FEMA & RBI compliances

Our firm also undertakes comprehensive advisory and compliance services under the regulatory framework of the Reserve Bank of India (RBI) and the Foreign Exchange Management Act (FEMA), in addition to offering support for foreign regulatory and legal compliance matters. Our services in this domain are aimed at ensuring that businesses, whether operating domestically or across borders, remain fully compliant with applicable legal and procedural requirements. The key areas of our expertise include, but are not limited to, the following:

External Commercial Borrowings (ECBs):

We assist clients in availing borrowing facilities from foreign sources under the ECB framework. Our services include structuring of ECBs in compliance with the Master Directions issued by RBI, filing necessary forms such as ECB-2 returns, and liaising with Authorised Dealer banks for seamless execution and reporting.

Registration and Compliance for Non-Banking Financial Companies (NBFCs):

We assist in obtaining RBI registration for Non-Banking Financial Companies (NBFCs), including the preparation of necessary documentation, representation before regulatory authorities, and post-registration compliance. Our services also cover the timely preparation and filing of periodic returns and statements mandated by RBI for NBFCs.

Filing of Returns and Forms with RBI under FEMA:

We handle the end-to-end process of filing various statutory forms and returns with the Reserve Bank of India under FEMA regulations. This includes:

FC-GPR (Foreign Currency – Gross Provisional Return): For reporting the issue of shares to non-residents.

FC-TRS (Foreign Currency Transfer of Shares): For reporting transfer of shares between residents and non-residents.

FLA (Foreign Liabilities and Assets Return): Annual filing by Indian companies with foreign investments or overseas assets/liabilities.

Setting Up and Closure of Foreign Company Offices in India:

We assist foreign entities in establishing their presence in India through liaison offices, branch offices, or project offices, ensuring full compliance with RBI and Ministry of Corporate Affairs (MCA) regulations. Our services extend to the winding up or closure of such offices, including obtaining necessary approvals and completing procedural formalities.

Compounding of FEMA Offences:

We provide advisory and execution support for compounding of contraventions under FEMA. Our services include drafting and filing compounding applications with RBI, representation before the compounding authorities, and ensuring timely and efficient resolution of non-compliance issues.

Overseas Incorporation and Structuring:

We offer complete support in the incorporation of companies outside India, including Joint Ventures (JVs), Wholly-Owned Subsidiaries (WOS), and Special Purpose Vehicles (SPVs). Our advisory includes structuring these entities in compliance with Indian and international laws, including guidance on outward investment procedures, ODI filings, and foreign jurisdictional compliance.