FEMA Provisions on Assets Held Outside India

Under the Foreign Exchange Management Act (FEMA), 1999, special provisions apply to assets held abroad by persons resident in India. These rules regulate ownership, transfer, and investment in foreign assets, ensuring legal compliance and preventing unauthorized holdings.  Key Provisions 1. Section 4 of FEMA * Prohibits residents from acquiring, holding, owning, possessing, or transferring any…

Directorate of Enforcement (ED) under FEMA

The Directorate of Enforcement (ED) is the central agency responsible for investigating and enforcing violations of the Foreign Exchange Management Act (FEMA), 1999  in India. Functioning under the **Ministry of Finance**, it plays a crucial role in safeguarding the integrity of the foreign exchange market and ensuring compliance with India’s foreign exchange laws. Key Roles…

Understanding Contravention, Penalties, Adjudication and Appeals mechanism under FEMA

Under FEMA, contraventions, penalties, adjudication, and appeals are handled through a structured legal process to ensure fairness and regulatory compliance in foreign exchange dealings. Contravention Under FEMA A contravention occurs when any person, company, or entity violates the provisions, rules, regulations, or directions issued under FEMA, or acts against the conditions attached to any authorization…

Key RBI Powers over Authorized Persons

The Reserve Bank of India (RBI) has extensive powers with respect to authorized persons under FEMA (Foreign Exchange Management Act, 1999), enabling it to regulate, supervise, and enforce compliance in the conduct of foreign exchange transactions. Authorization & Licensing RBI is empowered to authorize any person or entity (banks, money changers, financial institutions) to act…

Regulatory Framework of Payment and Settlement Systems in India: Overview of the PSS Act, 2007

The Payment and Settlement Systems Act, 2007 (PSS Act) governs the regulation and supervision of payment systems in India and designates the Reserve Bank of India (RBI) as the regulatory authority for this purpose. The Act empowers the RBI to establish a committee, namely the Board for Regulation and Supervision of Payment and Settlement Systems…