Category Archives: FEMA

FOREIGN INVESTMENT IN INDIA

By | October 10, 2015

FOREIGN INVESTMENT IN INDIA MASTER CIRCULAR NO.15/2015-16, DATED 1-7-2015 Foreign investment in India is governed by sub-section (3) of Section 6 of the Foreign Exchange Management Act, 1999 read with Notification No. FEMA 20/2000-RB dated May 3, 2000, as amended from time to time. The regulatory framework and instructions issued by the Reserve Bank have… Read More »

No seizure of assets in India if value of foreign asset acquired in breach of FEMA is below 1 crore

By | October 8, 2015

MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 16th September, 2015 G.S.R. 701(E).—In exercise of the powers conferred by the proviso to sub-section (1) of Section 37A of the Foreign Exchange Management Act, 1999 (42 of 1999), the Central Government hereby prescribes the mandatory threshold of the aggregate value of Foreign Exchange, Foreign… Read More »

INVESTMENT IN SHARES OUTSIDE INDIA

By | August 15, 2015

INVESTMENT IN SHARES OUTSIDE INDIA INVESTMENT IN FOREIGN SECURITY Question : What are the types of Investment in foreign security ? Transfer or issue of foreign security has three aspects. – (a) Issue of ADR/GDR/FCCB (b) Investment in Joint Venture/Wholly Owned Subsidiary abroad (JV/WOS) (c) Investment by Indian resident or body corporate. Provisions relating to all… Read More »

LENDING IN FOREIGN CURRENCY

By | August 14, 2015

LENDING IN FOREIGN CURRENCY Question: Who can lend in Foreign Currency ? A ) Lending by Authorised Dealers Provisions are contained in Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) Regulations, 2000. If the required conditions are not satisfied, borrowing or lending is permissible only with permission of RBI. An authorised dealer in India… Read More »

Borrowing in Rupees on basis of guarantee issued by NRI

By | August 14, 2015

Borrowing in Rupees on basis of guarantee issued by NRI Question : Can the Person resident outside India gave guarantee of a loan  taken in Indian currency by resident in India from another  person resident in India ? A person resident in India can borrow in Indian rupees from another person resident in India. Such loan can be guaranteed by a… Read More »

Trade Credits for imports into India

By | August 14, 2015

Trade Credits for imports into India Question : What is the meaning of trade credits ? Trade credit means foreign currency credit/loan extended for imports into India, by overseas supplier, bank and Financial Institution for original maturity of less than three years – Schedule III of Foreign Exchange Management (Borrowing or Lending in Foreign Exchange)… Read More »

Foreign Currency loan Questions and Answers

By | August 14, 2015

Foreign Currency loan Question:  Whether the A person resident in India can borrow in foreign currency ? A person resident in India can raise foreign currency loans with permission of RBI. Provisions are prescribed in Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) Regulations, 2000. The borrowing in foreign exchange may be from an overseas… Read More »

Investment by NRI in partnership firm in India

By | August 14, 2015

Investment by NRI in partnership in India Question : Whether the NRI Can invest in partnership or proprietorship firm  in India ? are there any restrictions ? Investment by NRI/PIO in partnership/proprietary concern NRI/PIO resident outside India can invest by way of capital of a partnership firm or a proprietary concern on non-repatriation basis, provided that the… Read More »