FEMA

Investment in India by NRI- FAQs

Fema / RBI - Q.1 Who is a non-resident Indian (NRI)? Ans: An Indian residing abroad is generally known as Non-Resident Indian (NRI). NRI is defined under the Foreign Exchange Management Act, 1999 (FEMA) and the Income Tax Act, 1961 and for the purpose of the respective laws. NRI as per FEMA- Non-Resident Indian (NRI) means a person resident […]...

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Entry Routes to India

Fema / RBI - India is one of the world’s most attractive destinations for international investors. India, being the world’s seventh- largest economy, has everything to attract the international investors. This articles is a brief introductory guide for the overseas enterprises considering the expansion of their activities in India and the ...

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Corporate Compliance Calendar for the Month of August, 2019

Fema / RBI - This article contains various Compliance requirements under Statutory Laws for the Month of August, 2019. Compliance means adhering to rules and regulations. Article contains Compliance Requirement Under Income Tax Act, 1961, Goods & Services Tax Act, 2017 (GST), Other Statutory Laws, Foreign Exchange Management Act, 1999 (FEMA), SEBI...

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Foreign Liabilities and Assets (FLA) Returns- FAQs

Fema / RBI - A. Which entities are required to submit the FLA Return Ans. The annual return on Foreign Liabilities and Assets (FLA) is required to be submitted by the following entities which have Received Foreign Direct Investment (FDI) made FDI Abroad In the previous year(s) including the current year B. Whether all the Companies received foreign in...

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Annual Return on Foreign Liabilities And Assets

Fema / RBI - Reporting by Indian Companies The Reserve Bank of India had come up with a New Circular No. A.P. (DIR Series) Circular No. 37 dated 28th June, 2019 which stipulates that all Indian Companies which have received FDI and/or made FDI abroad (i.e. overseas investment) in the previous year(s) including the current year, should file the [&helli...

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Investments by NRIs as FDI and in stock changes

Fema / RBI - Non-Resident Indians (NRIs) can invest in India as per the following regulation of Foreign Exchange Management (Transfer or issue of Security by a person resident outside India) Regulations, 2000 dated May 3, 2000 as amended from time to time: i. As per Regulations 5(1), NRIs may invest in shares/Compulsorily Convertible Preference Shares...

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Draft ‘Fugitive Economic Offenders Bill, 2017’ -Govt invite comments

Fema / RBI - It is widely felt that the spectre of high-value economic offenders absconding from India to defy the legal process seriously undermines the rule of law in India. It is, therefore, felt necessary to provide an effective, expeditious and constitutionally permissible deterrent to ensure that such actions are curbed....

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NHAI Masala Bond Launched at London Stock Exchange

Fema / RBI - The Union Minister of Road Transport & Highways and Shipping Shri. Nitin Gadkari yesterday launched the NHAI Masala Bond issue at the London Stock Exchange. The NHAI issue witnessed an overwhelming response from a wide range of investors, some of them being first timers to participate in the Masala Bond market....

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SIT directs ED to take action against Export Companies

Fema / RBI - SIT directs Enforcement Directorate to take necessary action under FEMA with respect to 216 Companies for the period before 1st March, 2016 and against 572 Companies for the period after 1st March, 2016 for which each such Company had export proceeds pending for realisation for more than Rs. 100 crore....

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NRIs can now join & subscribe to NPS online through eNPS

Fema / RBI - NRIs have a pivotal role to play in the Indian economy. India has the second-largest Diaspora in the world, with around 29 million people living in over 200 countries and out of these 25% live in the Gulf countries. Most of the Indians going to the Gulf and some other countries go for employment and return to India after having worked abr...

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SC held provisions of Section 45(1) of PMLA provision Imposing Twin Condition for granting Bail as unconstitutional

Nikesh Tarachand Shah Vs. Union Of India & Anr. (Supreme Court of India) - SC held that Section 45(1) of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail, to be unconstitutional as it violates Articles 14 and 21 of the Constitution of India. ...

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PML Act, 2002 Provisions cannot be invoked Retrospectively

M/s Obulapuram Mining Company Pvt Ltd Vs Joint Director (Karnataka High Court) - By consent of the learned advocates appearing for the parties, all these writ petitions are taken up for hearing together, as similar questions of law are involved in these writ petitions, in order to avoid a conflicting judicial opinion. We are also informed that facts are, almost, identical....

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Members cannot be appointed part-time to Fema Tribunal

Union Of India And Others Vs S. Srinivasan (Supreme Court of India) - Rule 2 (1) (b) provides the qualification to be a Member. Needless to say, the same is in total accord with the Act. The first proviso to Rule 5 introduces part time Member. We have held that the said proviso, as far as it introduces the concept of part time Member, is contrary to the provision cont...

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FEMA – Claim for interest in the nature of compensation for wrongful retention of money is not maintainable

Directorate Of Enforcement Vs. Subhash Muljimal Gandhi (Delhi High Court) - Directorate of Enforcement Vs. Subhash Muljimal Gandhi ( Delhi HC)- that interest at the rate of 6% per annum under Rule 8 could have been awarded to the respondent on the seized Indian currency only. The learned Single Judge has however applying the said Rule also awarded interest on the seized fo...

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SC asks Ketan Ketan Parikh and Co to Deposit deposit 50 percent of penalty imposed for Fema violations

Ketan V. Parekh Vs. Special Director, Directorate of Enforcement and another (Supreme Court of India) - Ketan V. Parekh Vs. Special Director, Directorate of Enforcement and another (Supreme Court)- Ketan Parikh, Kartik Parikh and M/s. Panther Fincap and Management Services Ltd, were imposed a penalty of Rs. 80 Crores, 12 Crores and 40 Crores respectively by the Special Director of Enforcement, Mumbai ...

