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FEMA Compliance

FEMA Compliance

Over the years, India’s foreign exchange regulations have been increasingly liberalized to make the flow of funds, both into and out of the country, smoother and more efficient. Further, Various amendments and relaxations have been introduced from time to time to make it more convenient for businesses and individuals to engage in cross-border financial transactions.

Foreign Exchange Management Act (FEMA) along with the detailed FEMA Regulations, governs all foreign exchange transactions from investments to remittances  in and out of India. The Reserve Bank of India (RBI) is the primary regulatory body supervising foreign exchange transactions. The RBI not only issues necessary guidelines and circulars on FEMA but is also responsible for granting approvals in specific cases.​
At WIN Corporate Advisors, we specialize in offering tailor-made FEMA compliance solutions across a wide range of sectors, ensuring that our clients adhere to all legal requirements under the Act. Our team of experienced professionals provides strategic advice and practical support to both Indian entities and foreign investors.

 

OUR FEMA SERVICES INCLUDES

01. Company Incorporation

  • Advise you to create an appropriate structure in India:
    • i. Wholly Owned Subsidiary: Ideal for long-term ventures. Provides control with minimal responsibility.
    • ii. Liaison Office: Facilitates communication but cannot undertake commercial activities.
    • iii. Branch Office: Enables direct business operations but has more legal obligations.
  • Offshore Structures: Advise you to create offshore structures for entering the Indian market and help you to repatriate profits earned in India in a tax-efficient manner.
  • Regulatory Approvals: Reserve Bank of India (RBI) regulates all foreign exchange transactions under FEMA. RBI approval is required to set up any of the above entities in India.
  • RBI Permissions: Assistance in obtaining RBI permission to form a company or liaison office in India.

02. Advisory, Consulting, and Transaction Supporting Compliance Services

  • Advise on funding the Indian Company:
    • Entry routes and procedures of Foreign Direct Investment (FDI) in Indian companies or LLPs in accordance with NDI Rules and sectoral caps.
    • Allotment of shares to non-residents and completing procedural aspects under FEMA, including valuation reports.
    • Advising startups on issuance of equity, preference, and convertible shares to overseas angel or VC fund investors.
    • Other issuances — bonus shares, rights shares, ESOPs, conversion of ECB or royalty into equity, share swaps, etc.
    • Advising on downstream investments and External Commercial Borrowing (ECB) compliance.
    • Advising NRIs or OCIs on permissible investment and real estate activities.
  • Overseas Investment: Guidance for Indian entities or residents on investment limits, pricing, and procedures.
  • Advising on loans to foreign entities.
  • Transfer of securities: From Resident to Non-Resident and vice versa.
  • KYC and Fund Management: Coordination with remitters and AD Banks for seamless receipt of funds.

03. Regulatory Representation

  • Representation before RBI and Regulators:
    • Preparation and filing of submissions for foreign investment and FEMA compliance.
    • Support in valuation, procedural aspects, and FEMA approvals.
    • Advising startups and investors on share issuances, conversions, and FEMA filings.
    • Advising on downstream investments and ECB compliance.
    • Advising NRIs and OCIs on permissible investment and real estate activities.
  • Overseas Investment: Guidance for Indian entities or individuals on investment limits and pricing guidelines.
  • Advising on loans to foreign entities.
  • Transfer of securities: From Resident to Non-Resident and vice versa.
  • KYC and Fund Management: Coordination with remitters and AD Banks for smooth transactions.

04. Other Related Services

  • Taxation of Non-Resident Indians or foreign entities.
  • Providing Nominee Directors or Shareholders for compliance purposes.
  • Dematerialisation of shares of a foreign company as a shareholder of an Indian company (mandatory).
  • Cross-border taxation, including transfer pricing applicability between Indian and subsidiary companies.

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