FDI & FEMA Compliance
Facilitating Foreign Investment in India
Facilitating Foreign Investment in India
Foreign investment drives India’s economic growth, but navigating FDI regulations and FEMA compliance requires specialized expertise. Probitas Law Associates provides comprehensive advisory on foreign investment structuring, regulatory compliance, RBI reporting, and cross-border transactions.
India’s FDI policy is sector-specific and continuously evolving. Our FDI practice helps foreign investors and Indian companies structure inbound investments that comply with sectoral caps, entry routes (automatic vs government approval), and operational conditions while optimizing for tax efficiency and exit flexibility.
How Can We Help?
Probitas Law Associates 10th Floor, Mittal Tower Nariman Point, Mumbai 400021 Maharashtra, India
Investment structuring begins with understanding sector-specific FDI limits and conditions. We advise on permissible routes for different sectors, downstream investment implications, sectoral conditionalities (like technology transfer requirements, export obligations), and strategic options when FDI caps constrain direct investment.
Press Note 3 (2020) introduced enhanced scrutiny for investments from countries sharing land borders with India (primarily targeting Chinese investments). Our practice navigates these restrictions, advising on government approval requirements, beneficial ownership disclosures, and compliance obligations for existing investments.
FEMA compliance is ongoing. We handle Foreign Currency-General Permission Route (FC-GPR) and Foreign Currency-Transfer or Issue of Security (FC-TRS) filings with RBI, Annual Performance Report (APR) submissions, Advance Reporting and Event-based reporting under Liberalised Remittance Scheme (LRS), and ensure compliance with sectoral regulations, pricing guidelines, and repatriation norms.
Outbound Direct Investment (ODI) by Indian entities involves distinct RBI frameworks. We structure overseas acquisitions, joint ventures, and wholly-owned subsidiaries by Indian companies, handle ODI approval processes, ensure compliance with overseas investment reporting, and advise on permitted routes and financial commitment caps.
FEMA violations attract penalties. Our practice includes FEMA compounding applications for regulatory breaches, representation before Enforcement Directorate, and regularization strategies for non-compliant structures.
FDI & FEMA Services:
- FDI structuring and regulatory advisory
- Sectoral FDI compliance and clearances
- Press Note 3 compliance and approvals
- FC-GPR/FC-TRS and RBI reporting
- Outbound Direct Investment advisory
- FEMA compounding and violation resolution