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FLA return to be submitted Online: RBI

RBI/2018-19/226 A.P. (DIR Series) Circular No. 37 - (28/06/2019) - With the objective to enhance the security-level in data submission and further improve the data quality, the present email-based reporting system for submission of the FLA return will be replaced by the web-based system online reporting portal....

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RBI liberalises ECB policy on Rupee denominated bonds

RBI/2018-19/48 A.P. (DIR Series) Circular No.9 - (19/09/2018) - It has been decided, in consultation with the Government of India, to liberalise some aspects of the ECB policy including policy on Rupee denominated bonds as indicated below:...

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Risk Management and Inter-bank Dealings: Revised guidelines

RBI/2017-18/134 A. P. (DIR Series) Circular No. 18 - (26/02/2018) - Risk Management and Inter-bank Dealings: Revised guidelines relating to participation of a person resident in India and Foreign Portfolio Investor (FPI) in the Exchange Traded Currency Derivatives (ETCD) Market...

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PML (Maintenance of Records) Sixth Amendment Rules, 2017

Notification No. G.S.R. 1318(E) - (23/10/2017) - Provided also that in case the officially valid document presented by a foreign national does not contain the details of address, in such case the documents issued by the Government departments of foreign jurisdictions and letter issued by the Foreign Embassy or Mission in India shall be accepted as...

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PML (Maintenance of Records) Fifth Amendment Rules, 2017

Notification No. 6/2017 - (16/10/2017) - Obtaining a certified copy by reporting entity shall mean comparing the copy of officially valid document so produced by the client with the original and recording the same on the copy by the authorized officer of the reporting entity in a manner prescribed by the regulator....

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Recent Posts in "FEMA"

Investment in India by NRI- FAQs

Q.1 Who is a non-resident Indian (NRI)? Ans: An Indian residing abroad is generally known as Non-Resident Indian (NRI). NRI is defined under the Foreign Exchange Management Act, 1999 (FEMA) and the Income Tax Act, 1961 and for the purpose of the respective laws. NRI as per FEMA- Non-Resident Indian (NRI) means a person resident […]...

Read More
Posted Under: Fema / RBI |

Entry Routes to India

India is one of the world’s most attractive destinations for international investors. India, being the world’s seventh- largest economy, has everything to attract the international investors. This articles is a brief introductory guide for the overseas enterprises considering the expansion of their activities in India and the ...

Read More
Posted Under: Fema / RBI |

Corporate Compliance Calendar for the Month of August, 2019

This article contains various Compliance requirements under Statutory Laws for the Month of August, 2019. Compliance means adhering to rules and regulations. Article contains Compliance Requirement Under Income Tax Act, 1961, Goods & Services Tax Act, 2017 (GST), Other Statutory Laws, Foreign Exchange Management Act, 1999 (FEMA), SEBI...

Read More
Posted Under: Fema / RBI |

Foreign Liabilities and Assets (FLA) Returns- FAQs

A. Which entities are required to submit the FLA Return Ans. The annual return on Foreign Liabilities and Assets (FLA) is required to be submitted by the following entities which have Received Foreign Direct Investment (FDI) made FDI Abroad In the previous year(s) including the current year B. Whether all the Companies received foreign in...

Read More
Posted Under: Fema / RBI |

Annual Return on Foreign Liabilities And Assets

Reporting by Indian Companies The Reserve Bank of India had come up with a New Circular No. A.P. (DIR Series) Circular No. 37 dated 28th June, 2019 which stipulates that all Indian Companies which have received FDI and/or made FDI abroad (i.e. overseas investment) in the previous year(s) including the current year, should file the [&helli...

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Posted Under: Fema / RBI |

Convertible Foreign Exchange

What is CONVERTIBLE FOREIGN EXCHANGE (CFE)? Convertible Foreign Exchange means foreign exchange which is for the time being treated by the Reserve Bank of India as convertible foreign exchange for the purposes of the Foreign Exchange Management Act, 1999 (42 of 1999), and any rules made there under. Foreign Exchange Management (Manner of ...

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Posted Under: Fema / RBI |

FLA Return – Key points, FAQ’s, FLAIR System & Important Definitions

Annual Return on Foreign Liabilities and Assets (FLA Return)– An Analysis (Key Points, FAQ’s and Important Definitions) 1. Compliance Particular: Annual Return on Foreign Liabilities and Assets (FLA Return) 2. Requirement: FLA Return is required to be submitted mandatorily by all the India resident companies which have received FD...

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Posted Under: Fema / RBI |

Foreign Liabilities And Assets Information Reporting (Flair) System

What is Annual Return of Foreign Liabilities and Assets? -FLA annual return are one of the compliances that have to be met by the companies that are involved with FDI (Foreign Direct Investments) or companies who invest in foreign companies either via joint venture or wholly owned subsidiaries, also termed as Overseas Direct Investment...

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Posted Under: Fema / RBI |

Note on Foreign Assets and Liabilities Return

Please be informed that all Companies/LLPs which have received FDI (Foreign Direct Investment) and/or made FDI abroad (i.e. overseas investment) have to file an Annual Return which is Foreign Assets & Liabilities Return (FLA). 1. The due date for filing FLA return is 31st of July, 2019 for the FY 2018-2019. 2. Non-filing of the retur...

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Posted Under: Fema / RBI |

Foreign Liabilities & Assets Information Reporting System (FLA Return)

Foreign Liabilities & Assets Information Reporting (Flair) System (FLA Return) Applicability:-Annual return on Foreign Liabilities and Assets has been notified under FEMA 1999 and it is required to be submitted by all the India resident companies (Reporting Entities)* which have received FDI and/ or made overseas investment in any of ...

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Posted Under: Fema / RBI |

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