Foreign Exchange Management Act (FEMA) Services
The FEMA has a wide scope and is applicable to all cross-border transactions undertaken in any part of India and also applicable to all branches and offices set-up outside India which are owned or controlled by person resident in India.
Over the years, we have gained in-depth experience and expertise in providing one stop solutions to multitude of compliance and advisory services related to FEMA to both to Corporates and Non Corporates entities. We cater to compliances and advisory related to non-resident Indians (NRIs) settled across the globe and also assist corporate and other legal entities enabling effective compliance with foreign exchange regulations. Our array of services includes:
CONSULTANCY & ADVISORY SERVICES RELATED TO
- Interpretation of FEMA Rules, Regulations, Master Circulars and other allied acts.
- Application of FEMA rules and regulations to Residents, PIOs, NRIs and NRs for transaction and compliances related to :
- Residential status;
- Banking and remittances ;
- Property management and Inheritance;
- Gifts from and to outside India ;
- Repatriation strategies and Direct investment outside India (ODI)
- Advisory on assistance in choosing the best mode of infusing debt funds in terms of External commercial borrowing (ECB)
- Foreign Direct Investment(FDI) Planning for Entry And Exit (Repatriation) Route and Determining FDI Limits
- Inbound Investment Structuring Services where in we provide advisory services for assistance in Inbound Investment Structuring using tool of legitimate international tax planning to minimize or defer global taxes lawfully to meet the desired business and other objectives of such transactions. Our Direct Tax Team and Corporate Law Team together assist the client in cross-border structuring to ensure tax efficiency is achieved in India and also works in the other country not leading to any adverse tax consequences. Our Services for Inbound Investment Structuring include:
- Assistance in choosing the best entry and entity structuring for selecting entry mode such as a Liaison Office, Branch, Wholly Owned Subsidiary, Partnership, Trusts Sole-proprietorship, other entities each having its own pros and cons.
- Advisory services for assistance in choosing the best managerial, financial and Ownership Strategy.
- Advisory services for investment caps, automatic or approval routes for various sectors for green field and brown field investments.
- Advisory services for structuring an international or multi-jurisdictional transaction, to avoid double taxation.
- Obtaining approvals from the RBI and other allied regulatory authorities.
- Outbound Investment Structuring Services include :
- Assistance in choosing the best entry, entity strategy and capital structuring mode for investment outside India for obtaining optimal ownership rights, from tax perspective and regulatory jurisdiction.
- Choosing the best mode for routing shareholder and other relevant business agreements
REPRESENTATION AND APPROVAL SERVICES RELATED TO
- Assistance in liaison with Authorized Dealer on Issue and transfer of shares and providing representational services before authorized agents for any communication with RBI.
- Preparation of necessary forms and documents and filing with the prescribed authority for the purpose of compounding matters and other notices or intimation for various compliances;
COMPLIANCE SERVICES RELATED TO
- Assistance in obtaining approvals and registrations for setting and up a branch office, liaison office and project office of the foreign entity in India.
- Assistance in obtaining industry specific licenses.
- Assistance in obtaining approvals and registrations for setting and up a branch office, liaison office and project office of the Indian entity in India outside India.
- Filing of mandatory recurring, non-recurring returns, Statutory Forms with the RBI.
- Maintaining check on regular current compliance and risk analysis of past compliances
Our Company Law Advisory vertical with collaboration with the FEMA Team provides various secretarial services for share allotment, consolidation/sub-division of shares, share transfer and transmission, conversion of shares into stocks or warrants, issue of shares certificates, dematerialization of shares, forfeiture of shares etc.
They also assist in Post Business Set Up Phase by assistance in entity management and compliances related to alterations, modifications and changes with respect to the names of companies, objects, share capital, situation of registered office, amendments and alterations in the Memorandum and Articles of Association.
DRAFTING SERVICES RELATED TO
We also provide assistance in finalizing and review of shareholders’, JV and other relevant business agreements from FEMA and tax perspective.
ATTESTATION SERVICES RELATED TO
- Issuing share valuation certificates for Foreign Direct Investment(FDI)
- Issuing share valuation certificates for Overseas Direct Investment ODI
- Other documentation and remittance support and dealing with authorized dealers in connection with foreign remittances
DUE DILIGENCE AND ASSURANCE
- Due diligence of the investment opportunities in India;
- Due diligence of the financial statements ,agreements , arrangement and records of the Indian Entity required by the foreign investor in India;
- Assessment of Collaborations arrangements In/ Outside India
Some of our out of the box assignments and the value addition done by us are as follows:
|Nature of services rendered||Value Addition by VKC||Location at which client is based at||Client Background|
VKC assisted the client in providing advisory services on FEMA matters impacting the company from inbound investment into India in the form of form of FDI including :
|Dehradun||Company engaged in the manufacture of high-tech sports equipment viz. sensors, radars, membership kits and provides independent software testing services and caters to demand of software testing specializing in the field of sports industry. It has developed a completely ground-breaking, motion tracking technology which enables real-time player analysis and interactive sports game products that combine all the best elements of bowling machines, motion tracking, video analysis and web technology in one system. The company has customers in various countries and has extensive experience in delivering to high-profile international installations.|
|FEMA ADVISORY ON EDUCATION SECTOR AND OTHER MATTERS||VKC assisted the client in providing advisory services on FEMA impacting the education sector . Advisory on best mode of Ideal entry strategy for the investors.VKC assisted the company in defining roles, control and profit sharing model for future expansion and replicating the model.||Dehradun||A Group, incorporated in 1943 in Dehradun, is a household name in the State of Uttarakhand. Employing over 2000 people globally, headquartered at Dehradun, the only business house from Uttarakhand to have made a name globally.
Serving the people across the world for the past 75 years, the group is a hallmark of Precision, Quality, Integrity, Trust and their commitment to on-time Delivery.
|FEMA ADVISORY ON CALL MATTERS||
VKC has assisted different client on matter related to:
(1) Acquisition of immovable property by person resident outside India and its related issues
(2) NRI/NR Account operations in India and outside India
(3) VKC has assisted client in three stage reporting of FDI for
a. Reporting of Inflow
b. Reporting of issue/transfer of equity
c. Annual Reporting such as FLA return nd EMF Forms.
(4) FDI norms for LLPs and their tax planning and incorporation and three stage reporting.
(5) FDI norms for ODI Investment and its Annual Reporting .