Our FEMA Consultancy Services

The Foreign Exchange Management Act (FEMA), 1999 is a regulatory mechanism aims to support international trade and payments while ensuring the systematic growth and regulation of India's foreign exchange market.
The Reserve Bank of India (RBI) and Central Government serves as the authority responsible for issuing clearances and approvals related to FEMA transactions.

Overseas Direct investment (ODI) Reporting.

ODI refers to investments made by Indian companies or residents in foreign entities, such as joint ventures or subsidiaries. This can include purchasing equity shares, offering loans, or guaranteeing overseas investments. Our Team of Experts can handle the end to end process of filing ODI documents with your AD Bank.

Liberalized Remittance Scheme (LRS) for Individuals.

The Liberalized Remittance Scheme (LRS) is a scheme by the Reserve Bank of India(RBI) that allows Indian residents to invest/send up to USD 250,000 per financial year abroad. Our Experts can assist you with the preparation of documents for making overseas remittance under LRS.

Foreign Direct Investment (FDI) Reporting.

FDI involves investments made by foreign entities or individuals in Indian businesses. This can be in the form of equity investment, mergers and acquisitions, or joint ventures. Our Team of Experts can handle the end to end process of filing Form FC-GPR, Form FC-TRS and handle the approval process on FIRMS portal.

External Commercial Borrowings (ECB) Reporting.

When Indian Entity borrows money from outside India requirements of ECB reporting gets triggered and our team of Experts can assist in External Commercial Borrowings (ECB) reporting, ensuring timely and accurate compliance, filing of Form ECB 1, Form ECB 2, drafting of loan agreements etc.

Compliance for “Transfer of Shares” for Indian Company between Resident & Non-resident.

Transfer of shares takes place when shares of an Indian company are transferred between a resident and a non-resident. Our team can assist you with filing form FC-TRS as per the RBI Guidelines.

Compliance for “Transfer of Shares” for Foreign Company between Resident & Non-resident.

Transferring shares of a foreign company between a resident and a non-resident. Our team can offer assistance with filing of Form FC (for acquisition and Disinvestment), including preparation of Valuation Report of Foreign Company.

Compounding of Offenses

Individual or Entity can initiate the process of settling a violation by admitting the contravention and applying for compounding under the FEMA Act, 1999. This is in addition to the option of applying for compounding after receiving a Memorandum of Contravention (MoC) from the Reserve Bank of India (RBI). We offer consultation and guidance to file Compounding Application with RBI.

Advisory for Acquisition or Transfer of Immoveable Property in UAE.

There are certain restrictions and approvals required for buying an immovable property outside India. We can assist for the same.

Advisory on Import & Export of Goods and Services.

We offer end-to-end advisory on Import and Export of Goods and Services including resolving pending cases of Third Party Payments, EDPMS and IDPMS Portal, ensuring compliance with FEMA regulations. Our services can help the clients to navigate regulatory complexities, optimize transactions, and avoid penalties.

FEMA Due Diligence and Health Check.

Many MNC clients have structures created which are not in compliance with FEMA, our team will review the transactions and offer comprehensive FEMA Due Diligence and Health check services to ensure client is compliant. Our expert team identifies risks, gaps, and opportunities for optimization in foreign exchange transaction and cross-border dealings.

Filling of Annual Performance Report (APR).

We offer expert assistance in the preparation and filing of Annual Performance Reports (APR) for Overseas Direct Investment. Our services ensure timely compliance with RBI guidelines, accurate reporting, and avoidance of regulatory issues.

Filing of Foreign Liabilities and Assets (FLA) return.

We provide end-to-end support in the preparation and filing of the Foreign liabilities and Assets (FLA) return with RBI. Our services ensure accurate reporting, timely submission, and full compliance with regulations.

Overseas Direct Investment (ODI)

ODI refers to investments made by Indian companies or residents in foreign entities, such as joint ventures or subsidiaries. This can include purchasing equity shares, offering loans, or guaranteeing overseas investments.

Basic Filing Requirements for ODI:

  1. File Form FC and other documents with AD Bank to be filed within prescribed time.
  2. File Annual Performance Report (APR) by 31st Dec of each year with AD Bank.
  3. Indian entities has to file Foreign Assets and Liabilities (FLA) returns by 15th July every year.
  4. If there are any changes in shareholding or capital structure, additional filings must be done with the RBI

Foreign Direct Investment (FDI)

FDI involves investments made by foreign entities or individuals in Indian businesses.This can be in the form of equity investment, mergers and acquisitions, or joint ventures.

Basic Filing Requirements for FDI:

  1. Indian companies or LLP must file Form FC-GPR with the RBI within 30 days of the issuance. 
  2. For transfers of shares from a resident to a non-resident or vice-versa, Form FC-TRS is filed within 60 days of the transaction.
  3. Indian company or LLP have to file Foreign Assets and Liabilities (FLA) return by 15th July every year.
  4. If equity shares are issued to foreign employees under an employee stock ownership plan (ESOP), Form ESOP needs to be filed within 30 days of issuing shares.

External Commercial Borrowing (ECB)

External Commercial Borrowings are commercial loans raised by eligible resident entities from recognised non-resident entities and should conform to parameters such as minimum maturity, permitted and non-permitted end-uses, maximum all-in-cost ceiling, etc.

Liaison Office (LO), Branch Office (BO), and Project Office (PO)

At SK Patodia, we assist businesses in setting up Liaison Offices (LO), Branch Offices (BO), and Project Offices (PO) in India and abroad. Our services cover the regulatory approvals, compliance requirements, and documentation to help you expand globally while staying compliant with local laws and regulations.

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Our Process for Ensuring FEMA Compliance

Consultation

Start with a one-on-one consultation to discuss your business requirements and compliance concerns.

Strategy Development

Our experts develop a customized compliance strategy that aligns with your growth and transaction goals.

Implementation

We help execute the plan, offering full support and guidance throughout the process.

Ongoing Support

Stay compliant and updated with ongoing support from our team, ensuring you’re always ready for new opportunities.

Ready to Stay Compliant and Grow Internationally?

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