FEMA & FDI Ready Reckoner provides complete and accurate information about all provisions of the Foreign Exchange Management Act, 1999 (FEMA). It also includes guidance on all practical issues faced by companies and FEMA professionals.
Key features of this book are as follows:
• Topic-wise commentary on FEMA
• Analysis of all provisions of FEMA with relevant Rules, Judicial Pronouncements, Circulars, Notifications and Master Directions issued by Reserve Bank of India
• Law Relating to the following
◦ Prevention of Money Laundering Act
◦ Foreign Contribution (Regulation) Act
◦ COFEPOSA
The Present Publication is the 15th Edition, and it is amended up to 30th June 2021. The coverage of this book is as follows:
• FEMA – Overview
• Authorised Person under FEMA
• Account in India by Person Resident out of India
• Accounts of Indian Residents in Foreign Currency
• Receipt and Payment in Foreign Exchange
• Realisation, Repatriation and Surrender of Foreign Exchange
• Money Changing Activities
• Money Transfer Service Scheme (MTSS)
• Possession and Retention of Foreign Currency
• Export and Import of Currency or Currency Notes
• Remittances on Current Account
• Liberalised Remittance Scheme (LRS)
• Export of Goods and Services
• Import of Goods and Services
• Project Exports and Service Exports
• Foreign Exchange Rates
• Overview of Capital Account Transactions
• Foreign Investment in India
• FDI in Indian Company
• Section Wise FDI Policy at a Glance
• FDI – Downstream Investment, i.e. Indirect Investment
• FDI through Rights, Bonus, Sweat Equity or Merger/Amalgamation
• FDI – Transfer of Securities
• FDI in LLP
• FDI in GDR/ADR
• Investment by NRI or OCI
• FDI in Startup Company
• Investment by Foreign Portfolio Investors
• FDI in Investment Vehicle
• FDI by FVCI
• FDI – Investment in Securities by Funds, Foreign Central Bank, etc.
• Investment by Indian Entity in JV/WOS Abroad
• Guarantees
• Insurance
• Borrowing and Lending in Foreign Currency
• Borrowing and Lending in Indian Rupees
• Foreign Investment in Debt Instruments
• External Commerical Borrowings
• Trade Credit (TC) and Structured Obligations
• Acquisitions and Transfer of Immovable Property in India
• Acquisition and Transfer of Immovable Property out of India
• Remittance of Assets
• Branch/LO/Project Office in India by Foreign Entities
• Indian Depository Receipts
• Risk Management and Inter-Bank Dealings
• VOSTRO Account of Non-Resident Exchange Houses
• Industrial Policy of Government of India
• Enforcement of FEMA
• Penalties under FEMA
• Appeals under FEMA
• Compounding of Contraventions under FEMA
• Prevention of Money Laundering Act
• Foreign Contribution (Regulation) Act (FCRA)
• COFEPOSA, 1974
4. ACRONYMS USED IN FEMA & FDI I-9
CHAPTER 1
FEMA - OVERVIEW 1
CHAPTER 2
AUTHORISED PERSON UNDER FEMA 8
CHAPTER 3
ACCOUNTS IN INDIA BY PERSON RESIDENT OUT OF INDIA 16
