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Foreign Exchange Regulations

Foreign Exchange Regulations

The foreign exchange regulations have been liberalised over the years to facilitate the remittance of funds both in and out of India. The changes have been introduced on a continuous basis in line with the government policy of economic liberalisation. Still, in few cases, specific approvals are required from the regulatory authorities for foreign exchange transactions/remittances.
The foreign exchange regulations in India are governed by the Foreign Exchange Management Act, 1999 (“FEMA”). The apex foreign exchange regulatory authority in India is the Reserve Bank of India (“RBI”) which regulates the law and is responsible for all key approvals.
FEMA is not only applicable to all parts of India but is also applicable to all branches, offices and set-ups outside India which are owned or controlled by a person resident in India. It also applies to all branches, offices and set-ups in India which are controlled or owned by person resident outside India. FEMA regulates all aspects of foreign exchange and has direct implications on external trade and payments.
FEMA also impacts foreign nationals who are working in India or outside.
In this respect, below are the key services offered to our clients:

  • Assistance in setting up a branch office, liaison office and project office of the foreign company in India and advising on the approaches required in that matter
  • Advise on transactions which have a foreign exchange aspect
  • Carry out regulatory due diligence
  • Carry out compliance health check/regulatory risk analysis of past compliances/filings from foreign exchange regulations perspective
  • Help with representations before egulatory authorities such as the Reserve Bank of India, Foreign Investment Promotion Board, etc.
  • Assistance in representation for the purpose of compounding matters
  • Assistance in obtaining approval for external commercial borrowing.

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