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Fema 120224130047 Phpapp01
Fema 120224130047 Phpapp01
S.Vignesh
First Year MBA
National Institute Of Technology
Karnataka
Surathkal
Statutory Basis for Exchange Control
Currency Notes:
Coin and bank notes
Currency Account Transaction:
Transactions other than capital account transactions
Indian Currency:
Indian rupees
Export:
Goods and services from India to outside
Foreign Currency:
Other than Indian currency
Foreign Exchange:
Means foreign currency
Foreign Security:
Security expressed in foreign currency
Import:
Goods and services from outside to India
Security:
Shares, Stock etc as defined in the Public Debt Act of
1994
Repatriate to India:
Realized foreign exchange to India
Service:
Banking, Financing, insurance etc…
Transfer:
Sale, Purchase, Exchange etc…
Non-Resident Indian (NRI):
Citizen of India residing outside
Overseas Corporate Body (OCB):
A company, firm etc.. Owned at least 60% by NRIs
Person of Indian Origin (PIO):
Citizen of country other then Bangladesh and Pakistan, if
Any time held Indian passport or
Either of his parents or grandparents was citizen of India
The Person is spouse of an Indian citizen
The FEMA, is applicable-
To the whole of India.
Any Branch, office and agency, which is situated outside
India, but is owned or controlled by a person resident in
India.
Broadly speaking FEMA, covers, three different
types of categories, and deals differently with
them. These categories are:
a) Person
b) Person Resident In India
c) Person Resident Outside India
For the purpose of provisions, a person shall
include any of the following:
1. An individual
2. A Hindu Undivided family
3. A company
4. A Firm
5. An association of persons or a body of individuals,
whether incorporated or not,
6. Every artificial judicial person, not falling within any of
the preceding sub clauses, and
7. Any agency, office or branch owned or controlled by
such person.
1. A person who has been residing in India for more than
182 days, in the last financial year. This means if a
person has to be assessed, as to whether he is person
resident in India, for any offence committed in August
2001, then he should be residing in India for more than
182 days during April 2000 to March 2001
2. Any person or body corporate registered or
incorporated in India, or
3. An office, branch or agency in India owned or
controlled by a person resident outside India, or
4. An office, branch or agency outside India owned or
controlled by a person resident in India.
Simply putting it, "a person resident outside India"
means "a person who is not resident in India"
Prohibits dealings in foreign exchange except
through an authorized person
Make any payment to or for the credit of any
person resident outside India in any manner
Receive otherwise through an authorized person,
any payment by order or on behalf of any person
resident outside India in any manner
Enter into any financial transaction in India for
acquisition or creation or transfer of a right to
acquire, any asset outside India by any person
SECTION 4 –
Restrains any person resident in India from acquiring,
holding, owning, possessing or transferring any foreign
exchange, foreign security or any immovable property
situated outside India except as specifically provided in the
Act.
SECTION 5 – deals with current account transaction
Any person may sell or draw foreign exchange to or from an
authorized person if such sale or drawl is a current account
transaction
SECTION 6 - deals with capital account transactions.
This section allows a person to draw or sell foreign exchange
from or to an authorized person for a capital account
transaction.
Transactions having international financial
implications matters are regulated by Exchange
Control:
a) Purchase and sale of and other dealings in foreign
exchange and maintenance of balances at foreign centers
b) Procedure for realization of proceeds of exports
c) Payments to non-residents or to their accounts in India
d) Transfer of securities between residents and non-
residents and acquisition and holding of foreign
securities
e) Foreign travel with exchange
f) Export and import of currency, cheques, drafts, travelers
cheques and other financial instruments, securities, etc.
g) Activities in India of branches of foreign firms and
companies and foreign nationals
h) Foreign direct investment and portfolio investment in
India including investment by non-resident Indian
nationals/persons of Indian origin and corporate bodies
predominantly owned by such persons
i) Appointment of non-residents and foreign nationals and
foreign companies as agents in India
j) Setting up of joint ventures/subsidiaries outside India by
Indian companies
k) Acquisition, holding and disposal of immovable property
in India by foreign nationals and foreign companies
l) Acquisition, holding and disposal of immovable property
outside India by Indian nationals resident in India.
SECTION 7 - deals with export of goods and
services.
Every exporter is required to furnish to the RBI or any
other authority, a declaration etc. etc. regarding full
export value.
SECTION 8 and 9-
casts the responsibility on the persons resident in India
who have any amount of foreign exchange due or accrued
in their favor to get same realized and repatriated to India
within the specific period and the manner specified by
RBI.
SECTIONS 10 and 12 -
deals with duties and liabilities of the Authorized persons
authorized dealer, money changer, off shore banking unit
or any other person for the time being authorized to deal
in foreign exchange or foreign securities.
To comply with RBI directions
account transactions
information or particular