This book aims to simplify the fundamentals while providing exhaustive coverage of the relevant laws and regulations. It provides a comprehensive commentary on various sections, rules, and regulations under the Foreign Exchange Management Act (FEMA), making it a complete guide to foreign investment provisions. This book is a comprehensive resource for professionals and Authorized Dealer (AD) banks, enabling effective management and implementation of Foreign Exchange law in India. It is a one-stop solution for: • Professionals, including Chartered Accountants, Company Secretaries, Cost Accountants, and Lawyers • Chief Financial Officers (CFOs) of multinational and Indian companies • Authorised Dealer Banks • Students • Individuals interested in international transactions The Present Publication is the 3nd Edition, authored by CA Sudha G. Bhushan. It is amended up to 7th June 2024, with the following noteworthy features: • [In-depth Analysis] Detailed commentary on every section of FEMA, providing a thorough understanding of the law • [Essential Resource] A must-have for persons managing trade or capital account transactions • [Clear Guidance] Simplifies various provisions with easy-to-understand language and practical examples based on real case studies • [Key Concepts Explained] Breaks down essential concepts like Residential Status and Capital/Current Account transactions with numerous examples • [User-friendly Approach] Includes pictorial representations, checklists, examples, case studies, and RBI compounding orders to make complex laws comprehensible • [Practical Focus] Provides detailed guidelines and procedures for transactions, making it easy to understand and apply the law The contents of the book are as follows: • [Fundamentals] o This division covers the historical background and regulatory framework of FEMA, illustrating the paradigm shift from FERA to FEMA o It includes detailed commentary on current and capital account transactions, currency management, and the roles of regulatory bodies like the Reserve Bank of India (RBI) and the Central Government o This division also explains the balance sheet approach to evaluate transactions under FEMA and provides guidelines on maintaining foreign currency accounts • [Foreign Investment] o This unit provides an in-depth analysis of foreign investment regulations, including Foreign Direct Investment (FDI) and Foreign Portfolio Investment (FPI) o It discusses the governing regulations, types of foreign investments, entry routes, pricing methodologies, and downstream investments, offering practical insights for effective compliance and management • [Cross Border Assets] o This unit focuses on the acquisition and transfer of immovable property in India by non-residents and vice versa o It addresses the restrictions, procedural requirements, and conditions for repatriation of sale proceeds, ensuring a clear understanding of cross-border asset management • [Borrowings] o This unit discusses the various aspects of borrowings, including trade finance, External Commercial Borrowings (ECB), acceptance of deposits, and issuance of guarantees o It provides detailed guidelines on the procedures, compliance requirements, and benefits associated with different types of borrowings • [International Financial Services Centre (IFSC)] o This unit explains the strategic objectives, benefits, and regulatory framework of IFSCs o It highlights the promotion of investments in IFSCs by the Central Government and discusses the provisions related to overseas investment in and out of IFSCs • [Trade Transactions] o This unit covers the regulations governing exports, imports, and merchanting trade o It details the procedural requirements, obligations of exporters, realisation and repatriation of export proceeds, and the various types of exports, providing a comprehensive guide for trade-related transactions • [Contravention and Offences] o This unit addresses the consequences of non-compliance with FEMA, including the process of compounding, penalty provisions, adjudication procedures, and the role of the Enforcement Directorate o It provides practical examples and case studies to illustrate the compounding process and the implications of non-compliance • [Overseas Investment] o This unit provides a detailed framework of the new overseas investment regime, including definitions, pre-conditions, routes, and pricing guidelines for making overseas investments o It covers the roles and responsibilities of AD banks, reporting requirements, and the procedures for disinvestment and restructuring
