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The Classic Partners LLP · FEMA & RBI

FEMA Consultants India

Is the transaction permitted, under which route, what has to be reported, and what do we do about the filing that was already missed?

Quick answer

Most FEMA work comes down to four questions: whether a transaction is permitted, under which route, what has to be reported and by when, and what to do about anything already missed. Advisory covers structuring inbound and outbound investment, reporting on the RBI's FIRMS and overseas investment portals, the Late Submission Fee route for delayed filings, and compounding applications to the RBI where a contravention has already occurred.

What we cover

What our FEMA practice covers

Structuring before the transaction, reporting after it, and remedies when it went wrong.

  • Eligibility, entry route and sectoral conditions for inbound investment
  • Structuring outbound investment and financial commitment limits
  • Reporting: FC-GPR, FC-TRS, LLP Forms I and II, FLA and annual performance reports
  • Pricing guidelines, valuation and downstream investment analysis
  • Late Submission Fee computation for delayed filings
  • Compounding applications and representation before the RBI
Key components

Four kinds of FEMA work

Advisory, reporting, remediation and representation.

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Structuring

Route, instrument and pricing decided before money moves, including downstream investment implications for the group.

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Reporting

Every return the transaction triggers, filed within its own window on the correct RBI portal.

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Regularisation

Delayed filings brought current through the Late Submission Fee mechanism, where that route is available.

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Compounding

Applications to the RBI to compound contraventions, with the facts, disclosure and submissions prepared properly.

How we work

Our process

How we approach a FEMA question.

1

Fact review

Establishing what actually happened, when, and through which banking channel.

2

Position and options

A written view on whether the transaction is compliant and what the available routes are.

3

Filing or application

Reporting the transaction, or preparing the compounding or approval application.

4

Closure

Following through to acknowledgement or order, and setting up the recurring calendar.

Why choose us

Why FEMA is worth getting right early

What sets our approach apart.

Diligence finds everything

Unreported allotments and missed FLA returns surface during fundraising or an exit, at exactly the point where they cost the most leverage.

Most delays are fixable

The Late Submission Fee route resolves a large share of reporting delays without a compounding application, if it is used before matters escalate.

Penalties are transaction-linked

Contraventions under FEMA can attract penalties measured against the amount involved, so exposure grows with the size of the transaction, not the size of the company.

FAQs

FEMA Consultants India questions answered

What people ask before engaging us.

The work spans advice on whether a cross-border transaction is permitted and on what terms, execution of the RBI reporting it triggers, and remediation where reporting was missed or a transaction was structured incorrectly. In practice it also involves coordinating with the AD bank, which is the channel through which most of these transactions are routed.
Compounding is a process under which a person who has contravened a provision of FEMA voluntarily applies to the RBI to have the contravention settled by payment of a compounding amount. It brings the matter to a close and is generally preferable to leaving a contravention outstanding, but it requires full disclosure of the facts.
In most cases, yes. Delayed filings of returns such as FC-GPR, FC-TRS and the LLP forms can generally be regularised by paying a Late Submission Fee within the period allowed for that route. Where the delay is beyond that period, or the underlying transaction itself is non-compliant, compounding is the route.
Most sectors permit foreign investment under the automatic route, where no prior approval is needed and only post-facto reporting applies. Prior government approval is required for sectors on the government route, for investments from certain neighbouring countries, and where sectoral caps or conditions are exceeded.

Have a cross-border transaction in mind?

Speak to us before the money moves — structuring is far cheaper than compounding.

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