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FEMA & RBI — Precision Regulatory Compliance

Blackthorn Law Offices · Delhi High Court

FEMA compliance, FDI and ODI structuring, LRS advisory, FCGPR filings, RBI compounding applications and FEMA adjudication. Precision compliance in India's most technical regulatory framework.

The Legal Framework

What the Law Says

The Foreign Exchange Management Act, 1999 (FEMA) governs all transactions involving foreign exchange in India. Unlike its predecessor FERA, FEMA treats most violations as civil offences — but penalties are severe, and compounding is the primary resolution mechanism.

The RBI administers FEMA through detailed regulations: FEMA (Non-debt Instruments) Rules, 2019 for FDI; FEMA (Overseas Investment) Rules, 2022 for ODI; and various Master Directions covering capital account transactions, current account transactions, remittances and more. The Liberalised Remittance Scheme (LRS) permits resident individuals to remit up to USD 2,50,000 per year for permitted purposes.

Our Services

What We Do

  • FDI Compliance — Structuring inbound foreign investment, FCGPR and FCTRS filings, reporting under FIRMS portal, sectoral cap analysis
  • ODI Advisory — Outbound investment structuring for Indian companies and individuals; Form ODI filings; overseas JV/WOS compliance
  • LRS Advisory — Permitted use analysis for remittances, TCS implications, documentation for education/travel/investment remittances
  • Compounding Applications — Filing and arguing compounding applications before RBI; pre-compounding strategy to minimise penalty
  • FEMA Adjudication — Representation before the Adjudicating Authority and ATFE in contested FEMA proceedings
  • Branch/Liaison/Project Office — Establishment approval, compliance and closure filings for foreign company offices in India
  • NRI Banking & Repatriation — NRE/NRO account advisory, repatriation of Indian asset sale proceeds, inherited property repatriation
Transparency

Fee Guide

Blackthorn operates on a transparent, upfront fee structure. Every engagement begins with a clear fee estimate — no surprises, no hidden charges. The ranges below are indicative; your specific matter will be quoted precisely after the initial consultation.

ServiceIndicative Fee Range
FEMA Consultation (1 hour)₹5,000 – ₹10,000
FCGPR / FCTRS Filing₹10,000 – ₹25,000
LRS Compliance Advisory₹8,000 – ₹20,000
Compounding Application — Filing₹40,000 – ₹1,50,000
Compounding — Hearing & Representation₹25,000 – ₹75,000 per hearing
ATFE Appeal₹50,000 – ₹2,00,000
Branch/LO/PO Establishment₹25,000 – ₹75,000
Annual FEMA Retainer₹40,000 – ₹1,50,000 p.a.

* All fees are exclusive of applicable GST. Court filing fees, stamp duty and other statutory charges are billed at actuals.

Common Questions

Frequently Asked Questions

I invested abroad without RBI permission. Can I compound the violation?+
Yes. Most FEMA violations can be compounded — the violation is admitted and a penalty paid to close the matter without prosecution. Post the 2022 ODI Rules, many historic violations can be regularised. The compounding amount depends on the nature, duration and amount of the violation. Early voluntary compounding typically attracts lower penalties than compounding after detection by the department.
What is FCGPR and when must it be filed?+
Form FC-GPR must be filed with RBI within 30 days of issuing shares to a foreign investor, through the FIRMS portal. Delay attracts late submission fees; significant delays require compounding. Common errors include incorrectly valuing the shares, missing the filing deadline, or filing under the wrong route (automatic vs. government approval).
I am an NRI selling my property in India. Can I repatriate the money abroad?+
Yes, subject to FEMA conditions: (1) The property must not have been purchased in contravention of FEMA; (2) Repatriation is limited to the original purchase price (in foreign currency equivalent) for up to 2 properties; (3) Capital gains tax must be paid and a CA certificate (Form 15CA/15CB) obtained before remittance. The remittance is made from the NRO account after RBI compliance.
Our company received FDI in the wrong sector. What are the consequences?+
Receipt of FDI in a prohibited or restricted sector is a serious FEMA violation. Immediate steps: (1) Do not deploy the funds; (2) Consult FEMA counsel immediately; (3) File a compounding application proactively — voluntary disclosure before departmental detection attracts significantly lower penalty; (4) Consider whether the investment can be restructured to comply. Deploying non-compliant FDI compounds the violation substantially.

Other Practice Areas

Blackthorn offers integrated counsel across nine interlocking practice areas.

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