CHAPTER 4
ACCOUNTS OF INDIAN RESIDENTS IN FOREIGN CURRENCY 29
CHAPTER 5
RECEIPT AND PAYMENT IN FOREIGN EXCHANGE 40
CHAPTER 6
REALISATION, REPATRIATION AND SURRENDER OF FOREIGN
EXCHANGE 45
CHAPTER 7
MONEY CHANGING ACTIVITIES 48
CHAPTER 8
MONEY TRANSFER SERVICE SCHEME (MTSS) 60
CHAPTER 9
POSSESSION AND RETENTION OF FOREIGN CURRENCY 65
CHAPTER 10
EXPORT AND IMPORT OF CURRENCY OR CURRENCY NOTES 67
CHAPTER 11
REMITTANCES ON CURRENT ACCOUNT 71
0!'%
I-5
Contents
5. CHAPTER 12
LIBERALISED REMITTANCE SCHEME (LRS) 86
CHAPTER 13
EXPORT OF GOODS AND SERVICES 94
CHAPTER 14
IMPORT OF GOODS AND SERVICES 133
CHAPTER 15
PROJECT EXPORTS AND SERVICE EXPORTS 155
CHAPTER 16
FOREIGN EXCHANGE RATES 157
CHAPTER 17
OVERVIEW OF CAPITAL ACCOUNT TRANSACTIONS 164
CHAPTER 18
FOREIGN INVESTMENT IN INDIA 169
CHAPTER 19
FDI IN INDIAN COMPANY 178
CHAPTER 20
SECTOR WISE FDI POLICY AT A GLANCE 199
CHAPTER 21
FDI - DOWNSTREAM INVESTMENT I.E. INDIRECT INVESTMENT 208
CHAPTER 22
FDI THROUGH RIGHTS, BONUS, SWEAT EQUITY OR MERGER/
AMALGAMATION 215
CHAPTER 23
FDI - TRANSFER OF SECURITIES 221
CHAPTER 24
FDI IN LLP 236
CHAPTER 25
FDI IN GDR/ADR 239
CHAPTER 26
INVESTMENT BY NRI OR OCI 245
#/.4%.43 I-6
0!'%
6. CHAPTER 27
FDI IN STARTUP COMPANY 259
CHAPTER 28
INVESTMENT BY FOREIGN PORTFOLIO INVESTOR 262
CHAPTER 29
FDI IN INVESTMENT VEHICLE 269
CHAPTER 30
FDI BY FVCI 272
CHAPTER 31
FDI - INVESTMENT IN SECURITIES BY FUNDS, FOREIGN
CENTRAL BANK ETC. 275
CHAPTER 32
INVESTMENT BY INDIAN ENTITY IN JV/WOS ABROAD 277
CHAPTER 33
GUARANTEES 306
CHAPTER 34
INSURANCE 311
CHAPTER 35
BORROWING AND LENDING IN FOREIGN CURRENCY 319
CHAPTER 36
BORROWING AND LENDING IN INDIAN RUPEES 324
CHAPTER 37
FOREIGN INVESTMENT IN DEBT INSTRUMENTS 331
CHAPTER 38
EXTERNAL COMMERCIAL BORROWINGS 342
CHAPTER 39
TRADE CREDIT (TC) AND STRUCTURED OBLIGATIONS 358
CHAPTER 40
ACQUISITION AND TRANSFER OF IMMOVABLE PROPERTY IN
INDIA 365
I-7 #/.4%.43
0!'%
7. CHAPTER 41
ACQUISITION AND TRANSFER OF IMMOVABLE PROPERTY OUT
OF INDIA 371
CHAPTER 42
REMITTANCE OF ASSETS 373
CHAPTER 43
BRANCH/LO/PROJECT OFFICE IN INDIA BY FOREIGN ENTITIES 377
CHAPTER 44
INDIAN DEPOSITORY RECEIPTS 393
CHAPTER 45
RISK MANAGEMENT AND INTER-BANK DEALINGS 400
CHAPTER 46
VOSTRO ACCOUNT OF NON-RESIDENT EXCHANGE HOUSES 403
CHAPTER 47
INDUSTRIAL POLICY OF GOVERNMENT OF INDIA 406
CHAPTER 48
ENFORCEMENT OF FEMA 412
CHAPTER 49
PENALTIES UNDER FEMA 415
CHAPTER 50
APPEALS UNDER FEMA 421
CHAPTER 51
COMPOUNDING OF CONTRAVENTIONS UNDER FEMA 425
CHAPTER 52
PREVENTION OF MONEY LAUNDERING ACT 437
CHAPTER 53
FOREIGN CONTRIBUTION (REGULATION) ACT (FCRA) 470
CHAPTER 54
COFEPOSA, 1974 496
SUBJECT INDEX 511
#/.4%.43 I-8
0!'%
43. Banks should not finance to facilitate capital account remittances
ANKS
SHOULD
NOT
EXTEND
ANY
KIND
OF
CREDIT
FACILITIES
TO
RESIDENT
INDIVIDUALS
TO
FACILITATE
CAPITAL
ACCOUNT
REMITTANCES
UNDER
THE
3CHEME
0ARA
!
