Blog Archives

Setting up foreign Company In India !!!- A complete Guide

INCORPORATION OF COMPANY BY FOREIGN NATIONALS? Incorporation of Company by Foreign Nationals/ Non Resident Indian/ Overseas Citizen Of India (OCI) is a cumbersome process and subject to Regulatory approvals. The laws which here are of concern are: 1. Companies Act, 2013 2. Foreign Exchange Management Act, 1999. FEMA PERSPECTIVE Starting point of Foreign investment is […]

Can A Foreign National Start A Business In India Without Being A Resident?

A Foreign National can start a business in India without being a Resident and one can setup up a new business in India in any of the following ways: A. Limited Company (Private Limited/Public Limited Company) B. Limited Liability Partnership (LLP) C. Branch Office or Liaison/Representative Office, Project Office A. LIMITED COMPANY A non-resident Indians […]

Analysis of Compounding Orders under FEMA

ANALYSIS OF COMPOUNDING ORDERS ISSUED BY AUTHORITY YEAR 2020  1) Transfer or Issue of Security by a Person Resident Outside India (Inbound Investment) (FEMA 20/2000-RB), Taking on record transfer of shares from resident to non-resident. Applicant M/s W. Hunger Hydraulics India Private Limited Compounding Application Number C.A. No. 126/2019 Amount imposed under Compounding Order Rs. […]

Issue of rights shares: Acquisition after renunciation of rights by PROI shall be subject to pricing guidelines

Foreign investments into India to acquire equity instruments of an Indian company are primarily regulated in terms of the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (NDI Rules). ‘Equity Instruments’ means equity shares, convertible debentures, preference shares and share warrants issued by an Indian company. [Rule 2(k) of NDI Rules] Pursuant to the amendments to […]

Know Person Resident Outside India & NRI under FEMA

Know Person Resident Outside India (PROI) and Non-Resident Indian (NRI) under FEMA Pursuant to the amendments to Foreign Exchange Management Act, 1999 (‘FEMA’) through Finance Act, 2015, recently, the Ministry of Finance notified the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (“the Nondebt Instruments Rules”) vide Notification No. 3732(E) dated 17th October, 2019 and Foreign […]

Classification of Debt & Non-Debt Instruments under FEMA

The Ministry of Finance, Government of India has now classified instruments issued under Foreign Exchange Management Act, 1999 (FEMA) as debt and non-debt instruments and has notified the rules/ regulations in this regard. The Finance Act of 2015 had proposed certain amendments to the Foreign Exchange Management Act, 1999. The Central Government (“CG”), vide sections […]

FDI under NDI Rules i.e. Foreign Exchange Management (Non-debt Instruments) Rules, 2019

For a country where capital is not readily available, Foreign Direct Investment (FDI) has been an important source of funds for companies. Under FDI, overseas money, either by an individual or entity, is invested in an Indian company FDI in India is regulated by the Foreign Exchange Management Act, 1999 (FEMA) and the master circular/ […]

FDI under NDI Rules i.e. Foreign Exchange Management (Non-debt Instruments) Rules, 2019

For a country where capital is not readily available, Foreign Direct Investment (FDI) has been an important source of funds for companies. Under FDI, overseas money, either by an individual or entity, is invested in an Indian company FDI in India is regulated by the Foreign Exchange Management Act, 1999 (FEMA) and the master circular/ […]

Overseas Direct Investments-Ready Reckoner of Regulation-Quick Insight

Introduction: Overseas Direct Investments (ODI) in the Indian Context means, any capital outflows / investments made by Indian residents in a foreign country but does not include portfolio investment. As more companies involve themselves with foreign investments, the importance of the Foreign Exchange Management Act (FEMA) regulations and their compliance becomes a major part of the […]

Compounding of Contraventions/offences under FEMA, 1999

Replacing Foreign Exchange Regulation Act, 1974 (FERA) with Foreign Exchange Management Act, 1999 (FEMA) was a welcome move giving abundant opportunity and confidence to Indian Business, to go global fearlessly, by liberalizing the laws and taking out the draconian portion of law with relaxing provisions. It took more than 50 years to realize and implement […]

Central Government now empowered to specify classes of permissible capital account transactions in respect of Non- Debt Instruments

Amendment through the Finance Act of 2015 The Finance Act of 2015 had proposed certain amendments to the Foreign Exchange Management Act, 1999 (“FEMA”). The Central Government (CG), vide sections 138 to 144 of Finance Act 2015, brought changes to FEMA. The said changes were not notified for long time. However, after a long delay, […]

Indian Businesses with ODI await clarifications – Are regulators listening?

Indian Businesses with Overseas Direct Investment (ODI) await clarifications – Are the regulators listening? Indian entrepreneurs found the outlet to tap into the foreign markets and mark their presence in foreign lands, thanks to liberalization brought in by Foreign Exchange Management Act 1999 (FEMA), allowing much-needed relaxation. Necessary changes have been made in regulations under […]

Overseas Direct Investment Without Remittance of Funds From India

An investment outside India can be done by an Indian party or an individual or (single or in association with another resident individual or with an ‘Indian Party’). All resident individuals, including minors, are allowed to freely remit up to USD 250,000 per financial year. An Indian Party can make overseas direct investment in any […]

Compounding of Offence under FEMA, 1999

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

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 […]