resolution by the entity to authorize any person
  • Valuation Report of the Registered Valuer for the valuation carried out for issue of securities (if required)
  • Foreign Inward Remittance Certificate (FIRC)
  • KYC of the person resident outside India
  • Declaration (in the format prescribed by Reserve Bank of India and the format to be shared by us)
  • Copy of FIPB approval (if so required);
  • Copy of Board Resolution for issue of securities
  • Any other document if so required

Process of RBI Compliance

  • Complete the Application Form:You are requested to first fill the simple questionnaire provided by our expert team which will enable us to study your case and will help us to provide you the appropriate information.
  • Document Processing:At the second step we will be requiring the documents in accordance with the questionnaire filled by you so that we can arrange them as per the requirement and for processing.
  • Drafting of Documents:The third step comprises drafting of relevant documents as per the checklist and the same is to be signed by the authorized person whosoever.
  • Filing of Form:Your respective Form will be filled on the portal of RBI i.e. firms.rbi.org.in on your behalf for further processing. We will enter the required details as per the information and documents provided by you and in order to prove the same relevant attachments will be attached with them.
  • Getting Compliance Done:The status of the form along with the screenshot of form filled will be shared with you on the earliest basis specifying that the compliance has been made and regular follow up will be done till the final approval of the form.

Our offerings

  • Advising on inbound structuring i.e. structuring of Investments into India and advising on the nature of the business entity such as liaison office, branch office, joint venture, wholly-owned subsidiary, etc.
  • Registration for entity master and single master forms.
  • Assisting in obtaining approvals and compliance such as FLAIR, FCGPR, FCTRS, LLP-1, LLP-2, etc.
  • Approval from the Foreign Investment Promotions Board (FIPB), Ministry of Finance, and the assistance in the preparation of the Foreign Collaboration Agreements.
  • External Commercial Borrowings (ECB)Compliances
  • Compounding Application with RBI
  • Representation before RBI
 
     
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