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FEMA Advisory Services | Beyonte Compliance
FEMA Services ยท Transaction Advisory

FEMA Advisory

Expert advisory on all FEMA transactions โ€” FDI structuring, ODI, ECB, transfer of shares, remittances, overseas structures and compounding โ€” before you execute, not after.

  • ๐ŸŒ FDI Structuring
  • ๐Ÿฆ ODI Advisory
  • ๐Ÿ“‹ ECB Guidance
  • ๐Ÿ”„ Transfer of Shares
  • โš–๏ธ Compounding
  • ๐Ÿ“Š Written Opinions
โš–๏ธ

Get expert FEMA advisory before you transact

Share your transaction details. We advise on FEMA compliance, structure the transaction correctly and prepare written opinions.

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What We Handle

A complete FEMA advisory package

๐ŸŒ

FDI Structuring Advisory

Inbound FDI structured for FEMA compliance โ€” sector, pricing, instrument and reporting obligations advised.

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ODI Advisory

Overseas Direct Investment โ€” permissible routes, ODI limits, Form ODI filing and annual reporting advised.

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ECB Advisory

External Commercial Borrowing โ€” eligible borrower, lender, end-use, all-in cost ceiling and RBI reporting.

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Transfer of Shares Advisory

Resident-to-non-resident and non-resident-to-resident share transfers โ€” pricing, FC-TRS and FEMA compliance.

โš–๏ธ

Compounding Advisory

Existing FEMA violations assessed โ€” compounding strategy designed to minimise penalty.

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Written FEMA Opinions

Formal written opinions on FEMA interpretations for board decisions, transactions and regulatory queries.

Key Requirements

When FEMA advisory is essential

Before Accepting FDI

Sector eligibility, automatic vs approval route and FEMA pricing must be confirmed before allotment.

Before Making ODI

ODI limits, eligible routes and RBI approvals must be verified before any overseas investment.

Before Raising ECB

ECB end-use restrictions, all-in cost ceiling and eligible lender criteria must be checked upfront.

Before Share Transfers

Resident-non-resident share transfers require FEMA pricing compliance and FC-TRS filing โ€” advice first.

Before Overseas Structuring

Overseas holding structure, upstream loans and round-tripping restrictions must be assessed.

Before Compounding

Self-disclosure strategy, sequence of filings and penalty estimation should be advised before approaching RBI.

ℹ️

FEMA errors are easier to prevent than to compound. A 30-minute advisory call before a transaction costs a fraction of the compounding fees, penalties and reputational impact of a FEMA violation discovered later.

Common Pitfalls

Common situations that needed FEMA advisory first

FDI in wrong sectorFDI accepted in a sector with <100% cap without government approval โ€” void allotment.
ODI without RBI routeOverseas investment made without following the prescribed ODI route โ€” serious FEMA violation.
ECB end-use violatedECB raised for working capital instead of capital expenditure โ€” prohibited end-use.
Share transfer at wrong priceShares transferred to non-resident below FEMA floor price โ€” pricing violation.
Round-tripping structureFunds invested overseas and then brought back as FDI โ€” prohibited round-tripping under FEMA.
Remittance without LRS complianceOverseas remittance exceeding LRS limit without proper documentation โ€” FEMA violation.
How It Works

Simple steps, no surprises

1

Transaction reviewed

FEMA implications of the proposed transaction assessed โ€” sector, route, pricing and reporting.

2

Structure advised

Optimal FEMA-compliant structure recommended โ€” instruments, pricing and approvals mapped.

3

Written opinion issued

Formal written FEMA opinion prepared โ€” useful for board records and investor diligence.

4

Filing obligations mapped

All post-transaction FEMA filings โ€” FC-GPR, FC-TRS, ODI, ECB returns โ€” tracked and filed.

FAQ

Frequently asked questions

FEMA advisory covers all aspects of India's foreign exchange law โ€” inbound FDI (sector eligibility, pricing, reporting), outbound investment (ODI routes, limits), ECB (eligible borrowers, end-use), transfer of shares between residents and non-residents, overseas remittances and compounding of violations.

LRS allows Indian residents to remit up to USD 250,000 per financial year for permissible current and capital account transactions โ€” including overseas education, travel, investment in shares and property abroad. Remittances above this limit or for prohibited purposes violate FEMA.

Round-tripping is the practice of routing Indian funds through an overseas entity and then bringing them back as FDI to benefit from FDI status. The RBI prohibits round-tripping โ€” overseas structures that result in funds returning to India are scrutinised carefully under FEMA.

ECB proceeds can be used for capital expenditure, repayment of rupee loans for capital expenditure and overseas acquisitions. Working capital financing, on-lending and investment in real estate (other than certain permitted categories) are prohibited end-uses for ECB.

For standard FDI, ODI and share transfer transactions, a written FEMA opinion can typically be provided within 3โ€“5 working days. Complex structures involving multiple entities, overseas holding companies or novel instruments may require 7โ€“10 working days.

Need FEMA advisory before your next transaction?

We advise on structure, pricing and reporting obligations โ€” a written FEMA opinion before you execute, not a compounding application after.