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A need emerges with the Corporate to watch out for outside trade exchanges, in the setting of sectoral tops, investment tops, to go around from the enormous penalties. FEMA compliance plays an essential role in the growth and success of various sectors in India. The purpose of introducing the Foreign Exchange Management Act, 1999 (FEMA) is to smooth external trade, maintain a healthy foreign exchange market in India, promote the importance of balance payments.

Reserve Bank of India and Foreign Exchange Laws Compliance

Cross border transactions is the order of the present business era. Overseas investments in India, setting up of branch offices / subsidiaries, and joint ventures are primarily governed by FEMA, its rules and regulations, along with the permission and approval of RBI in certain cases. Our services in this area include :

  • Advisory, documentations & compliance on setting up of Foreign Subsidiaries (Foreign Business) in India.
  • Setting up of Branch office, Liaison office, Project office and related compliances.
  • Advisory, documentations & compliance in relation to FDI (Foreign Direct Investment) in India (inclusive of Certification of Form FC-GPR & FC-TRS).
  • NRI (Non-Resident Indian) investment and compliances.
  • Advisory, documentations, compliance appearance with RBI in matter pertaining to External Commercial Borrowing.
  • Advising on setting up of joint ventures abroad or setting up of subsidiaries abroad.
  • Drafting of Memorandum of Understanding, Promoters Agreement, Shareholders Agreement and Commercial Agreements.
  • Advising on legal and procedural matters falling under FEMA, including documentation and appearance in matters pertaining to Compounding of offence with Reserve Bank of India. Registration of Non-Banking Financial Companies (NBFC’s) and compliance with its prudential norms. Advising on takeover of existing NBFC’s.
  • Advising Non-Resident Indians regarding investment in India and repatriation of such investments and returns thereon.
  • Obtaining RBI/FIPB approvals.

Corporate Advisory

We advise clients on the following : -
  • Legal and regulatory aspects of doing business in India
  • Structuring the investment for the operations.
  • Requisite approvals required from the Foreign Investment Promotion Board (FIPB) and the Reserve Bank of India (RBI) in the event of foreign investment in an Indian company, whether in the form of joint ventures, or wholly owned subsidiaries
  • Filings that need to be made with the local office of the Registrar of Companies (RoC).
  • Corporate governance thereby enhancing shareholder value and bringing greater transparency in the day-to-day operations of a company.
  • Transaction documents and agreements such as employment, consultancy, confidentiality, joint ventures, shareholders and subscription agreements, alliance etc.
  • Setting up joint ventures in India or overseas, its significance, nature of the entity to be set up, the inter-se rights between the joint venture parties, and the Indian legal, tax and exchange control implications.