FEMA RELATED

We provide consultancy in Foreign Exchange Management Act issues, RBI & Foreign Collaboration services for the aspirants which are tapping global opportunity. We have carved a niche as the reliable FEMA Consultant based in India. Our services are offered at market leading rates. We offer Foreign Exchange Management Act Consultancy that encompasses the entire gamut of foreign exchange law:

  • Consultancy – On implications of various provisions of the Foreign Exchange Management Act, 1999 (FEMA).
  • Planning – To plan the matters/transactions/projects/agreements involving FEMA
  • Collaborations In/ Outside India – Requirements of FEMA and its compliance
  • Investments Outside India (Overseas Investments) – Requirements of FEMA and its compliance
  • Investments By Foreign Enterprises, Foreign Residents in India (FDI) – FEMA law procedures and their compliance related matters & consultancy
  • Non Resident Indians (NRI)/Persons of Indian origin (PIO) – Privileges and obligations under FEMA related matters & consultancy
  • Statutory Compliances – As per Requirements of FEMA and their compliance
  • Taxation – Of foreign enterprises, opinion, consultancy and compliance
  • International Transactions covered under FEMA – Implications of Transfer pricing law and Double Taxation Agreements(DTA)
  • Opening of Liaison offices, Project office & Branch office in India– Law, procedure and compliance
  • FIPB (Foreign Investment Promotion Board) – Foreign collaboration agreement with various types of government approvals including Professional services in the field of obtaining FIPB approval for FDI
  • External commercial Borrowings( ECB) – Law Procedures and Compliance related matters & consultancy
  • Investment in Real Estate Sector through FDI and investment by NRI/ PIO in Real Estate sector – Law procedure and compliance
  • Residential status of Individuals – Law, procedure and compliance
  • Reserve bank Of India – Professional services in the field of obtaining permission under various provisions of FEMA, Filing of Intimations, Statutory Forms & Returns
  • Statutory Compliances – As per Requirements of FEMA and their compliance
  • Taxation – Of foreign enterprises, opinion, consultancy and compliance
  • International Transactions covered under FEMA – Implications of Transfer pricing law and Double Taxation Agreements(DTA)
  • Opening of Liaisoning office, Project office & Branch office in India– Law, procedure and compliance
Foreign Direct Investment (FDI)

The FDI regime has been progressively liberalized during the course of the 1990s (particularly after 2000), with most restrictions on foreign investment being removed and procedures simplified. With limited exceptions, foreigners can invest directly in India, either on their own or as a joint venture.

Today, there are very few industries where foreign investment is prohibited. Moreover, investment ceilings, which are applicable in certain cases, are gradually being removed /phased out.

Features of the government’s foreign investment policies and incentives offered by it:

  • No government approval is required for FDI in virtually all the sectors/activities, except for a small negative list formulated by the government.
  • The government has formulated ”Sector Specific Guidelines for FDI,” wherein investments up to specified sectoral caps are covered under the automatic route, with a few exceptions.
  • FIPB considers proposals for foreign participation that do not qualify for automatic approval.
  • Decisions on all foreign investment proposals are usually taken within 30 days of submitting an application.
  • Free repatriation of capital investment is permitted, provided the original investment (on a repatriable basis) was made in convertible foreign exchange. Further, free repatriation of profits on capital investment is permitted, subject to payment of taxes and other specified conditions
  • Use of foreign brand names/trademarks is permitted for the sale of goods in India.
  • Indian capital markets are open to FIIs.
  • Indian companies are permitted to raise funds from international capital markets.
  • Special investment and tax incentives are given for exports and sectors, including power, electronics, software and food processing.
  • “Single window” clearance facilities and “investor escort services” are available in various states to simplify the approval process for new ventures.
Permission for opening Branch office

Foreign companies are allowed to set up branch office in India for the purpose of following activities:

  • Export/import of goods
  • Rendering professional or consultancy serv
  • Carrying out research work in which the parent company is engaged
  • Promoting technical or financial collaboration between Indian companies and the parent
  • Representing the parent company in India and acting as a buying/selling agent in the country
  • Providing IT services and developing software in India
  • Tendering technical support for the products supplied by parent/group companies
  • Undertaking activities for foreign airline/shipping companies

A branch office is not allowed to carry out retail trading, manufacturing (except within SEZs) or processing activities in India. Branch offices are allowed to be set up in SEZs to carryout manufacturing and service activities in the country without specific approval from RBI, subject to prescribed conditions.

Such branch offices could be established with the approval of the government of India and may remit outside India profit of the branch, subject to applicable Indian Rules & Regulation.

Permission for opening Liaison office

Foreign corporations are permitted to open liaison/representative offices in India (subject to obtaining specific approval) by RBI, to undertake liaison activities on their behalf. These offices act as a communication channel between the foreign corporations and Indian customers. Such offices are normally established by foreign corporations to promote their business interests by spreading awareness about their products and also to explore opportunities for setting up a more permanent presence in the country.

A liaison office in India is permitted by RBI to undertake the following activities:

  • Representing the parent company/group companies in India
  • Promoting export/import from/to India
  • Promoting technical/financial collaborations between parent/group companies and organizations in India
  • Acting as a communication channel between the parent company and Indian companies.

Foreign Insurance companies can establish liaison offices in India after obtaining approval from the IRDA, without a specific approval from the RBI.

Setting up Project Office

Foreign Companies planning to execute specific projects in India can set up a temporary project/site office in India for carrying out activities only relating to the project for which it has setup project office. The Government of India has now granted general permission to foreign entities to establish project offices subject to terms & conditions.