OF
2)
$%$
-ASTER
$IRECTION
.O
DATED
12.2-2 LRS for current account transactions
4HE
,23
LIMIT
OF
53$
78. ,23
CAN
BE
USED
FOR
FOLLOWING
PURPOSES
Purchase of objects or art
2EMITTANCES
UNDER
THE
3CHEME
CAN
BE
USED
FOR
PUR-
CHASING
OBJECTS
OF
ART
SUBJECT
TO
THE
PROVISIONS
OF
OTHER
APPLICABLE
LAWS
SUCH
AS
THE
EXTANT
OREIGN
4RADE
0OLICY
OF
THE
'OVERNMENT
OF
)NDIA
0ARA
!
OF
2)
$%$
-ASTER
$IRECTION
.O
DATED
Remittances by DD for permissible transactions
4HE
3CHEME
CAN
BE
USED
FOR
OUTWARD
REMITTANCE
IN
THE
FORM
OF
A
$$
EITHER
IN
THE
RESIDENT
INDIVIDUALS
OWN
NAME
OR
IN
THE
NAME
OF
BENElCIARY
WITH
WHOM
HE
INTENDS
PUTTING
THROUGH
THE
PERMISSIBLE
TRANSACTIONS
AT
THE
TIME
OF
PRIVATE
VISIT
ABROAD
81. AS
AMENDED
FROM
TIME
TO
TIME
2)
!0
$)2
3ERIES
#IRCULAR
.O
DATED
12.2-4 Prohibited transactions under LRS
OLLOWING
TRANSACTIONS
ARE
PROHIBITED
Purposes prohibited under Current Account transaction rules
4HE
3CHEME
IS
NOT
AVAILABLE
FOR
REMITTANCES
FOR
ANY
PURPOSE
SPECIlCALLY
PROHIBITED
UNDER
3CHEDULE
)
OR
ANY
ITEM
RESTRICTED
UNDER
3CHEDULE
))
OF
OREIGN
%XCHANGE
-ANAGEMENT
#URRENT
89 ,23
/
53$
85. AS
AMENDED
FROM
TIME
TO
TIME
0ARA
!
OF
2)
$%$
-ASTER
$IRECTION
.O
DATED
Capital account remittances to FATF countries
4HE
3CHEME
IS
NOT
AVAILABLE
FOR
CAPITAL
ACCOUNT
REMITTANCES
TO
COUNTRIES
IDENTIlED
BY
INANCIAL
!CTION
4ASK
ORCE
!4
AS
NON
CO
OPERATIVE
COUNTRIES
AND
TERRITORIES
AS
AVAILABLE
ON
!4
WEBSITE
WWWFATF
GAlORG
OR
AS
NOTIlED
BY
THE
2ESERVE
ANK
2EMITTANCES
DIRECTLY
OR
INDIRECTLY
TO
THOSE
INDIVIDUALS
AND
ENTITIES
IDENTIlED
AS
POSING
SIGNIlCANT
RISK
OF
COMMITTING
ACTS
OF
TERRORISM
AS
ADVISED
SEPARATELY
BY
THE
2ESERVE
ANK
TO
THE
BANKS
IS
ALSO
NOT
PERMITTED
0ARA
!
OF
2)
$%$
-ASTER
$IRECTION
.O
DATED
12.3 Documentation by the remitter for availment of LRS
4HE
INDIVIDUAL
WILL
HAVE
TO
DESIGNATE
A
BRANCH
OF
AN
!$
THROUGH
WHICH
ALL
THE
RE-
MITTANCES
UNDER
THE
3CHEME
WILL
BE
MADE
4HE
RESIDENT
INDIVIDUAL
SEEKING
TO
MAKE
THE
REMITTANCE
SHOULD
FURNISH
ORM
!
FOR
PURCHASE
OF
FOREIGN
EXCHANGE
UNDER
,23
;FORM
!
GIVEN
AS
ANNEX
IN
2)
$%$
-ASTER
$IRECTION
.O
DATED
=
0ARA
!
OF
2)
$%$
-ASTER
$IRECTION
.O
DATED
)T
IS
MANDATORY
FOR
THE
RESIDENT
INDIVIDUAL
TO
PROVIDE
HISHER
0ERMANENT
!CCOUNT
.UMBER
0!.
TO
MAKE
REMITTANCE
UNDER
THE
3CHEME
Funds can be retained and invest abroad
)NVESTOR
92. AS
AMENDED
0ARA
!
