Foreign Contribution (Regulation) Act 2010 and Amendment Act 2020 of FCRA

CRA 2010 is an Act to consolidate the law to regulate the acceptance and utilisation of foreign contributions or foreign hospitality by certain individuals or associations or companies and prohibit acceptance and utilisation of foreign contributions or foreign hospitality for any activities determinantal to the national interest and matters connected therewith or incidental thereto. This…

Repatriation of Investments, income and Sale, Proceeds of Assets by NRI/PIO

Besides investment in Bank deposits, NRIs and PIOs can invest in various financial instruments in India with earnings being repatriable. These investments include stocks through portfolio investment scheme accounts, government securities, public sector undertaking Bonds, the National Pension Systems, or units issued by Infrastructure Debt Funds. Repatriation of all the foreign source investments and accrued…

Creation of Charge on Immovable Property or financial securities in favour of overseas lender

RBI Master direction on ECB updated as of Sept. 30, 2022, FED Master Direction No. 5/2018-19 specifies that AD that Category I banks are permitted to allow the creation/cancellation of charges on immovable assets, movable assets, financial securities, and the issue of corporate and/or personal guarantees in favour of overseas lender/security trustee, to secure the…

Evolution of FEMA

The government of India enacted the Foreign Exchange Regulation Act, 1973 (FERA) to tackle the foreign exchange crisis in the country. The purpose of FERA was to regulate foreign exchange dealings and other related activities to conserve the country’s foreign exchange reserves. The stringent FERA rules were not amenable to integrating the Indian economy into…