Statutory Compliance

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Statutory Compliance

Ensuring compliance with the Foreign Exchange Management Act (FEMA) is essential for all cross-border transactions involving India. Whether it’s a one-time investment or recurring remittances, every qualifying transaction must meet specific FEMA compliance requirements. Non-compliance can result in penalties and disruption to operations.

Understanding FEMA Compliance

FEMA governs foreign exchange transactions in India and mandates both transaction-based and periodic filings to be completed through the appropriate channel—primarily Authorised Dealer Category-I banks.

Businesses must ensure FEMA compliance not just at the point of transaction but also on an ongoing basis, depending on the nature of the transaction and the entities involved.

FEMA Compliance for Companies

Indian companies receiving foreign investment or making outward remittances must adhere to strict FEMA compliance for companies, covering multiple stages of the transaction lifecycle—from receipt and utilization to reporting and disclosure.

Common Compliance Scenarios:

FDI into India (issue of shares, convertible instruments)
ODI (equity participation in foreign companies)
External Commercial Borrowings (ECBs)
Inward and outward remittances
Transfer of shares between resident and non-resident entities

FEMA Compliance for Inward & Outward Remittance

Remittances are subject to FEMA compliance for outward remittance and FEMA compliance for inward remittance, depending on the direction of funds. Each remittance must be supported by underlying documentation, purpose codes, declarations, and in many cases, pre-approval or post-reporting.

Periodic Reporting Requirements under FEMA

FEMA regulations require entities to submit various periodic filings based on the nature of foreign transactions.

Key Periodic Reporting Requirements under FEMA:

Foreign Liabilities and Assets (FLA) Return

Annually, for companies with foreign investment or ODI

FC-GPR/FC-TRS

For equity instruments issued/transferred to non-residents

ODI Forms (Form FC, APR)

For outward investments by Indian entities

ECB Returns

Monthly filings for external borrowings

Annual Performance Report (APR)

For monitoring overseas investments

Each of these forms must be filed within stipulated timelines to ensure FEMA compliance and avoid penal action from RBI or Enforcement Directorate.

Why Choose FEMABIDE Advisorz?

Specialized FEMA compliance experts for companies, LLPs, and startups
Comprehensive assistance with FEMA reporting and documentation
Advisory for inward and outward remittances under FEMA
Periodic compliance calendar tracking and automated reminders
Representation before AD banks and RBI, where required

Reach us

Stay Compliant, Stay Protected

Whether you’re dealing with foreign investment in India, investing abroad, or managing cross-border remittances, your business needs to be FEMA-ready. Our team helps you meet every FEMA compliance requirement with clarity and efficiency—so you can focus on growth without worrying about regulatory hurdles.

Get in touch today to streamline your FEMA compliance and reporting obligations.

Statutory Compliance