FEMA Advisory Services

FEMA Advisory Services

Service Overview

1. Cross-Border Investment Structuring

  • Advisory on structuring inbound investments into India and outbound investments from India
  • Assistance in setting up Joint Ventures (JV), Wholly Owned Subsidiaries (WOS), and overseas branches
  • Evaluation of sectoral caps and entry routes under FDI policy
  • Structuring capital infusion and repatriation mechanisms
  • Drafting Shareholders’ Agreements and investment-related contracts
  • FEMA-compliant valuation of shares for issuance or transfer
  • Guidance on round-tripping restrictions and layered investment structures
  • Ensuring tax-efficient structuring of cross-border investments
  • Advisory on share swap deals and deferred consideration arrangements

2. FEMA & RBI Regulatory Compliance

  • Filing and compliance support for forms like FC-GPR, FC-TRS, FLA, ODI, and APR
  • Ingoing advisory on FEMA updates, circulars, and notifications
  • Maintenance of proper documentation and regulatory registers
  • End-to-end support in compounding applications and RBI approvals
  • FEMA compliance audit and health-check services
  • Liaising with AD banks and RBI for clarification or submissions
  • Advisory on External Commercial Borrowings (ECB) and their reporting
  • Compliance with sector-specific FEMA conditions (like real estate, telecom, etc.)
  • Drafting and reviewing FEMA declarations, undertakings, and legal opinions

3. Advisory on Inbound & Outbound Remittances

  • Guidance on remittances under Liberalised Remittance Scheme (LRS)
  • Structuring of foreign remittances for education, investment, or gifting
  • Assistance in determining eligibility, limits, and permissible purposes
  • Advisory on TCS and TDS implications on foreign remittances
  • Drafting documentation for remittance declaration and source of funds
  • Assistance with repatriation of sale proceeds, dividends, and interest
  • RBI/Bank liaison for delays or issues in cross-border fund transfers
  • Tax advisory on remittances to avoid double taxation
  • Support in creating custom remittance plans for HNIs and corporates

4. NRI & Foreign Entity Advisory

  • Assistance with opening and managing NRO, NRE, and FCNR accounts
  • Advisory on acquisition and sale of immovable property in India
  • FEMA guidance for foreign citizens or companies setting up businesses in India
  • Compliance advisory for NRIs investing in Indian startups or listed companies
  • Structuring and compliance for gift or inheritance of Indian assets
  • Support in repatriating funds or inherited wealth outside India
  • Advisory on ownership and transfer of shares/securities by NRIs
  • Drafting of legal documents required for cross-border asset management
  • Representation and liaison with RBI, banks, and regulatory authorities