This is a comprehensive book on overseas investment outside India by various entities covering all provisions in every possible detail. Every attempt has been made in the book to keep the complex law simple. Pictorial representation, checklist, examples, case studies, and compounding orders issued by the Reserve Bank of India have also been provided for clear understanding. It is a one-stop solution to all the needs of professionals, global investors, institutional investors, CFOs of multinational companies looking to expand globally, and the AD banks dealing with overseas investment for undertaking the transaction and effective implementation, management and execution of overseas investment in India. The Present Publication is the Latest 2023 Edition and has been amended up to June 2023. This book is authored by renowned CA Sudha G. Bhushan with the following noteworthy features: • [Exhaustive Commentary] on all the Sections, Rules, Regulations, Master Directions, etc., as applicable to overseas investment • [Practical Examples] are used in this book to explain every point • [Entity-wise Bifurcation of Various Provisions under Overseas Investment] All provisions with respect to one type of entity, i.e., Residents, IFSC, Companies etc., are discussed in the respective chapters. This makes the book useful for practitioners who are advising their clients. • [Extensive Discussion on Guidelines and Procedures Required for Transaction] have been discussed in detail The structure of the book is as follows: • The book deals with the Foreign Exchange Management (Overseas Investment) Rules, 2022 and Foreign Exchange Management (Overseas Investment) Regulations, 2022, along with Foreign Exchange Management (Overseas Investment) Directions, 2022 [New Regime/Revised Regulatory Framework/New OI Regime] in entirety • It is divided into seventeen chapters and deals with the subject matter of making investments outside India in great detail o Chapters 1 and 2 touch upon the basic framework of the making overseas investment outside of India o Chapter 3 dissects the new definition that has been introduced in the new framework o Chapter 4 deals with grandfathering provisions with regard to erstwhile investments made in the old regulations o Chapter 5 deals in great length with the manner and process of making investments outside India • Chapter 6 deals with Overseas Direct Investment, Overseas Portfolio Investment and Financial Commitment which are at the helm of understanding investment outside India. All the provisions are discussed with examples to make it transaction oriented • To make the provisions more helpful to practitioners, the book discusses the entity-wise manner of making investments outside of India o Chapter 7 deals with overseas investment by Resident Individual o Chapter 8 deals with overseas investment by Trusts/Societies/AD Banks/Depository/Stock Exchanges o Chapter 12 deals with overseas investment by AIFs and Venture Capital Funds • The New OI Regime promotes and enables overseas investment in the financial services sector, including IFSC o Chapter 9 deals with IFSC in detail o Chapter 10 deals with the role and responsibility of AD Banks with regard to overseas investments • Under the erstwhile regime, several conditions were imposed concerning the transfer and disinvestment of overseas direct investments. The same has been done away with the new regime o Chapter 11 deals with the exit from overseas investment in detail o Chapter 13 deals with loans to foreign entities, which has been significantly rationalised • One of the considerable reliefs provided in the New OI regime is the extension of the facility of Late Submission Fees (LSF) to the reporting non-compliances of overseas investment o LSF has been dealt with in detail in Chapter 14 o Chapter 15 discusses every possible aspect of compounding • The Foreign Exchange Management (Acquisition and Transfer of Immovable Property Outside India) Regulations, 2015 have also been repealed and have been subsumed in the New OI Regime o The provisions with regard to the acquisition and transfer of immovable property outside India under the new regime have been discussed in Chapter 16 • Chapter 17 deals with the reporting requirements for overseas investment. • Chapter 18 presents the intricacies of TCS provisions on remittances under the liberalised remittance scheme in a simplified manner • Chapter 19 presents the reporting requirements for overseas investments The detailed contents of the book are as follows: • Introduction • New Overseas Investment Regime • New Definitions Introduced • Erstwhile Investments • Framework of New Overseas Investment Regime • Overseas Investment • Investment by Resident Individuals • Overseas Investment by Trusts/Societies/AD Banks/Depository/Stock Exchanges, etc. • Investment in IFSC • Role and Responsibility of AD Banks • Exit from Overseas Investment • Overseas Investment by AIFs and Venture Capital Funds • Loan to Foreign Entities • Late Submission Fees (LSF) • Compounding under FEMA • Acquisition of Immovable Property Outside India • Cross Border Transaction with Regard to Virtual Currencies • TCS on Remittances under Liberalised Remittance Scheme • Reporting of Overseas Investments
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