FEMA & Foreign Investment Lawyers

Overview

Our FEMA and foreign investment lawyers advise businesses and investors on cross-border transactions, regulatory approvals, and reporting requirements. Our work covers the Foreign Exchange Management Act, Reserve Bank of India regulations, and related approvals and reporting. From structuring an investment or borrowing to addressing compliance issues and planning an exit, we help clients align their commercial objectives with applicable regulatory requirements.

Key Services

Regulatory approvals from RBI, DPIIT, and relevant industry regulators.
FEMA compliance reviews and reporting support.
Advice on equity investment, external commercial borrowing, and capital-market transactions.
Investment structuring and exit-related exchange-control advice.
Compounding applications for eligible contraventions.
Representation before relevant authorities and assistance with appeals.

FAQs

Frequently Asked Questions

Foreign Investment & Exchange Control — answers to the questions clients ask us most.

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What is FEMA compliance and why does it matter?

FEMA governs all foreign exchange transactions in India. Non-compliance can result in penalties up to 3x the amount involved. We ensure compliance through proper reporting, approvals, and documentation.

What is compounding of FEMA offences?

A process where contraventions are settled by paying a fee to the RBI, avoiding prolonged adjudication. We prepare applications, represent before the RBI, and negotiate favourable outcomes.

What approvals are needed for foreign investment in India?

Depending on sector and route — RBI, DPIIT, and sector-specific regulators (IRDAI, TRAI, etc.). We identify the route, prepare applications, and follow through until approval.

What is the difference between automatic and approval route for FDI?

Automatic route needs no prior approval — investment proceeds with post-investment RBI reporting. Approval route requires prior ministry or DPIIT approval. Most sectors allow 100% FDI under the automatic route.

How do we ensure FEMA compliance for overseas subsidiaries?

We assist with ODI compliance — approvals, Annual Performance Reports, RBI reporting, and compliance with new ODI rules effective August 2022.

Mergers, Amalgamations & Transaction Advisory

Our transaction advisory practice guides businesses through every stage of a deal — from initial structuring and due diligence to negotiation, documentation, and post-closing integration.

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