Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
What is FEMA
FEMA stands for FOREIGN EXCHANGE MANAGEMENT ACT The act has been enacted by the Government of India in the year 1999 in substitution of existing law viz., Foreign Exchange Regulation Act, 1973 The act has been implemented w.e.f. 01/06/2000
6th July, 2013 FEMA - Compliances - by CA G. Murali Krishna - 9849992493
A person who has gone out of India or who stays outside India, in either case(a) for or on taking up employment outside India, or (b) for carrying on outside India a business or vocation outside India, or (c) for any other purpose, in such circumstances as would indicate his intention to stay outside India for an uncertain period;
13th August, 2012
A person who has come to or stays in India, in either case, otherwise than(a) for or on taking up employment in India, or (b) for carrying on in India a business or vocation in India, or (c) for any other purpose, in such circumstances as would indicate his intention to stay in India for an uncertain period;
3
FEMA - Import and Export of Goods/ Services - by CA Gottipati Murali Krishna; 9849992493; gmk@sbsandco.com
(iii) an office, branch or agency in India owned or controlled by a person resident outside India,
(iv) an office, branch or agency outside India owned or controlled by a person resident in India;
FEMA - Import and Export of Goods/ Services - by CA Gottipati Murali Krishna; 9849992493; gmk@sbsandco.com
In India
Outside India
Regulations at glance
Regulatio n No. 1/2000 2/2000 3/2000 4/2000 5/2000 6/2000 7/2000 8/2000 9/2000 10/2000 Regulation Title Commonly referred as Capital Account Transactions IDR Regulations ECB Regulations FEM (Permissible Capital Account Transactions) Regulations, 2000 FEM (Issue of Security in India by a Branch, Office or Agency of a person resident outside India) Regulations, 2000 FEM (Borrowing or Lending in Foreign Exchange) Regulations, 2000 FEM (Borrowing or Lending in Rupees) Regulations, 2000 FEM (Deposit) Regulations, 2000 FEM (Export and Import of Currency) Regulations, 2000 FEM (Acuisition and Transfer of Immovable Property Outside India) Regulations, 2000 FEM (Guarantees) Regulations, 2000 FEM (Realisation, Repatriation and Surrender of Foreign Exchange) Regulations, 2000 FEM (Foreign Currency Accounts by a person Resident in India) Regulations, 2000
Acquisition of Immovable FEM (Acquisition and transfer of Immovable Property in India) Properties In india Regulations, 2000 FEM (Establishment in India of Branch or Office or other place of Branch Office Regulations business) Regulations, 2000 Exports Regulations FEM (Export of Goods and Services) Regulations, 2000 Investments into Firm or FEM (Investment in Firms or Proprietary concern in India) Proprietory concerns Regulations, 2000 Derivatives Regulations FEM (Foreign Exchange Derivatives Contracts) Regulations, 2000
OBU Regulations
OCB Regulations
ODI regulations
FDI
What is FDI? Why it is important in current economic scenario Why a CS is supposed to be abreast with the FDI and related procedures
What is FIPB
FIPB is a department under the administrative control of Ministry of Finance It is a collection of Secretaries of various Departments / Ministries
Types of FDI
FDI Routes
Automatic Route
Ertstwhile OCB investment in sectors under Automatic Route (existing before 16-0903)
FDI
PIS
FIIs
NRI/ PIO
QFI
Automatic route
With Approval
Any Non Resident (Other than citizen of Pakistan or an entity in Pakistan and etstwhile OCBs)
NRIs resident in Nepal and Bhutan or their Citizens (by way of FE remittance through normal banking channels)
Government Approval
RBI Approval
Issue of capital against import of capital goods/ preliminary exp or preop expenses
Ertstwhile OCB investment in sectors under Automatic Route (existing before 1609-03)
*other than defence, space and atomic energy and sectors/ activities prohibited for foreign investment
Types of Instruments
Instruments
Capital
Debt
Equity
ADR/GDR
FCCB
NRI / PIO can invest on non-repatriation basis under automatic route. NRI / PIO can invest on repatriation basis with prior approval of RBI. RBI will decide the application in consultation with the GOI Amount is invested by inward remittance or out of NRE/FCNR(B)/NRO account maintained with AD/ Authorized banks. Other than NRI / PIO can invest with prior approval of RBI. RBI will decide the application in consultation with the GOI The entity should not engage any prohibited activity
