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FEMA

Latest Articles


Impact of proposed draft Import/ Export framework

Fema / RBI : Explore the potential impacts of RBI's proposed draft Import/Export framework on business operations and foreign trade in India....

July 19, 2024 441 Views 0 comment Print

Remittances to IFSCs under Liberalised Remittance Scheme (LRS)

Fema / RBI : RBI new circular allows resident individuals to remit funds to IFSCs for all permissible LRS purposes, boosting financial services...

July 16, 2024 645 Views 0 comment Print

Annual Return on Foreign Liabilities and Assets (FLA) under FEMA 1999

Fema / RBI : FLA return is annual return required to be submitted by following entities which have received FDI and/or made FDI abroad (i.e. ov...

July 7, 2024 1866 Views 1 comment Print

RBI circular on investment in overseas funds by resident individuals & listed Indian companies

Fema / RBI : Gain insight into the RBI circular clarifying overseas investment rules for resident individuals and listed Indian companies, incl...

June 24, 2024 537 Views 0 comment Print

FEMA Rules: How Much Cash can be Carried when Traveling to & from India?

Fema / RBI : Discover RBI's rules on carrying cash & foreign currency when traveling to/from India. FAQs cover limits, exceptions, and complian...

June 19, 2024 5487 Views 0 comment Print


Latest News


The IFSCA Banking Handbook General Directions- V 5.0 (GEN)

Finance : Understand the legal framework, regulations, and licensing requirements outlined in the IFSCA Banking Handbook General Directions ...

April 5, 2024 636 Views 0 comment Print

Review of Foreign Direct Investment Policy on Space Sector

Fema / RBI : Explore the latest Foreign Direct Investment (FDI) policy amendments in Indias space sector. Understand the changes in caps, entry...

March 5, 2024 450 Views 0 comment Print

Indian Government’s Historic Move: Direct Listing on GIFT IFSC

Finance : Ministry of Finance announces groundbreaking policy allowing Indian companies to list on GIFT IFSC, unlocking global capital, boos...

January 24, 2024 774 Views 0 comment Print

CBI Initiates Case Against Delhi-Based Company for Violations of FCRA Provisions

Corporate Law : CBI registers a case against a Delhi-based private company and its Director for alleged violations of FCRA provisions, involving u...

October 13, 2023 681 Views 0 comment Print

Crypto Assets require international collaboration to prevent regulatory arbitrage

Finance : Crypto Assets are borderless, require international collaboration to prevent regulatory arbitrage Under PMLA, Rs. 936 crore relate...

February 8, 2023 732 Views 0 comment Print


Latest Judiciary


ED’s Inaction on Seized Assets Violates Income Tax Act Section 132B & FEMA Section 37(3)

Income Tax : Directorate of Enforcement cannot sit over the seized assets, and the failure to release them is a violation of Section 132B of th...

January 6, 2024 720 Views 0 comment Print

Lack of Evidence for FEMA Act Contravention in Bogus Import of Service via Cash Bean App: Writ Petition Dismissed

Fema / RBI : Assessee-company was engaged in the business of providing unsecured short-term loans to its customers/borrowers in India via its D...

December 25, 2023 633 Views 0 comment Print

Rajasthan high court directs to release goods seized by Enforcement Directorate

Fema / RBI : Read Rajasthan High Court's judgment in Bhagwati Jewellers regarding release of seized gold bullion and goods by Enforcement Direc...

October 9, 2023 2124 Views 0 comment Print

Cognizance taken under repealed law is valid if it is provided by provision of ‘Repeal and Savings’ under the new Law

Fema / RBI : In present facts of the case, the Hon’ble Supreme Court observed that the Enforcement Officer appointed under Section 3 of FERA,...

September 27, 2023 1209 Views 0 comment Print

Provisional attachment order passed without valid reasoning is untenable

Income Tax : Karnataka High Court held the provisional attachment order unjustifiable as the same was passed simply stating that there is likel...

December 29, 2022 1524 Views 0 comment Print


Latest Notifications


Foreign Exchange Management (Debt Instruments) (Third Amendment) Regulations, 2024

Fema / RBI : RBI's 2024 amendment to FEMA regulations allows foreign investors to buy Sovereign Green Bonds in India’s IFSC and remit proceed...

August 12, 2024 429 Views 0 comment Print

RBI Circular: Updated Guidelines for Remittances to IFSCs under LRS 2024

Fema / RBI : Read about RBI's latest circular on Liberalised Remittance Scheme (LRS) allowing expanded remittances to IFSCs, implications, and ...

July 10, 2024 633 Views 0 comment Print

Basel III Capital Regulations – Eligible Credit Rating Agencies (ECAI)

Fema / RBI : Understand RBI's latest guidelines on Basel III Capital Regulations and the use of credit ratings from accredited agencies like Br...