OF
2)
$%$
-ASTER
$IRECTION
.O
DATED
Investor can retain and reinvest income under LRS -
!N
INVESTOR
CAN
RETAIN
AND
REINVEST
THE
INCOME
EARNED
ON
INVESTMENTS
MADE
UNDER
THE
,IBERALISED
2EMITTANCE
3CHEME
0ARA
b
OF
2)
%$
-ASTER
$IRECTION
.O
ON
@-ISCELLANEOUS
12.4 Facility to grant loan in rupees to NRI/OCI close relative under the
Scheme
2ESIDENT
INDIVIDUAL
IS
PERMITTED
TO
LEND
TO
A
.ON
RESIDENT
)NDIAN
.2) /VERSEAS
#ITIZEN
OF
)NDIA
/#)
CLOSE
RELATIVE
;@RELATIVE
AS
DElNED
IN
3ECTION
OF
THE
#OMPANIES
!CT
128. No credit facilities to applicant for capital account transactions
!$
BANK
SHOULD
NOT
EXTEND
ANY
KIND
OF
CREDIT
FACILITIES
TO
RESIDENT
INDIVIDUALS
TO
FACILITATE
REMITTANCES
FOR
CAPITAL
ACCOUNT
TRANSACTIONS
UNDER
THE
3CHEME
NoremittanceofcapitalaccounttransactionstoFATFcountries
!UTHORISED
$EALER
MAY
KEEP
A
RECORD
OF
THE
COUNTRIES
IDENTIlED
BY
!4
AS
NON
CO
OPERATIVE
COUNTRIES
AND
TERRITORIES
AND
ACCORDINGLY
UPDATE
THE
LIST
FROM
TIME
TO
TIME
FOR
NECESSARY
AC-
TION
BY
THEIR
BRANCHES
HANDLING
THE
TRANSACTIONS
UNDER
THE
,IBERALISED
2EMITTANCE
3CHEME
OR
THIS
PURPOSE
131. Foreign Banks and Indian Banks should not advertise LRS scheme without
approval of RBI
!
NUMBER
OF
FOREIGN
BANKS
OPERATING
IN
)NDIA
AS
WELL
AS
)NDIAN
BANKS
HAVE
BEEN
SOLICITING
THROUGH
ADVERTISEMENTS
FOREIGN
CURRENCY
DEPOSITS
FROM
RESIDENTS
UNDER
,23
;ON
BEHALF
OF
OVERSEAS
MUTUAL
FUNDS=
OR
FOR
PLACING
AT
THEIR
OVERSEAS
BRANCHES
4HESE
ADVERTISEMENTS
MAY
NOT
ALWAYS
CONTAIN
APPROPRIATE
DIS-
CLOSURES
TO
GUIDE
POTENTIAL
DEPOSITORS
GIVING
RISE
TO
CONCERNS
FROM
THE
POINT
OF
VIEW
OF
PROTECTING
THE
INTEREST
OF
THE
RESIDENT
INDIVIDUALS
URTHER
143. -UMBAI
12.6 Reporting to RBI
!$
#ATEGORY
)
BANKS
ARE
REQUIRED
TO
FURNISH
THE
INFORMATION
ON
REMITTANCES
MADE
UNDER
THE
,IBERALISED
2EMITTANCE
3CHEME
,23
ON
A
MONTHLY
BASIS
148. Rs. 1250 | USD 50
AUTHOR : TAXMANN
PUBLISHER : TAXMANN
DATE OF PUBLICATION : JULY 2021
EDITION : 15TH EDITION
ISBN NO : 9788195371440
NO. OF PAGES : 540
ORDER NOW
FEMA FDI
Ready Reckoner
DESCRIPTION
FEMA FDI Ready Reckoner provides complete and accurate information
about all provisions of the Foreign Exchange Management Act, 1999 (FEMA).
It also includes guidance on all practical issues faced by companies and FEMA
professionals. Key features of this book are as follows:
u Topic-wise commentary on FEMA
u Analysis of all provisions of FEMA with relevant Rules, Judicial Pronouncements, Circulars,
Notifications and Master Directions issued by Reserve Bank of India
u Law Relating to the following
n Prevention of Money Laundering Act
n Foreign Contribution (Regulation) Act
n COFEPOSA