FEMA
A Company Secretary (CS) plays a crucial role in ensuring compliance with the Foreign Exchange Management Act (FEMA). Their expertise in corporate laws and regulations, coupled with a deep understanding of FEMA, makes them invaluable assets for businesses involved in cross-border transactions.
1
FDI Reporting with RBI
We assist in timely and accurate reporting to the Reserve Bank of India (RBI) regarding Foreign Direct Investment (FDI) inflows, including issuance of fresh equity instruments and transfer of equity instruments. This involves preparing and filing necessary forms and documents, ensuring compliance with FDI policy norms and regulations.
2
Annual Return of Foreign Liabilities and Assets
Company Secretaries help in the preparation and submission of the Annual Return of Foreign Liabilities and Assets (AFR) to the RBI. This return provides a comprehensive overview of a company's foreign exchange exposure and its compliance with FEMA regulations
3
Legal Entity Identifier (LEI) Registration and Renewal
Company Secretaries assist in the registration and renewal of a Legal Entity Identifier (LEI) for the company. LEI is a unique identifier assigned to legal entities involved in financial transactions. This ensures transparency and efficiency in cross-border transactions.
4
Overseas Direct Investment (ODI) Reporting with RBI
Company Secretaries help in reporting ODI transactions to the RBI, including investments in foreign companies. This involves complying with FEMA regulations, preparing necessary documentation, and filing returns with the RBI.
5
Setting Up Liaison Offices, Branch Offices, and Project Offices in India
Company Secretaries assist in the establishment of liaison offices, branch offices, and project offices in India by foreign companies. This includes obtaining necessary approvals from the RBI and other regulatory authorities, complying with FEMA regulations, and ensuring adherence to Indian laws.
6
Other FEMA-Related Services
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Foreign Exchange Transactions: Advising on inward and outward remittances, foreign currency loans, and other foreign exchange transactions.
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Transfer Pricing: Assisting in transfer pricing compliance and documentation.
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Foreign Contributions Regulation Act (FCRA): Advising on FCRA regulations and ensuring compliance.
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General FEMA Advisory: Providing legal opinions and guidance on complex FEMA issues.