FEMA

FAQs on Overseas Direct Investments

Fema / RBI - Q. 1 Where are the guidelines pertaining to overseas direct investments available and how to get clarifications pertaining to the guidelines on overseas investment? Ans: The guidelines have been notified by the Reserve Bank of India vide Notification No. FEMA 120/RB-2004 dated July 7, 2004, as amended from time to time, which can be acces...

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FAQs on External Commercial Borrowing & Trade Credits

Fema / RBI - External Commercial Borrowings (ECB) and Trade Credits (Updated as on May 29, 2019) PART I – EXTERNAL COMMERCIAL BORROWINGS A. BASIC QUERIES 1. Where can one get the details of extant External Commercial Borrowings (ECB) and Trade Credits (TC) framework? Master Direction No. 5 on ‘External Commercial Borrowings, Trade Credits and Stru...

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RBI eases External Commercial Borrowings

Fema / RBI - India has always encouraged capital inflows as a part of the development policy. Deficient domestic capital and reduction in the current account compelled the government historically to go after foreign capital. Foreign capital is money obtained from foreign countries to make investment domestically. The major category is foreign investme...

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Establishment in India of a branch office or a liaison office or a project office or any other place of business

Fema / RBI - Foreign Exchange Management (Establishment in India of a branch office or a liaison office or a project office or any other place of business) Regulations, 2016 (Amended upto January 21, 2019) The Reserve Bank of India makes the following regulations to prohibit, restrict and regulate establishment in India of a branch office or a liaison...

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External Commercial Borrowing by Software Company

Fema / RBI - EXTERNAL COMMERCIAL BORROWING (ECB) TO BE RAISED BY SOFTWARE COMPANY Article explains Eligibility Recognised lenders, Currency of borrowing, End-uses (Negative list), Minimum Average Maturity Period, Limit, Debt-Equity Ratio, All-in-cost ceiling per annum, Other costs and Reporting Requirement in respect of External Commercial Borrowing t...

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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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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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Facilities for Hedging Trade Exposures invoiced in Indian Rupees

RBI/2017-18/75 A.P. (DIR Series) Circular No. 08 - (12/10/2017) - To hedge the currency risk arising out of genuine trade transactions involving exports from and imports to India, invoiced in Indian Rupees, with AD Category I banks in India....

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Recent Posts in "FEMA"

FAQs on Overseas Direct Investments

Q. 1 Where are the guidelines pertaining to overseas direct investments available and how to get clarifications pertaining to the guidelines on overseas investment? Ans: The guidelines have been notified by the Reserve Bank of India vide Notification No. FEMA 120/RB-2004 dated July 7, 2004, as amended from time to time, which can be acces...

Read More
Posted Under: Fema / RBI | ,

FAQs on External Commercial Borrowing & Trade Credits

External Commercial Borrowings (ECB) and Trade Credits (Updated as on May 29, 2019) PART I – EXTERNAL COMMERCIAL BORROWINGS A. BASIC QUERIES 1. Where can one get the details of extant External Commercial Borrowings (ECB) and Trade Credits (TC) framework? Master Direction No. 5 on ‘External Commercial Borrowings, Trade Credits and Stru...

Read More
Posted Under: Fema / RBI |

RBI eases External Commercial Borrowings

India has always encouraged capital inflows as a part of the development policy. Deficient domestic capital and reduction in the current account compelled the government historically to go after foreign capital. Foreign capital is money obtained from foreign countries to make investment domestically. The major category is foreign investme...

Read More
Posted Under: Fema / RBI |

Establishment in India of a branch office or a liaison office or a project office or any other place of business

Foreign Exchange Management (Establishment in India of a branch office or a liaison office or a project office or any other place of business) Regulations, 2016 (Amended upto January 21, 2019) The Reserve Bank of India makes the following regulations to prohibit, restrict and regulate establishment in India of a branch office or a liaison...

Read More
Posted Under: Fema / RBI |

External Commercial Borrowing by Software Company

EXTERNAL COMMERCIAL BORROWING (ECB) TO BE RAISED BY SOFTWARE COMPANY Article explains Eligibility Recognised lenders, Currency of borrowing, End-uses (Negative list), Minimum Average Maturity Period, Limit, Debt-Equity Ratio, All-in-cost ceiling per annum, Other costs and Reporting Requirement in respect of External Commercial Borrowing t...

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Posted Under: Fema / RBI |

FAQs on Creation of Entity and User Master with RBI for Foreign Investment in Indian Companies

Frequently Asked Questions Creation of Entity And User Master With RBI For Foreign Investment In Indian Companies Q.1 Which Company Can Be Considered As Entity As Per RBI Norms? A company within the meaning of section 1(4) of the Companies Act, 2013 A Limited Liability Partnership (LLP) registered under the Limited Liability Partnership A...

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Posted Under: Fema / RBI |

Full Fledged Money Changers /Authorised Money Changers

Full Fledged Money Changers (FFMCs)/Authorised Money Chnagers (AMCs) Authorised Money Changers (AMCs) are entities, authorised by the Reserve Bank under Section 10 of the Foreign Exchange Management Act, 1999. An AMC is a Full Fledged Money Changer (FFMC). In addition to Authorised Dealer Category -I Banks (AD Category–I Banks) and Auth...

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Posted Under: Fema / RBI |

Purchase and Sale of Immovable Property in India by NRI/OCI

In this write up we endeavor to summarize the conditions for the purchase and sale of immovable property in India by a non resident Indians and overseas citizens of India. Ideally the NRI/OCIs are permitted to acquire the immovable property in India in the following manner: 1. Purchase; 2. Gift; 3. Inheritance; TERMS USED: 1. […]...

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Posted Under: Fema / RBI |

External Commercial Borrowings: Regulatory Framework Substantially Relaxed

Reserve Bank of India (RBI) on 16 January 2019 notified a new external commercial borrowings framework (New ECB Framework). The New ECB Framework rationalizes the existing external commercial borrowings framework (Old ECB Framework) by merging the existing Track I (medium-term foreign currency denominated ECB) and Track II (long-term fore...

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Posted Under: Fema / RBI | ,

Check List for Reporting of External Commercial Borrowings

EXTERNAL COMMERCIAL BORROWINGS; External Commercial Borrowings (ECBs) are loan made by non-resident lenders in convertible foreign exchange to the Indian borrowers. ECBs are the instruments through which loans are availed by India borrowers from foreign sources. ECBs include bank loans, buyer’s credit, supplier’s credit, securitised i...

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Posted Under: Fema / RBI |

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