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Service Details

FEMA Compliance Services

Home / FEMA Compliance

Mastering FEMA Compliance for Cross-Border Transactions

At Startup Solicitors, we provide comprehensive FEMA (Foreign Exchange Management Act) compliance services to help your business navigate the complexities of India's foreign exchange laws. Our expert team ensures that all your cross-border transactions, from foreign investments to trade payments, are fully compliant with RBI and FEMA regulations, protecting you from penalties and legal disputes.

We offer strategic advice and hands-on support for both Indian companies engaging in international business and foreign entities operating in India. Our goal is to make foreign exchange compliance a seamless part of your operations, enabling you to focus on global growth.

Our Core FEMA Compliance Services

1

Inbound & Outbound Investment Advisory

We provide expert guidance on structuring foreign investments into India (FDI) and Indian investments abroad (ODI).

  • Structuring transactions to comply with FEMA guidelines
  • Advisory on pricing guidelines and valuation norms
  • Ensuring compliance for all modes of investment (equity, LLP, etc.)
  • Handling all RBI reporting (FC-GPR, Form ODI)

Key Focus: Structuring for compliance, tax efficiency, and ease of repatriation.

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2

External Commercial Borrowings (ECB)

Complete support for raising funds from foreign sources through loans, bonds, or other credit facilities.

  • Advisory on eligible borrowers, lenders, and end-use restrictions
  • Assistance in obtaining the Loan Registration Number (LRN)
  • Filing of monthly ECB-2 returns
  • Compliance with all-in-cost ceilings and hedging requirements

Benefit: Access global capital markets while ensuring full compliance with RBI's ECB framework.

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3

Current Account Transactions

Advisory on all trade-related and other current account transactions to ensure they are permissible and compliant.

  • Guidance on import/export payments and remittances
  • Advisory on royalty, technical fees, and dividend payments
  • Compliance for overseas travel and other personal remittances
  • Liaising with Authorized Dealer (AD) banks for transaction processing

Our Goal: To facilitate smooth and timely international trade and business payments.

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4

Establishment of Offices in India

We assist foreign companies in setting up Liaison Offices (LO), Branch Offices (BO), and Project Offices (PO) in India.

  • Application to the RBI for approval
  • Registration with the Registrar of Companies (ROC)
  • Annual compliance filings, including the Annual Activity Certificate (AAC)
  • Advisory on permissible activities for each type of office

Perfect for: Foreign companies looking to establish a presence in India for marketing, research, or project execution.

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5

Compounding of Contraventions

Expert assistance in regularizing any non-compliance under FEMA through the RBI's compounding process.

  • Identification and quantification of FEMA contraventions
  • Preparation and filing of the compounding application
  • Representation before the Reserve Bank of India
  • Minimizing penalties and achieving timely resolution

Our Approach: Proactive and strategic handling of non-compliance to protect your business from severe penalties.

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Why Choose Us for FEMA Compliance?

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Specialized Expertise

Our team consists of lawyers and professionals with specialized knowledge of foreign exchange laws.

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Proactive Approach

We provide proactive advice to prevent non-compliance before it occurs.

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Business-Oriented Solutions

Our solutions are practical and aligned with your commercial objectives for global business.

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End-to-End Management

From advisory and documentation to filing and representation, we handle everything.

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Strong RBI Liaising

We have extensive experience in liaising with the RBI and AD Banks for approvals and clarifications.

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Risk Mitigation

Our services are designed to minimize your risk of non-compliance and associated financial penalties.

Frequently Asked Questions (FAQs)

FEMA Compliance FAQs
1. What is the consequence of non-compliance with FEMA?
Non-compliance with FEMA can lead to heavy penalties, which can be up to three times the sum involved in the contravention. It can also lead to legal proceedings and reputational damage. It is crucial to ensure all cross-border transactions are compliant.
2. Is RBI approval required for all foreign loans (ECB)?
No, ECB up to USD 750 million or its equivalent per financial year is under the automatic route, provided it complies with the prescribed parameters (e.g., eligible borrower, recognized lender, end-use). Approval is required only for cases falling outside these parameters.
3. What is the Annual Performance Report (APR) for Overseas Direct Investment (ODI)?
An Indian party that has made an overseas direct investment must submit an Annual Performance Report (APR) in Form ODI Part II to the AD bank by December 31st every year in respect of each Joint Venture/Wholly Owned Subsidiary outside India.
4. How can I regularize a past non-compliance under FEMA?
Past contraventions can be regularized through the process of compounding with the RBI. This involves voluntarily admitting the non-compliance, filing an application, and paying a penalty. This process helps in avoiding further legal action.

🛡️ Secure Your Global Business with Robust FEMA Compliance

Don’t let the complexities of foreign exchange laws hold back your business. Our expert FEMA compliance services ensure your international transactions are smooth, secure, and risk-free.

Contact Startup Solicitors today to discuss your FEMA compliance needs and build a strong foundation for your international business ventures.

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