CAPITAL MARKET (SEBI) CONSULTING SERVICES

We offer complete direction to the clients regarding different rules and regulations of SEBI; we work closely for BSE Limited, National Stock Exchange, Delhi and other regional Stock Exchanges. We work for many groups listed with BSE Limited and provide different services catering specific requirements. We provide the capital market services under the following categories.

FUND RAISING ADVISORY SERVICES:We provide you the Professional Advisory services in raising Capital through both the ways by following methods:

  • Issue of Equity shares as Initial Public Offering (IPO)/ Further Public Offering (FPO).
  • Issue of Right shares.
  • Preferential allotment of Equity Shares.
  • Issue of Sweat Equity Shares (ESOS/ESPS).
  • Issue of Convertible / Non convertible Debentures & Bonds.
  • Private Equity Placements.
  • Joint Venture/ Financial Collaboration.
  • Financial Restructuring of Securities.
  • Listing of Securities.
  • Delisting of Securities.
  • Takeover Code Compliances.
  • Stock Exchange / SEBI Regular Compliances.
  • Loan Syndicate from Banks / Financial Institutions.
  • Project Appraisal Management.

IPO’S ADVISORY SERVICES: We provide complete support in matters related to the formation and listing of an IPO. We analyses risks, review advantages, and prepare a report that assesses a company’s investment potential and other fund raising options. Services include:

  • Reviewing the company’s structure and operations
  • Financial due diligence
  • Tax and legal restructuring in preparation for IPO
  • Meeting the requirements of the Stock Exchanges
LISTED COMPANIES ADVISORY SERVICES
  • Postal Ballot Assignments
  • AGM Proceedings and related issues
  • Matters concerning Managerial Remuneration under Schedule XIII
REPRESENTATIONS BEFORE THE AUTHORITIES
  • Securities & Exchange Board of India (SEBI)
  • Stock Exchanges (NSE / BSE / RSEs)
  • Multi-Commodity Exchanges (NCDEX, MCX etc.)
  • Ministry of Company Affairs (MCA)
  • Company Law Boards (CLB)
  • Regional Director (RD)
  • Official Liquidator (OL)
  • Registrar of Companies (ROC)
  • Reserve Bank of India (RBI)
UNDER LISTING AGREEMENT
  • Assisting in compliance of various Listing Clauses under the Listing Agreement.
  • Guiding on compliance of Clause- 49 of the Listing Agreement i.e. Corporate Governance.
  • Quarterly/Half-Yearly/Yearly conducting Secretarial Audit of Listed Companies for ensuring Listing/SEBI compliances.
OTHER UNDER SEBI
  • Assisting in filing of various forms under Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997.
  • Assisting in filing of various forms under Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 1992.
  • Advising on various SEBI Regulations like SEBI Takeover Code, SEBI Insider Trading Regulations, SEBI (ICDR) Regulations, 2009, SEBI Portfolio Managers Regulations, SEBI Broker Regulations with respect to IPO, Public Issue, Right Issue, Bonus Issue, Preferential Allotment, QIP, Delisting Buy Back of shares, Open Offer- Takeover, Delisting, Dematerialization of Shares, Advisory on Public/Right/Bonus/ Preferential Issue, Insider Trading Compliances, Providing Advisory services for the matters relating to Security Law, SEBI Guidelines, and ICDR Regulations, Portfolio Management Services (Rules and Regulations), Matters relating to Brokers’ Registration Fee, Multiple Membership fee Consent orders and Appeals before Securities Appellate Tribunal (SAT)
  • Assisting in obtaining various regulatory approvals from SEBI/BSE/NSE.
  • Assisting in Delisting of Companies from Stock Exchanges under SEBI (Delisting of Equity Shares) Regulations, 2009.
RESERVE BANK OF INDIA (RBI) CONSULTING SERVICES

We have carved a niche as one of the prime RBI Consultants. The company provides complete guidance to the clients that are related to Foreign Direct Investment, Foreign Portfolio Investment, Acquisition and Transfer of Indian Immovable Property, Acquisition and Transfer of shares of Indian Company and so on. Backed by a highly qualified team, we strive hard to assist the clients in the best possible way we can.

We are engaged in offering:

EVENT BASED ADVISORY :

  • Foreign Direct Investment
  • Foreign Portfolio Investment
  • Acquisition and Transfer of Indian Immovable Property
  • Allotment of Shares to non residents
  • Allotment of shares at premium to non-residents
  • Transfer of shares from Indian resident to non-residents.
  • Assisting foreign clients in complying with the RBI regulations for Wholly Owned subsidiaries, Opening and operating of Branch and Liaison offices, Project Offices etc
  • Foreign Technology Transfer Agreements in India
  • Incorporation of company in India by NRI
  • Compliance of the procedure including chartered Accountants Certification for repatriation of income/assets from India
  • Making applications to Reserve Bank of India for purchase/sale of shares, debentures & securities and directly to and from Residents in India and outside India.
  • Making application to Reserve Bank of India for purchase/sale of residential and commercial property including renting out of property.
  • Setting up Partnership / Partnership by NRI’S or persons of Indian origin.
REGULAR APPROVALS :
  • Filling Forms and Disclosures for regular Compliances.
  • Submission of returns and timely disclosures.
SERVICES TO NBFC SECTOR :
  • Registration of companies as Non Banking Financial Companies NBFCs with the Reserve Bank of India.
  • Turnkey Compliance Services to existing NBFCs
  • Appeals to the Appellate Authority against rejection of NBFC Applications by the RBI