FEMA Ready Reckoner with Commentary (2 Volumes)

FEMA Ready Reckoner with Commentary (2 Volumes) PDF

Author: R.Sridhar,

Publisher: Bloomsbury Publishing

Published: 2021-05-30

Total Pages: 3158

ISBN-13: 9390176336

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About the Book The book seeks to provide readers with a practical insight into provisions of FEMA and associated laws in the form of commentary. General focus of exchange control laws has gradually shifted over time to compliance, reporting and documentation. Given that FEMA provides for significant penalty and prosecution; there is little room for non-compliance. This book is an attempt to provide professionals and compliance officers with essential knowledge and tools to understand and undertake the necessary compliances. The book provides the latest position without compromising on changes in the law that have taken place over time. This book is an attempt to equip professionals, be it CS, CA, CMA or corporate lawyers, who are desirous of undertaking compliances or practicing on exchange control laws with the requisite knowledge and expertise. It seeks to be a practical guide to interpretation and compliances under exchange control laws. The book promises to be the go-to resource for exchange control laws for current and would be professionals and compliance officers. Key features Extensive coverage of FEMA and its allied rules and regulations with Commentary. Explanation of complex concepts in a lucid manner using illustrations and examples so as to provide clarity and better understanding of the law. Diagrammatic and tabular representation of various concepts for simple and quick understanding. Covering pertinent answers to issues not explicitly defined by law but clarified through practice or interpretation of the regulators. Comprehensive coverage of: (i) FEMA & Allied Acts: – Foreign Exchange Management Act, 1999 – Foreign Contribution (Regulation) Act, 1976 – Foreign Exchange Regulation Act, 1973 – Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 – Foreign Trade (Development and Regulation) Act, 1992 – Prevention of Money Laundering Act, 2002 – Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (ii) Rules and Regulations issued under FEMA Act, 1999 (iii) Forms (iv) FAQs issued by Reserve Bank of India (v) Press Notes (vi). Notifications issued under FEMA (vii). AP DIR Circulars (viii). Consolidated FDI Policy Circular of 2020 effective from October 15, 2020 (ix). Master Directions

Taxmann’s FEMA Practice Manual – Comprehensive Commentary on FEMA, Simplifying Complex Cross-border Transactions with—Checklists | Examples | Case Studies | Compounding Orders | Case Laws

Taxmann’s FEMA Practice Manual – Comprehensive Commentary on FEMA, Simplifying Complex Cross-border Transactions with—Checklists | Examples | Case Studies | Compounding Orders | Case Laws PDF

Author: CA Sudha G. Bhushan

Publisher: Taxmann Publications Private Limited

Published: 2024-06-27

Total Pages: 33

ISBN-13: 9357787917

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This book aims to simplify the fundamentals while providing exhaustive coverage of the relevant laws and regulations. It provides a comprehensive commentary on various sections, rules, and regulations under the Foreign Exchange Management Act (FEMA), making it a complete guide to foreign investment provisions. This book is a comprehensive resource for professionals and Authorized Dealer (AD) banks, enabling effective management and implementation of Foreign Exchange law in India. It is a one-stop solution for: • Professionals, including Chartered Accountants, Company Secretaries, Cost Accountants, and Lawyers • Chief Financial Officers (CFOs) of multinational and Indian companies • Authorised Dealer Banks • Students • Individuals interested in international transactions The Present Publication is the 3nd Edition, authored by CA Sudha G. Bhushan. It is amended up to 7th June 2024, with the following noteworthy features: • [In-depth Analysis] Detailed commentary on every section of FEMA, providing a thorough understanding of the law • [Essential Resource] A must-have for persons managing trade or capital account transactions • [Clear Guidance] Simplifies various provisions with easy-to-understand language and practical examples based on real case studies • [Key Concepts Explained] Breaks down essential concepts like Residential Status and Capital/Current Account transactions with numerous examples • [User-friendly Approach] Includes pictorial representations, checklists, examples, case studies, and RBI compounding orders to make complex laws comprehensible • [Practical Focus] Provides detailed guidelines and procedures for transactions, making it easy to understand and apply the law The contents of the book are as follows: • [Fundamentals] o This division covers the historical background and regulatory framework of FEMA, illustrating the paradigm shift from FERA to FEMA o It includes detailed commentary on current and capital account transactions, currency management, and the roles of regulatory bodies like the Reserve Bank of India (RBI) and the Central Government o This division also explains the balance sheet approach to evaluate transactions under FEMA and provides guidelines on maintaining foreign currency accounts • [Foreign Investment] o This unit provides an in-depth analysis of foreign investment regulations, including Foreign Direct Investment (FDI) and Foreign Portfolio Investment (FPI) o It discusses the governing regulations, types of foreign investments, entry routes, pricing methodologies, and downstream investments, offering practical insights for effective compliance and management • [Cross Border Assets] o This unit focuses on the acquisition and transfer of immovable property in India by non-residents and vice versa o It addresses the restrictions, procedural requirements, and conditions for repatriation of sale proceeds, ensuring a clear understanding of cross-border asset management • [Borrowings] o This unit discusses the various aspects of borrowings, including trade finance, External Commercial Borrowings (ECB), acceptance of deposits, and issuance of guarantees o It provides detailed guidelines on the procedures, compliance requirements, and benefits associated with different types of borrowings • [International Financial Services Centre (IFSC)] o This unit explains the strategic objectives, benefits, and regulatory framework of IFSCs o It highlights the promotion of investments in IFSCs by the Central Government and discusses the provisions related to overseas investment in and out of IFSCs • [Trade Transactions] o This unit covers the regulations governing exports, imports, and merchanting trade o It details the procedural requirements, obligations of exporters, realisation and repatriation of export proceeds, and the various types of exports, providing a comprehensive guide for trade-related transactions • [Contravention and Offences] o This unit addresses the consequences of non-compliance with FEMA, including the process of compounding, penalty provisions, adjudication procedures, and the role of the Enforcement Directorate o It provides practical examples and case studies to illustrate the compounding process and the implications of non-compliance • [Overseas Investment] o This unit provides a detailed framework of the new overseas investment regime, including definitions, pre-conditions, routes, and pricing guidelines for making overseas investments o It covers the roles and responsibilities of AD banks, reporting requirements, and the procedures for disinvestment and restructuring

