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