6th July, 2013 FEMA - Compliances - by CA G. Murali Krishna - 9849992493
Investment in LLP
FDI will be allowed, through the Government approval route in sectors/activities where 100% FDI is allowed, through the automatic route and there are no FDI-linked performance conditions Indian company making investment in LLP (both should be eligible entities) LLPs with FDI will not be eligible to make any downstream investments Only by way of cash consideration Investment in LLPs by FIIs and FVCIs will not be permitted. LLPs not be permitted to avail ECBs Conversion of a company with FDI, into an LLP, with the prior approval of FIPB/Government
6th July, 2013 FEMA - Compliances - by CA G. Murali Krishna - 9849992493
The company shall intimate RBI through AD within 30 days of remittance The intimation to be made in Annexure II of Circular 44 dated 30/05/2008. The said annexure has been attached as Annexure 5 to Intimation to RBI Circular 1/2013 and Annexure 6 to Master Circular dated 01/07/2013
The company needs to facilitate the AD to obtain KYC information of the remitter from their counterpart bank The KYC format is prescribed vide Annexure III of Circular 44 dated 30/05/2008. The said annexure has been attached as Annexure 6 to Circular 1/2013 and Annexure 7 to Master Circular dated 01/07/2013 RBI upon receipt of the intimation allots Unique Identification Number (UIN) for each such remittance and intimates the company This UIN has to be quoted at the time of filing the FC-GPR / refund of the money
FEMA - Compliances - by CA G. Murali Krishna - 9849992493
KYC
UIN
The company shall allot Shares / CCPS / CCD within 180 days of the remittance failing which the money shall be refunded (w.e.f. 29/11/2007) In case of listed company the valuation >= the value decided under SEBI regulations In case of Unlisted Companies, the valuation has to be done as per DCF method (w.e.f. 07/04/2010) Even for issue of convertible instruments the price/conversion formula has to be done upfront. The conversion price cannot be changed downwards at the time of conversion
Valuation of Shares
Form FC-GPR
The company after allotting the shares/ CCPS/CCD shall file form FC-GPR with AD who have received the remittance The intimation to be made in Annexure I (Part A) of Circular 44 dated 30/05/2008. The said annexure has been attached as Annexure 1 to Circular 1/2013 and Annexure 8 to Master Circular dated 01/07/2013
Upon receipt of the Form FC-GPR RBI after scrutiny of the form, allots UIN for FC-GPR which shall be used at the time repatriation by the investor
FEMA - Compliances - by CA G. Murali Krishna - 9849992493
NR to R
R to NR
Sale/ Gift
Gift
Gift
Automatic Route
Automatic Route
RBI Approval
Automatic Route
Govt Approval
The seller and buyer enters into the agreement / arrangement to buy / sell the shares
Remittance
The Buyer makes the payment to the seller (Resident Seller / NonResident Seller) The resident party shall intimate to RBI through AD within 60 days of receipt / payment of consideration. The onus of submission is on the party resident in India The intimation to be made in Form FC-TRS. The said form has been attached as Annexure 8 to Circular 1/2013 and Annexure 9-I to Master Circular dated 01/07/2013 The company needs to facilitate the AD to obtain KYC information of the foreign counter party from their counterpart bank The KYC format is prescribed vide Annexure III of Circular 44 dated 30/05/2008. The said annexure has been attached as Annexure 6 to Circular 1/2013 and Annexure 9-II to Master Circular dated 01/07/2013
FEMA - Compliances - by CA G. Murali Krishna - 9849992493
Intimation to RBI
KYC
The company only upon receipt of the endorsed FC-TRS along with relevant share transfer deeds / share certificate and any other relevant document, can record Noting by the transfer in its Register of Members the Company
In case of listed company the valuation >= the value decided under SEBI regulations Valuation of In case of Unlisted Companies, the valuation has to be done as per DCF method (w.e.f. 07/04/2010) Shares
6th July, 2013 FEMA - Compliances - by CA G. Murali Krishna - 9849992493
Pledge of Shares