Taxmann’s FEMA Practice Manual – A comprehensive day to day commentary on FEMA for professionals presented in a simple, exhaustive & practically useful manner with examples

Taxmann’s FEMA Practice Manual – A comprehensive day to day commentary on FEMA for professionals presented in a simple, exhaustive & practically useful manner with examples PDF

Author: Sudha G. Bhushan

Publisher: Taxmann Publications Private Limited

Published: 2022-04-21

Total Pages: 28

ISBN-13: 935622143X

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This is a comprehensive book on the Foreign Exchange Management Act 1999 (FEMA), which presents a wide range of complex cross-border transactions in a meaningful and straightforward manner. It helps the reader understand the intricacies of the law and guides companies in effective compliance. This book is a one-stop solution for the following: • Professionals including Chartered Accountants, Company Secretaries, Cost Accountants, Lawyers, etc. • Chief Financial Officers (CFOs) of Multinational & Indian Companies • Authorised Dealer Banks • Students • Persons having an interest in international transactions The Present Publication is the latest 2022 Edition, authored by CA Sudha G. Bhushan. It is amended up to 14th March 2022, with the following noteworthy features: • [Exhaustive Commentary] on various Sections, Rules, Regulations under FEMA. It also provides a complete guide to foreign investments, presented in a manner that is easy to understand & practical to use • [Practical Examples] that are primarily based on real case studies have been incorporated in this book for every point • [Entity-wise Bifurcation of provisions of FEMA] All provisions concerning one type of entity (e.g. NRI, Residents, Unincorporated Entities, LLPs, etc.) are discussed in the respective chapters. This makes the book useful for the practitioners who are advising their clients • [Balance Sheet Approach] is used in the book to describe the applicability of provisions of FEMA, which will be particularly useful to CFOs of multinational & Indian companies • [Making the Complex Law, Simple] Every effort has been made to use pictorial representations, checklists, examples, case studies, various Compounding Orders issued by the Reserve Bank of India to provide a clear understanding of the subject • [Guidelines & Procedures] required for transactions have been discussed in detail The structure of the book is as follows: • [Introduction to Foreign Exchange Management Act, 1999] Chapter 1 provides commentary on every section of FEMA • [Conceptualisation under FEMA] Chapter 2 lays down the complete framework of FEMA and discusses the following concepts that are necessary to be appreciated in totality to have an understanding of FEMA: o Residential Status o Regulatory Bodies o Capital and Current Account Transactions, etc. • [Balance Sheet Approach to evaluate Transactions under FEMA] To make the provisions under FEMA more helpful to practitioners, Chapter 3 gives a balance sheet approach to understand the applicability of various provisions under FEMA to an entity/transaction • [Items of a Balance Sheet] are dealt with in Chapters 4 to 15. It also discusses every provision relating to it • [Other Transactions] Chapter 16 discusses a few relevant and recurring current account transactions. All the provisions are discussed with examples to make it transaction-oriented • [Non-Resident Indians] Further, the book is divided into entity wise provisions. E.g. all the provisions which apply to non-resident Indians under FEMA, from the types of accounts to investments, are discussed under Chapter 17 • [Resident Individuals] Chapter 18 discusses the various provisions relating to transactions/investments by resident individuals, including liberalised remittance scheme • [Foreign Portfolio Investors] The schemes of investment by foreign portfolio investors have been discussed in Chapter 19 • [Foreign Venture Capital Investors, REITs & InvITs] Provisions relating to various investment vehicles along with foreign venture capital investors have been discussed in detail in Chapter 20 • [Liason Office, Branch Office & Project Office] Unincorporated ways of investment in India, i.e., liaison office, branch office and project office, have been discussed in Chapter 21 • [Limited Liability Partnerships] has been dealt with in Chapter 22 • [Overseas Direct Investment] by the Indian party has been discussed in Chapter 23. The chapter discusses every possible aspect of making an investment outside India, from reporting to the provisions of the step-down subsidiary, disinvestment, and source of funding • [Penalty, Appeal and Adjudication] has been discussed in Chapter 24 • [Compunding under FEMA] has been elaborated by taking examples from a few significant big sizes FEMA contraventions along with the procedures in Chapter 25