July 10, 2024 384 Views 0 comment Print

RBI Circular on Exim Bank’s USD 2.50 mn Solar Power Plant Line of Credit to Guyana

Fema / RBI : Explore RBI's latest circular detailing Exim Bank USD 2.50 mn Line of Credit to Guyana for a Solar PV Plant at Cheddi Jagan Int l ...

July 8, 2024 174 Views 0 comment Print

Online submission of Form A2: Removal of limits on remittance amount

Fema / RBI : The RBI now allows unlimited remittance via online Form A2 submission, enhancing ease of business for Authorised Dealers and custo...

July 3, 2024 720 Views 0 comment Print


Compounding of Offence under FEMA, 1999

August 25, 2020 1650 Views 0 comment Print

1. Relevant Section- Section 15 of the FEMA 1999 2. Maximum time of application-Within 180 days from the date of contravention under section 13 of FEMA 1999 3. Adjudicating Authority-RBI 4. Section 13 of the FEMA- General penalties under FEMA- if any person contravenes any provisions of FEMA, Rules, Regulations, Notifications, Direction or order issued  […]

FCGPR under FEMA/RBI

August 25, 2020 24588 Views 2 comments Print

1. Relevant Provision  Schedule 1 to Foreign Exchange Management (Transfer or issue of security by a person resident outside India) Regulations. 2. When these provisions attract? In case if investee company receiving FDI for issue of shares 3. Timelines Within 180 days of receipt of foreign investment and requires filling of FCGPR with RBI regarding […]

Students going abroad : FEMA aspect

August 20, 2020 12153 Views 0 comment Print

Over the past five years India has become not only the world’s second-largest sending market – after only China – but also one of the fastest-growing sources of outbound students. Now, there are many provisions of FEMA which is applicable to students going abroad such as their Residential status, Remittance facilities, Educational loans to make […]

What is residential status under Foreign Exchange Management Act, 1999

August 11, 2020 62325 Views 1 comment Print

Determining the residential status is the starting point to understand the: – The extent to which a person is regulated for cross border transactions; –The extent of the Income-tax liability. Two laws were residential status is most relevant are Income-tax Act, 1961 (ITA) and Foreign Exchange and Management Act, 1999 (FEMA). We often mix the […]

Foreign Exchange Management (Export and Import of Currency) (Amendment) Regulations, 2020

August 11, 2020 2979 Views 0 comment Print

Reserve Bank’s power to permit export or import of currency: Notwithstanding anything contained in these regulations, the Reserve Bank may, on an application made to it and on being satisfied that it is necessary to do so, allow any person to take or send out of India to any country or bring into India from any country currency notes of Government of India and /or of Reserve Bank of India subject to such terms and conditions as the Reserve Bank may stipulate.

Foreign Collaboration- General Permission Route

August 6, 2020 2649 Views 0 comment Print

FCGPR is required to be filed with the RBI for issue of shares through Bonus/Right issue by an Indian company to a person resident outside India/body corporate incorporated outside India. Website: https://firms.rbi.org.in/firms/ Due date for filling: Within 30 days from the date of issue of shares TYPE OF REGISTRATION: Entity User Registration- (If an entity […]

FERA Offence Liability depends on Role in Company Affairs & Not on Mere Designation or Status: SC

August 5, 2020 2364 Views 0 comment Print

Shailendra Swarup Vs Deputy Director (Supreme Court of India) Section 68 of FERA, 1973 deals with Offences by companies. Section 68(1) provides that every person who, at the time of the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as […]

Issue of Convertible Notes by an Indian Start-up Company

August 2, 2020 9444 Views 0 comment Print

Start-ups eco system is always dynamic and volatile. They are always in search of the innovative funding and that also in a cost effective manner. In order to promote start-ups, government always comes out with innovative initiatives either they give exemption from regulatory requirements or provide cost effective funding. One of the step taken by […]

Raising of Funds Through Compulsorily Convertible Debentures

August 2, 2020 177340 Views 9 comments Print

Broadly any company issuing Compulsorily Convertible Debentures (CCD) will be required to comply following laws in India, which are as under: 1. Companies Act 2013 2. Foreign Exchange Management Act ( FEMA) 3. Income Tax Act, 1961. The overview of some of the provision of above laws to be taken into consideration before choosing CCDs as instrument for raising funds by a private limited company

Comparison between Liaison Office, Project Office & Branch Office

July 31, 2020 5988 Views 0 comment Print

Liaison Office Companies incorporated outside India can open ‘Liaison Office’ (also known as representative office) in India. Liaison office is a place of business to act as a channel of communication between the principal place of business or Head Office.  The Liaison office can undertake only liaison activities, it is not allowed to undertake any […]

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