Dealing with RBI FEMA Compliance or
Planning an Overseas Subsidiary?
Expert 30-min consultation for ₹999
(Fee fully adjustable against our services)
Priority Response
RBI & FEMA Consultancy Services
Strategic advisory on Cross-Border Transactions, Foreign Direct Investment (FDI), Overseas Direct Investment (ODI) Structuring, ECB, LRS, and Compounding of Contraventions.
Our Core FEMA Offerings
🌍 Cross-Border Structuring
Structuring inbound and outbound investments (FDI/ODI) to align with business goals while ensuring FEMA & tax efficiency.
🚀 ODI & Overseas Expansion
End-to-end support for setting up subsidiaries abroad (Singapore, USA, Dubai). Valuation, Form FC for ODI filing, and APR compliance.
Read ODI Guide →
💸 FDI & FC-GPR Compliance
Advisory on sectoral caps, pricing guidelines, and filing Form FC-GPR/FC-TRS on FIRMS portal for foreign investments.
🏦 ECB Advisory
Structuring External Commercial Borrowings, obtaining LRN, filing Form ECB, and ensuring monthly ECB-2 returns.
⚖️ Compounding & Notices
Handling RBI/ED notices, drafting replies, and filing compounding applications to regularize past non-compliances.
🛂 NRI & LRS Advisory
Guidance on repatriation of funds (NRO/NRE), property acquisition, and portfolio investments under LRS limits.
Our Process
1. Understanding Needs
Detailed assessment of your transaction intent, entity structure, and regulatory landscape to identify the right FEMA route.
2. Planning & Strategy
Customized advisory on Automatic vs. Approval routes, documentation requirements, and timeline planning.
3. Execution & Filing
Co-ordination with AD Bank, RBI and filing of forms such as Form FC-GPR for FDI/Form FC for ODI & Form ECB-2 for ECB compliance.
4. Review & Compliance
Post-filing tracking, APR reporting, and maintenance of a compliance calendar for ongoing regulatory safety.
Why Choose Us
📘 Expert Guidance
Backed by 15+ years of cross-border structuring and regulatory advisory experience.
⚖️ End-to-End Compliance
From planning to documentation and RBI liaison, we manage the entire lifecycle.
⏱️ Timely Execution
Streamlined coordination with Authorised Dealers (AD Banks) and stakeholders.
🔐 Risk Mitigation
Avoid penalties, LSF, and non-compliance by working with domain specialists.
Success Stories
📘 ODI in Singapore
Guided an Indian tech company in setting up a wholly-owned subsidiary in Singapore. Managed valuation, board resolutions, and successful ODI Form filing.
📘 $3M ECB Fundraising
Facilitated External Commercial Borrowing for a manufacturing unit. Structured the deal, obtained LRN, and ensured monthly ECB-2 compliance.
📘 ODI for Delaware Flip
Structured an Indian SaaS startup’s expansion to a Delaware C-Corp for Y-Combinator. Managed valuation, share swaps, and Form FC for ODI filings under the automatic route, ensuring full compliance with “Round Tripping” norms for seamless global fundraising.
📘 ₹10 Cr FDI Inflow
Assisted a foreign VC investor with FDI in an Indian startup. Handled FC-GPR filing, AD Bank coordination, and sectoral compliance checks.
RBI & FEMA FAQs
What is the timeline for filing FC-GPR after receiving FDI?
FC-GPR must be filed within 30 days of share allotment on the FIRMS portal. Share allotment itself must happen within 60 days of receiving funds.
Can a startup raise ECB (External Commercial Borrowing) under automatic route?
Yes, eligible borrowers can raise up to USD 750 million per financial year under the automatic route, subject to all-in-cost ceilings and minimum average maturity period (MAMP) norms.
What are the LRS limits for overseas investment by resident individuals?
Under the Liberalised Remittance Scheme (LRS), resident individuals can remit up to USD 250,000 per financial year for permissible current or capital account transactions.
Is FLA return mandatory for all companies with FDI?
Yes, the Annual Return on Foreign Liabilities and Assets (FLA) must be filed by July 15th every year by all Indian companies that have received FDI or made ODI in previous years.
What is Form FC and who files it?
Form FC is the RBI reporting framework for overseas direct investment (ODI) by an Indian entity/resident. Typically, the Indian party submits the ODI details and documents through its AD Category-I Bank for verification and reporting.
What is the “financial commitment” concept under ODI and why does it matter?
ODI limits are tested on the total financial commitment (not just equity), which can include equity/CCPS, loans, and guarantees issued to the overseas entity. Correctly mapping financial commitment helps determine whether the transaction is under automatic route or needs approval.
What are the common ongoing compliances after making an ODI investment?
Post-ODI, companies usually need to maintain an ODI compliance calendar covering APR (annual performance reporting), FLA return (where applicable), and event-based reporting for changes like additional infusion, restructuring, or disinvestment.
What is compounding of contravention under FEMA?
It is a voluntary process to settle FEMA violations (like delayed filings) by admitting the lapse and paying a penalty, avoiding lengthy legal adjudication.
How is ‘Late Submission Fee’ (LSF) calculated for delayed reporting?
LSF is calculated based on the amount involved and period of delay. It allows regularisation of reporting delays (like Form FC-GPR for FDI/Form FC for ODI) without compounding, subject to limits.
Can an Indian startup set up a subsidiary in the USA (Delaware)?
Yes, under the ODI (Overseas Direct Investment) route. Startups can invest up to 400% of their net worth under the automatic route. See our full ODI Guide.
Do ESOPs to foreign employees require RBI approval?
Generally, no approval is needed if the scheme complies with FEMA norms. However, reporting via Form FC-GPR or semi-annual statements is mandatory.
What is the difference between FDI and FPI?
FDI involves a long-term interest and control (>10% stake) in an unlisted or listed company. FPI (Foreign Portfolio Investment) is typically for short-term (<10% stake) investment in listed securities.
How does A S Banka Advisors assist with FEMA notices?
We review the notice, prepare a comprehensive reply citing relevant regulations, represent you before RBI/ED authorities, and handle compounding applications if necessary.
Resolve Your FEMA & RBI Challenges
From routine filings to complex compounding and cross-border structuring, get expert CA guidance.
Services
- RBI and FEMA Consultancy Services
- SME IPO Advisory
- ESOP Implementation and Management
- Fund Raising Advisory Services
- Start-up Services
- Due Diligence & Pre Due Diligence Preparation
- Taxation Services
- Corporate Law & Deal Advisory
- International Taxation Services
- NRI – Inbound & Outbound Transactions
- CFO Services
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