Reporting & Compliances under Indian Foreign Exchange Laws (FEMA & Allied Laws)

Reporting & Compliances under Indian Foreign Exchange Laws (FEMA & Allied Laws) PDF

Author: Sudhir Kochhar

Publisher: Bloomsbury Publishing

Published: 2021-12-30

Total Pages: 1476

ISBN-13: 9390077826

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About the Book The book is drafted keeping in mind the needs of banking professionals preparing for Certificate Course in Foreign Exchange (“CCFE”) and Certificate in Trade and Finance (“CITF”) conducted by the Indian Institute of Banking and Finance (“IIBF”), MBA (International Business) conducted by the Indian Institute of Foreign Trade/ Pondicherry University /Amity University, Chartered Accountants and Company Secretaries. This book specifically deals with foreign exchange matters. It aims to provide clarity on fundamentals of foreign exchange laws under Foreign Exchange Management Act, 1999 (“FEMA”) and allied laws. It covers complex concepts in a concise manner and covers all the important areas under FEMA operations. The book would also be immensely helpful to bankers at all stages of their carrier and other professionals in grasping the foreign exchange matters quickly. The book would also be helpful for management courses in international business. Key highlights Comprehensive coverage of the following key fundamentals of foreign exchange reporting and compliances: – Provisions of FEMA, PMLA & FCRA. – Basic concept of Letter of Credit and other documents used in Export & Import. – FEDAI Rules. – Fundamentals in Exchange Rate and its mechanism in India. – Capital Account transactions – ECB, FDI, ODI and LO/BO/PO. – Forward Contracts. – Non-Residents. – Summary of Foreign Trade Policy 2015–20. – LRS & Miscellaneous Remittances. – Foreign Currency Accounts. – Export Finance – PCFC. – Merchanting Trade. – FEM (Non-debt Instruments) Rules, 2019. – GIFT City, SEZ, IFSC. Various concepts are explained using diagrams and tables. Section wise explanation of various provisions of FEMA and allied law. 200+ CCFE examination oriented MCQs for practice. 16 Model Question Papers covering 400+ MCQs for CCFE examination. 250+ FAQs addressing various FEMA issues. URL providing further Model Questions, FEMA Regulations, Master Directions and selected important AP DIR circulars. Updated upto 07 Feb 2020.

FEMA Ready Reckoner with Commentary (2 Volumes), Sixth Edition

FEMA Ready Reckoner with Commentary (2 Volumes), Sixth Edition PDF

Author: R.Sridhar,

Publisher: Bloomsbury Publishing

Published: 2021-09-15

Total Pages: 2695

ISBN-13: 9354352308

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About the Book The book seeks to provide readers with a practical insight into provisions of FEMA and associated laws in the form of commentary. General focus of exchange control laws has gradually shifted over time to compliance, reporting and documentation. Given that FEMA provides for significant penalty and prosecution; there is little room for non-compliance. This book is an attempt to provide professionals and compliance officers with essential knowledge and tools to understand and undertake the necessary compliances. The book provides the latest position without compromising on changes in the law that have taken place over time. This book aims to equip professionals, be it CS, CA, CMA or corporate lawyers, who are desirous of undertaking compliances or practicing on exchange control laws with the requisite knowledge and expertise. It seeks to be a practical guide to interpretation and compliances under exchange control laws. The book promises to be the go-to resource for exchange control laws for current and would be professionals and compliance officers.