Why FEMA Matters

FEMA regulates all foreign exchange transactions in India and ensures that these are carried out through authorized channels with proper documentation and reporting. Any violation of FEMA regulations can lead to hefty penalties and reputational damage, hence proactive compliance is essential.

The scope of FEMA covers:

• Inward and outward remittances
• Foreign Direct Investment (FDI)
• External Commercial Borrowings (ECB)
• Acquisition and transfer of immovable properties by NRIs
• Issuance and repatriation of shares and securities
• Setting up of branch/liaison/project offices in India
• Capital account and current account transactions
• Cross-border mergers and acquisitions

Our FEMA Advisory Services Include:

• FEMA Compliance & Regulatory Advisory
  We help you comply with:
  1. FEMA rules under RBI guidelines
  2. Sector-specific foreign investment caps
  3. Notification and approval requirements
  4. Timely filing of FC-GPR, FC-TRS, ODI, Form DI, and other relevant FEMA forms
  5. Setting up and managing Liaison, Branch, and Project Offices in India

• Inbound & Outbound Investment Structuring
  We assist with:
  1. Structuring foreign investments into India for NRIs, PIOs, and foreign companies
  2. Advisory on Overseas Direct Investment (ODI) from India
  3. Capital account transactions and repatriation planning
  4. Advisory for Joint Ventures (JV) or Wholly Owned Subsidiaries (WOS) abroad
  5. Guidance on acquisition of foreign assets and businesses
• Transaction Advisory & Due Diligence
  Whether you’re:
  1. Accepting foreign funds
  2. Making foreign investments
  3. Transferring shares or property across borders

  We conduct transactional due diligence to verify the compliance health of your transaction and ensure adherence to FEMA provisions before execution.

• Drafting & Documentation Support
  1. FEMA-compliant Shareholder Agreements
  2. Foreign Collaboration Agreements
  3. Loan Agreements for ECB
  4. FCGPR/FC-TRS forms and reporting formats
  5. RBI approval and intimation documents
• RBI Liaison & Approvals
  We offer end-to-end assistance in:
  1. Representing clients before the Reserve Bank of India (RBI)
  2. Obtaining prior approvals, post-facto approvals, and condonation for FEMA contraventions
  3. Filing necessary applications and correspondences with RBI/AD Banks

• Real Estate Transactions under FEMA
  We provide clarity and advisory to:
  1. NRIs and PIOs investing in or selling immovable property in India
  2. Indian residents acquiring property abroad
  3. Remittances for property purchases or income earned through rent/sale

• External Commercial Borrowings (ECBs)
  1. Advisory on the ECB policy, eligible lenders, maturity period, all-in-cost ceilings, and end-use restrictions
  2. Assistance with ECB returns, Loan Registration Number (LRN), and Form ECB-2
• FEMA Litigation & Dispute Resolution
  1. Drafting replies to Show Cause Notices (SCNs)
  2. Handling matters before Enforcement Directorate (ED)
  3. FEMA adjudication proceedings and appeals
  4. Seeking compounding of FEMA offenses

Why Choose S. R. Mahajan & Co.?

• End-to-End FEMA Compliance: From documentation to RBI dealings—we manage everything.

• Tailored Solutions: FEMA is not one-size-fits-all. We offer advisory specific to your sector, transaction type, and jurisdiction.

• Multinational & NRI Experience: We have deep expertise in dealing with NRI clients and multinational companies operating in India.

• Risk Assessment & Control: We assess your financial and regulatory exposure and recommend internal control mechanisms for FEMA compliance.