There are specific conditions prescribed under FEMA with respect to various forms of instruments that can be issued to non-residents. Further, there are compliances associated with the issue of capital instruments.

Our team can provide you with end-to-end advice and assistance in undertaking the prescribed compliances related to the issue of capital instruments.

Our team can advise on specific transactions from a FEMA standpoint and guide you on procedural aspects concerning the requirement of obtaining approvals/ licenses from the regulatory authorities/ registrations under FEMA and undertaking prescribed compliances. This will enable you to take informed decisions and prevent non-compliances.

We can help you understand the merits and demerits associated with each type of office in India.

You may also need assistance in winding-up an office which you had set up in India. We can assist you with the compliances associated with the establishment as well closure of office in India. 

There are onerous responsibilities entrusted upon the management of every organization. Compliances prescribed under multiple statutes make it challenging to ensure that all compliances have been undertaken and in a timely manner. Regulators in India are adopting a rather strict and zero tolerance outlook towards non-compliances. Non-compliances may attract monetary penalties and under some statutes even personal liabilities have been prescribed for the key managerial personnel. Diagnostic review is a review of internal processes driving transactions having regulatory implications. This review is not only based on our knowledge of the regulatory requirements but also on the experience gathered by us while reviewing practices followed in comparable organisations. While this is not an audit of transactions, the product is designed to review the effectiveness of various processes followed by an organisation from a FEMA perspective, to ascertain whether prescribed compliances are in place and whether the processes are up to date. Lapses, if any, can be identified at an early stage and timely corrective action can be taken, thereby mitigating the risk of monetary penalties and risk of investigation. Diagnostic reviews could take any of the following forms:

• Pre-transaction (precautionary) review
• Routine dip-stick diagnostic review
• Special purpose diagnostic review of a specific type of transaction

Diagnostic review seamlessly compliments due-diligences conducted prior to mergers and acquisitions. It serves as a relief to the top management, especially, independent directors, if any.

With the advent of real time reporting and data collection by the banking system, regulators and law enforcement agencies, monetary transactions can no longer be brushed under the carpet. Contraventions have become more visible and glaring, and the Indian Government has been adopting a zero tolerance towards defaults in reporting transactions and other regulatory contraventions. However, FEMA offers stakeholders a reasonable opportunity to regularize reporting delays by payment of late submission fees, and in cases of other lapses and contraventions, by obtaining ex-post facto approvals and compounding.

Our team has a wide experience in assisting clients in identification of lapses and contraventions and advising on remedial measures. We can provide end-to-end handholding, right from the stage of identification of lapses/ contraventions, up-to regularization by adopting the right approach.