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Cross-Border Compliance, Without the Guesswork

FEMA advisory for NRIs and foreign investors — property, investment, remittance and repatriation, fully compliant with Indian foreign exchange law.

FEMA Governs
Property transactions✓
Foreign investment (FDI)✓
Repatriation of funds✓
Quick Answer

FEMA consulting helps NRIs and foreign investors comply with the Foreign Exchange Management Act — the law governing property transactions, foreign investment, remittances and repatriation between India and the rest of the world — avoiding penalties and ensuring transactions are processed smoothly.

What FEMA Covers

FEMA regulates nearly every cross-border financial transaction involving India: an NRI buying an apartment, a foreign company setting up a subsidiary, an investor bringing in venture capital, or an NRI moving sale proceeds abroad. Each of these activities has specific reporting requirements, permitted routes, and — in some cases — caps or restrictions. Getting it wrong doesn't just risk penalties; it can freeze transactions indefinitely until resolved.

Our FEMA consultants structure your transaction correctly from day one — whether that's a property purchase, an inbound investment, or an outbound remittance — and handle any historical contraventions through RBI's compounding process if needed.

Key Takeaways

  • FEMA governs property, investment, remittance and repatriation transactions.
  • Most FDI is allowed under the automatic route — no prior government approval.
  • All foreign investment must be reported to RBI (FC-GPR, FLA returns).
  • Violations are civil, not criminal, but can attract penalties up to 3x the transaction value.
  • Past violations can often be resolved via RBI's compounding process.

How We Structure FEMA Compliance

01

Transaction Review

We classify your transaction under the correct FEMA route and category.

02

Documentation

All required declarations, forms and bank submissions prepared.

03

RBI/AD Bank Filing

Filings submitted through your Authorized Dealer bank or directly to RBI.

04

Ongoing Monitoring

We track annual reporting obligations so nothing is missed.

Why FEMA Expertise Matters

Avoid Penalties

Correct structuring from the start avoids costly contraventions.

Faster Transactions

Properly documented filings clear bank and RBI checks quicker.

Historical Resolution

We handle compounding applications for past violations.

One Advisor, Every Filing

Continuity across property, investment and repatriation matters.

Resolving a Decade-Old Property FEMA Contravention

A New Zealand-based client had purchased agricultural land years earlier without realizing NRIs face restrictions on such purchases. We filed a compounding application with RBI, resolved the contravention with a one-time fee, and structured the eventual sale to a resident buyer in full compliance.

Frequently Asked Questions

What is FEMA compliance?
FEMA (Foreign Exchange Management Act) compliance means following India's rules governing cross-border transactions — foreign investment, property purchase/sale by NRIs, remittances, and repatriation of funds.
Who needs FEMA compliance?
NRIs buying or selling property in India, foreign investors setting up businesses, companies receiving foreign direct investment, and anyone remitting funds in or out of India for specified purposes.
What is the Liberalised Remittance Scheme (LRS)?
LRS allows resident Indians to remit up to USD 250,000 per financial year abroad for permitted purposes; it does not apply to NRIs, who follow separate NRO/NRE repatriation rules.
Can NRIs invest in Indian stocks and mutual funds under FEMA?
Yes, NRIs can invest in Indian equities and mutual funds through the Portfolio Investment Scheme (PIS) using NRE/NRO accounts, subject to FEMA reporting and sectoral caps.
What happens if I violate FEMA regulations?
FEMA violations are civil (not criminal) offenses but can attract penalties up to three times the amount involved, plus compounding fees to regularize the violation retroactively.
What is FEMA compounding?
Compounding is a voluntary process to regularize a FEMA contravention by paying a compounding fee to the RBI, avoiding prosecution and resolving the matter administratively.
Do foreign companies need FEMA approval to invest in India?
Most sectors allow 100% FDI under the automatic route (no prior approval needed), but certain sectors require government approval and all investments must be reported to RBI via FC-GPR filings.

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