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.

FEMA Compliance and Advisory

Our experts provide detailed guidance on FEMA regulations, helping businesses stay compliant while managing foreign exchange transactions. We keep you updated on regulatory changes and assist in understanding their impact on your business.

ODI, FDI, ECB, Other Capital & Current Account Transactions

We assist clients with documentation and procedural requirements. Our team helps with approvals, reporting, and compliance, ensuring all transactions adhere to RBI and FEMA guidelines.

Annual Compliance and Regulatory Filings

We handle annual compliance requirements, ensuring that your business is always up to date with FEMA mandates, minimizing any potential for non-compliance penalties.

Specialized FEMA Opinions

For specific FEMA-related queries, our team offers customized opinions, clarifying regulations and offering strategic solutions to complex scenarios.

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?

Schedule Your Consultation