FEMA & Export Import Policy And Procedure

Foreign Exchange Management and Allied Matters

Today, India is one of the most exciting emerging markets in the world. The Government of India has put in place a liberal and transparent FDI policy. FDI up to 100% is allowed under the automatic route in most sectors/activities.

We assist you to have the complete solutions with regard to matters coming under the purview of FEMA and related Statutes.

1. Foreign companies can open Liaison/Project/Branch office in India.
   Foreign company can set up Liaison/Branch Offices in India after obtaining approval from Reserve Bank of India. Reserve Bank of India has given general permission to foreign companies to establish Project Offices in India subject to certain conditions.
2. "A foreign company can invest in India either by way of Automatic Route or by way of approval from the Government."

   Automatic Route

   FDI up to 100% is allowed under the automatic route in all activities/sectors except where the provisions of the consolidated FDI Policy, paragraph on 'Entry Routes for Investment' issued by the Government of India from time to time, are attracted.

   FDI in sectors/activities to the extent permitted under Automatic Route does not require any prior approval either by the Government or the Reserve Bank of India.

   Government Route

   FDI in activities not covered under the automatic route requires prior approval of the Government which are considered by the Foreign Investment Promotion Board (FIPB), Department of Economic Affairs, Ministry of Finance. Application can be made in Form FC-IL, which can be downloaded from http://www.dipp.gov.in. Plain paper applications carrying all relevant details are also accepted. No fee is payable.

   Indian companies having foreign investment approval through FIPB route do not require any further clearance from the Reserve Bank of India for receiving inward remittance and for the issue of shares to the non-resident investors.

   The Indian company having received FDI either under the Automatic route or the Government route is required to report in the Advance Reporting Form, the details of the receipt of the amount of consideration for issue of equity instrument viz. shares / fully and mandatorily convertible debentures / fully and mandatorily convertible preference shares through an AD Category –I Bank, together with copy/ ies of the FIRC evidencing the receipt of inward remittances along with the Know Your Customer (KYC) report on the non-resident investors from the overseas bank remitting the amount, to the Regional Office concerned of the Reserve Bank of India within 30 days from the date of receipt of inward remittances.

   Further, the Indian company is required to issue the equity instrument within 180 days, from the date of receipt of inward remittance or debit to NRE/FCNR (B) account in case of NRI/ PIO.

   After issue of shares / fully and mandatorily convertible debentures / fully and mandatorily convertible preference shares, the Indian company has to file the required documents along with Form FC-GPR with the Regional Office concerned of the Reserve Bank of India within 30 days of issue of shares to the non-resident investors.”

   We provide services related to the following:

   1. Foreign Direct Investments (FDI) in India by way of Automatic and Approval Route.
   2. Drafting of Memorandum of Understanding, Shareholder’s Agreement and Commercial Agreements.
   3. Royalty payments / lumpsum fees under technology transfer.
   4. Setting up of joint ventures abroad or setting up of subsidiaries abroad.
   5. Legal and procedural matters under FEMA (Foreign Exchange and Management Act, 1999).
   6. Investment in India by NRIs (Non Resident Indians) on repatriable and non-repatriable basis.
   7. External Commercial Borrowings (ECB) / Reserve Bank of India (RBI) / Foreign Investment promotion Board (FIPB) approvals.

Export & Import Policy and Procedure

We provide the following services:

• Import / export regulations compliances.
• Dealing with DGFT on behalf of the clients regarding licenses of all kinds.
• Application for EPCG (Export Promotion Capital Goods scheme) licence.
• Duty draw back cases.