FEMA Compliance

Khandhar Mehta and Shah | FEMA Compliance

FEMA Compliance

Globalization has crept in most of the industry sectors in India.

Indian companies are engaging in several international transactions, investments, mergers, and acquisitions. Furthermore, the speed at which the Indian economy is growing, it has attracted foreign investors. It has led to an upsurge in the investments from India in international markets and from foreign companies into India. All these give rise to increased requirements as to the Foreign Exchange Management Act (FEMA) Compliances for inbound and outbound investments. We provide FEMA advisory services in the matters related to forex transactions and ensure a thorough FEMA Compliance with the various requirements of FEMA.

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FEMA Advisory Services

Our efficient FEMA compliance services include:

Foreign Direct Investment (FDI)

With liberalization taking place all over the world, foreign investors are free to invest directly in India under the automatic route. However, some sectors require regulatory approvals from the authorities. Our FEMA Advisory Services include complete compliance with regulatory requirements as to inbound investment in the form of FDI, whether by way of the direct route or approval route.


Foreign Direct Investment (FDI)

With liberalization taking place all over the world, foreign investors are free to invest directly in India under the automatic route. However, some sectors require regulatory approvals from the authorities. Our FEMA Advisory Services include complete compliance with regulatory requirements as to inbound investment in the form of FDI, whether by way of the direct route or approval route.

Advising for and handling the overseas direct investments gst low

KMS’s proficient team of FEMA advisors ensure strategic planning for clients’ overseas investments under the regulations of FEMA. We handle the documentation, reporting requirements, and liaisoning with RBI through authorized banks for such outbound investment. Whether it’s a direct investment outside India under the automatic route or approval route, we provide our expert help and guidance to see that the transaction gets through smoothly in a timely manner.

Our FEMA advisors guide you in making ready required documents like ODI form, PAN card copy, request letter describing the transaction, copy of the certificate of incorporation of an overseas company, MOA of the foreign subsidiary, details of the Indian party including its financial statements, debit authority letter, FEMA declaration, confirmation on the name of the statutory auditors of the company, and board resolution for the formation of an overseas subsidiary with details of the proposed investment and authorized signatory.


Advising for and handling the overseas direct investments gst low

KMS’s proficient team of FEMA advisors ensure strategic planning for clients’ overseas investments under the regulations of FEMA. We handle the documentation, reporting requirements, and liaisoning with RBI through authorized banks for such outbound investment. Whether it’s a direct investment outside India under the automatic route or approval route, we provide our expert help and guidance to see that the transaction gets through smoothly in a timely manner.

Our FEMA advisors guide you in making ready required documents like ODI form, PAN card copy, request letter describing the transaction, copy of the certificate of incorporation of an overseas company, MOA of the foreign subsidiary, details of the Indian party including its financial statements, debit authority letter, FEMA declaration, confirmation on the name of the statutory auditors of the company, and board resolution for the formation of an overseas subsidiary with details of the proposed investment and authorized signatory.

External Commercial Borrowing (ECB)

ECB is an essential source of finance for Indian companies. ECB related transactions include bank loans, suppliers’ credit, fixed-rate bonds etc. Our FEMA Compliance Services include advisory on ECBs, filing of related forms, and documentation to various authorities in India.


External Commercial Borrowing (ECB)

ECB is an essential source of finance for Indian companies. ECB related transactions include bank loans, suppliers’ credit, fixed-rate bonds etc. Our FEMA Compliance Services include advisory on ECBs, filing of related forms, and documentation to various authorities in India.

RBI-related transactions

We guide individuals under the Liberalized Remittance Scheme (LRS) to remit money to foreign countries for education, travel, etc.

Filing of annual returns is a critical task that companies must comply with frequently, specifically the annual return on Foreign Liabilities and Assets (FLA). All the Indian companies, which have received FDI and made investments abroad in the previous years, must submit the FLA every year within the deadlines.

We provide FEMA compliance services where our team of committed FEMA advisors help the clients in obtaining these permissions, reporting, and filing annual returns in quick time to avoid delays.


RBI-related transactions

We guide individuals under the Liberalized Remittance Scheme (LRS) to remit money to foreign countries for education, travel, etc.

Filing of annual returns is a critical task that companies must comply with frequently, specifically the annual return on Foreign Liabilities and Assets (FLA). All the Indian companies, which have received FDI and made investments abroad in the previous years, must submit the FLA every year within the deadlines.

We provide FEMA compliance services where our team of committed FEMA advisors help the clients in obtaining these permissions, reporting, and filing annual returns in quick time to avoid delays.

Transaction based FEMA Consultancy Services

Our FEMA advisors ensure the compliance of our esteemed client companies with any of the FEMA-relevant provisions. We help in the planning of business matters, transactions, and agreements in accordance with the FEMA guidelines.

Our team of FEMA experts also enables the clients to plan their tax liability of foreign transactions or any dual payments on the same income through its experience in FEMA laws and guidelines. Our highly knowledgeable FEMA consultants provide the FEMA advisory services such as consultation for India entry strategy, investment strategy, legal structure selection, other compliances required to operate in India, and other external trade-related compliances.


Transaction based FEMA Consultancy Services

Our FEMA advisors ensure the compliance of our esteemed client companies with any of the FEMA-relevant provisions. We help in the planning of business matters, transactions, and agreements in accordance with the FEMA guidelines.

Our team of FEMA experts also enables the clients to plan their tax liability of foreign transactions or any dual payments on the same income through its experience in FEMA laws and guidelines. Our highly knowledgeable FEMA consultants provide the FEMA advisory services such as consultation for India entry strategy, investment strategy, legal structure selection, other compliances required to operate in India, and other external trade-related compliances.

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frequently asked questions(faqs)

Investment by an individual or a firm in one country into business interests located in another country is defined as FDI. There are two ways to receive it: Automatic route, where prior approval of government or Reserve Bank of India (RBI) is not required; another is the approval route, where prior approval of government is required.
ECB is the borrowings or loans or debts that an eligible entity in India takes from a recognized entity outside India for commercial purposes by complying with the norms of the RBI. These borrowings may be in the form of suppliers’ credit, securitized instruments, buyers’ credit, or bank loans.
ODI is the investments made by Indian entities in overseas entities either by subscription to the MOA of a foreign entity, contribution to their capital, or by the purchase of existing shares of a foreign entity through market purchase or private placement or stock exchange, excluding portfolio investment.
RBI’s scheme that allows resident individuals, including minors, to remit a certain amount of money that is fixed by the RBI during a financial year to another country for expenditure and investment purposes is called the LRS. The money can be spent for any purposes such as tourism, asset purchase, education, etc., except for a few prohibited items such as the purchase of lottery tickets, trading in foreign exchange abroad, for margin calls to overseas exchanges or overseas counterparties, or other restrictions by the RBI.