A person being a promoter of a company registered in India (borrowing company), which has raised ECB , may pledge the shares of the borrowing company or that of its associate resident companies for the purpose of securing the ECB raised by the borrowing company, provided that a no objection for the same is obtained from a bank which is an authorised dealer. The authorized dealer, shall issue the no objection for such a pledge after having satisfied itself that the external commercial borrowing is in line with the extant FEMA regulations for ECBs and that : i) the loan agreement has been signed by both the lender and the borrower, ii) there exists a security clause in the Loan Agreement requiring the borrower to create charge on financial securities, and iii) the borrower has obtained Loan Registration Number (LRN) from the Reserve Bank of India :
Donation by persons other than Resident Individual (per FY, per remitter)
Person going abroad for employment Emigration to foreign country
5,000
1,00,000 1,00,000 or amount prescribed by the Host Country)
Net Salary
25,000 Amount Prescribed by Doctor in India, hospital/ doctor Abroad
Commission to a Foreign Agent for sale of residential or commercial flats in India Project Consultancy Services to a Foreign Consultant for Infrastructure Projects In India Project Consultancy Services to a Foreign Consultant for Other Projects In India Reimbursement of Pre-Incorporation expenses
Filing of FC-GPR
Filing of Annual Asset Liability Statement to RBI Copy of Resolution passed by the company for enhancement of limits
FDI Regulations
FDI Regulations FDI Regulations
Filing of Form 83
Filing of Form ECB-2 Making of Payment for Imports
6th July, 2013
ECB Regulations
ECB Regulations Current Account Rules
Filing of Form IPI by a Acquisition of Within 90 days of acquisition person other than NRI/PIO Immovable Properties In india Obtaining RBI approval for carrying operations in India Branch Office Regulations Before commencing operations in India
Submission of Intimation of overdue bills to AD Submission of Form ODI under Automatic/ Approval Route
Submission of Form ODI for each change in the step down subsidiaries
Submission of details of Share certificates issued by JV/WOS Submission of APR
6th July, 2013
ODI Regulations
ODI Regulations
ODI Regulations
Penalties
If the amount involved is quantifiable upto 3 times of the amount involved and for continuing default Upto Rs. 5,000 per day In case of the companies, the following persons are also liable to punishment
Person In-Charge of the operations Person with whose consent or Connivance the offense is taken place Director or Secretary or Manager or other officer of the company in case of negligence is attributable to him
Compounding of offenses
The compounding application can be submitted to the RBI for the cases other than the Cases of contravention having a money-laundering, national and security concern involving serious infringements of the regulatory framework including cases where application for compounding has not been filed within the stipulated period in the memorandum issued by the Reserve Bank may be referred to Directorate of Enforcement for further investigation and necessary action under Section 37 of the Act or to the Anti Money Laundering Authority instituted under Prevention of Money Laundering Act, 2002 or to any other agencies as deemed fit. Contraventions related to any transaction without proper approval or permission from the concerned Government or any Statutory Authority as the case may be under the relevant laws/regulations as envisaged under FEMA, would not be compounded unless the required approval is obtained from the concerned authorities. The compounding application can be made in the format prescribed as per A.P.(DIR Series) Circular No.31 dated February 1, 2005 (in duplicate). Application Fee Rs. 5,000/-
DGM
GM CGM
Compounding Powers of ED
Amount (INR) <= 5 Lakhs Relevant Officer DD
AD
SD SD with DD SD with D
Questions
6th July, 2013 FEMA - Compliances - by CA G. Murali Krishna - 9849992493
Thank you
6th July, 2013 FEMA - Compliances - by CA G. Murali Krishna - 9849992493
G. Murali Krishna M.com., A.C.A, A.C.S M/s. SBS and Company Chartered Accountants #6-3-900/6-9, Flat No.104, Veeru Castle, Durganagar Colony, Panjagutta, Hyderabad-500082. Mobile No. 9849992493 Ph No. 040-64584494/ 40183366 E-mail: gmk@sbsandco.com