Corporate Professionals Blog

Reporting under Foreign Exchange Management Act, 1999 (FEMA) Today, a huge number of Indian entities are engaged in various transactions relating to foreign exchange which are governed by FEMA, 1999. Foreign Exchange Management Act, 1999 and the various regulations issued by the Reserve Bank of India stipulate various reporting requirements on the companies engaged in foreign exchange transactions. Every company engaged in the activity involving foreign exchange is required to do the reporting compliances within the stipulated time period. Penal provisions are applicable on the company for every late or Non-filing of returns by the Company.

‘FDI’ means investment by non-resident entity/person resident outside India in the capital of an Indian company as per Foreign Exchange Management Act (FEMA) Regulations. Investments can be made by non-residents in the equity shares/ fully, compulsorily and mandatorily convertible debentures/ fully, compulsorily and mandatorily convertible preference shares of an Indian company, through the Automatic Route or the Government Route. Under the Automatic Route, the non-resident investor or the Indian company does not require any approval from Government of India for the investment. Under the Government Route, prior approval of the Government of India is required. Proposals for foreign investment under Government route are considered by FIPB.