12. RBI & FEMA Overseas Law Compliance

RBI / FEMA / Overseas Law Compliance

Ensuring Your Global Transactions Are Legally Sound and Fully Compliant

In today’s global business landscape, foreign investments, cross-border transactions, and overseas dealings are common — but they come with complex legal and regulatory frameworks. Compliance with RBI guidelines, FEMA (Foreign Exchange Management Act) provisions, and other international regulatory laws is not just essential — it is mandatory to avoid legal risks, penalties, and disruptions in business operations.

As your trusted Company Secretary (CS) service partner, we specialize in providing end-to-end compliance solutions tailored to your global business needs.

Our Expertise Covers:

🔹 FEMA Compliance :

Filing of FC-GPR / FC-TRS / ODI / FLA returns

Assistance in Foreign Direct Investment (FDI) and External Commercial Borrowings (ECB)

Setting up Joint Ventures (JVs) or Wholly Owned Subsidiaries (WOS) abroad

Advisory on repatriation of funds, transfer of shares, and foreign remittances

🔹 RBI Compliance :

Advisory on RBI’s Master Directions and Circulars

Representations and liaising with Authorized Dealers (AD Banks) and the RBI

Handling Compounding Applications for FEMA violations

Annual compliance filings with RBI / AD Banks

🔹 Overseas Law & Regulatory Advisory

Assistance with compliance in cross-border mergers, acquisitions, and collaborations

Guidance on international reporting norms (like FATCA / CRS)

Advisory on foreign asset disclosure under Indian laws

Support for global structuring and tax-efficient planning

Types / Levels of Compliance We Serve

📚 Additional Information

Who Needs These Services?

Indian Companies receiving or sending funds abroad

Startups receiving foreign investments (FDI / convertible notes)

NRIs or Foreign Nationals investing in India

Businesses with overseas subsidiaries or joint ventures

Exporters & Importers dealing with forex transactions

Individual Investors / HNIs with offshore investments or remittances

📄 Documents Generally Required

For most FEMA / RBI compliance services, you may need:

Certificate of Incorporation, MOA, AOA

FIRC, KYC from AD Bank

Shareholder Agreements or Investment Agreements

Board Resolutions / Special Resolutions

Valuation Certificate (if required)

RBI User ID & Authorization Letter (for filings like FC-GPR, FLA)

CA / CS Certificate and FEMA Declarations

🕒 Timelines & Due Dates

⚠️ Consequences of Non-Compliance

Monetary penalty up to 3 times the transaction value

Prosecution or legal proceedings under FEMA

RBI rejection or delay of future applications

Trouble in banking transactions, funding, and M&A activities

Reduced credibility in foreign markets and investors

Our Assistance Includes

Documentation & drafting

Online portal-based RBI filings

FEMA advisory with regulatory updates

Legal vetting of contracts related to foreign parties

End-to-end RBI/FEMA representation and follow-up

🌍 Industries We Serve

Manufacturing & Trading Companies

IT / SaaS / Startups

Fintech and Financial Services

Real Estate & Infrastructure

Pharma & Healthcare

Education & EdTech

E-commerce and Exporters

🤝 Engagement Models

One-time Filing Support (e.g., FC-GPR, ODI)

Monthly/Quarterly Compliance Retainers

Annual Compliance Management

FEMA Audit Preparedness & Health Check

💼 Why Choose Us?

✔ In-depth knowledge of RBI & FEMA laws

✔ Hassle-free document drafting, filing, and liaisoning

✔ Personalized advisory with strategic compliance planning

✔ Timely reminders and expert handling of annual filings

📌 Other Important Information

Penalties for non-compliance under FEMA can be severe — up to 3x the transaction amount.

Many transactions require prior approval from RBI — we help you identify and obtain the same.

Regular filings like FLA Returns (by July 15th) are mandatory even for dormant foreign investments.

RBI audits and scrutiny are increasing — proactive compliance is key to business reputation and continuity.

Tip: Many businesses unknowingly miss compliance due to lack of awareness. As your CS partner, we proactively track your transactions and ensure timely actions.