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FEMA

Latest Articles


Regulatory Compliance for Wholly Owned Subsidiaries of Foreign Companies in India

Fema / RBI : Learn key regulatory requirements for wholly owned subsidiaries of foreign companies in India, including compliance under the Comp...

March 4, 2025 657 Views 0 comment Print

Residential Status- ITA vs FEMA

Income Tax : Understand the differences in residential status under the Income Tax Act and FEMA for Indians working abroad. Know tax implicatio...

February 25, 2025 642 Views 0 comment Print

FEMA Compounding Regulations and Process

Fema / RBI : Introduction to Compounding Compounding of contraventions is a voluntary process where an individual or entity admits a contravent...

February 18, 2025 600 Views 0 comment Print

Compounding Regulations under FEMA

Fema / RBI : Learn about the FEMA compounding process, authorities, and rules for resolving foreign exchange contraventions with the updated Fo...

February 17, 2025 738 Views 0 comment Print

Establishment of Project Office in India: Process & Requirements

Fema / RBI : Foreign companies can establish a project office in India for specific operations. Learn about RBI approval, documentation, and co...

February 5, 2025 459 Views 0 comment Print


Latest News


FEMA Regulations Amended for Forex Violation Settlement

Fema / RBI : New FEMA rules allow settlement of foreign exchange violations with penalties up to ₹5 crore. Pending cases will follow earlier ...

February 6, 2025 171 Views 0 comment Print

FEMA Regulations Amended: Compounding Violations Up to ₹5 Crore

Fema / RBI : The Government amended FEMA regulations, enabling resolution of violations up to ₹5 crore by paying fines. Ongoing cases follow ...

November 28, 2024 621 Views 0 comment Print

BCAS Provides Feedback on RBI’s Draft FEMA Regulations

Fema / RBI : BCAS submits feedback on RBI's draft FEMA regulations, highlighting liberalized rules aimed at enhancing Ease of Doing Business. B...

September 1, 2024 285 Views 0 comment Print

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 990 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 510 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 906 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 831 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 2397 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 1410 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 1686 Views 0 comment Print


Latest Notifications


RBI Guidelines on $120M Credit Line to Vietnam for Guard Boats

Fema / RBI : RBI outlines Exim Bank’s $120M credit line to Vietnam for High-Speed Guard Boats. Includes disbursement details, export complian...

February 13, 2025 66 Views 0 comment Print

RBI Guidelines on $180M Credit Line to Vietnam for Patrol Vessels

Fema / RBI : RBI issues guidelines for Exim Bank’s $180M credit line to Vietnam for Offshore Patrol Vessels. Details on disbursement, export ...

February 13, 2025 165 Views 0 comment Print

RBI Amends FEMA Rules on Payment Methods for ACU Members

Fema / RBI : RBI revises FEMA regulations, modifying payment rules for Asian Clearing Union (ACU) members, excluding Nepal and Bhutan. Changes ...

February 10, 2025 417 Views 0 comment Print

RBI Amends Foreign Exchange Receipt and Payment Rules

Fema / RBI : RBI updates FEMA regulations, revising payment rules for ACU member countries. The amendment affects foreign exchange transactions...

February 4, 2025 687 Views 0 comment Print

RBI Revises FEMA Regulations to encourage INR Trade Settlement

Fema / RBI : RBI updates FEMA regulations to encourage Indian Rupee and local currencies for cross-border transactions. Learn about the revised...

January 16, 2025 651 Views 0 comment Print


New Company Vs Branch Office by Foreign Company

August 28, 2020 4104 Views 0 comment Print

Foreign company can commence business in India either by : 1) Opening a new Company in India and 2) Opening a Branch office in India. The procedural & documentation requirement along with our recommendation summarized below OPENING NEW COMPANY IN INDIA:–  To start business in India a New Private Limited Company can be formed in […]

Compounding of Offence under FEMA, 1999

August 25, 2020 1686 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 25146 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 12645 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 64722 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 3105 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 2841 Views 1 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 2415 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 9501 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 179890 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

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