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FEMA & Cross-Border Advisory

Navigate India's foreign exchange framework with confidence.

FEMA violations can result in penalties up to 3x the transaction value. Most happen not from intent, but from not knowing what to file or when.

NGA's FEMA practice combines regulatory depth with practical execution — ensuring your cross-border transactions, FDI structures, and outbound investments remain fully compliant. CA Nikita Goel personally leads every FEMA engagement.

FDI Advisory

Structuring, entry route selection (automatic vs approval), RBI filings — FC-GPR, FC-TRS, and ongoing FCGPR.

ODI & Outbound

ODI structuring under FEMA (OI) Rules 2022, Form ODI, Annual Performance Report (APR), step-down subsidiaries.

ECB Compliance

Structuring (Track I/II/III), LRN application, ECB-2 monthly reporting, hedging compliance.

RBI Filings

All mandatory FC-GPR, FC-TRS, ODI, APR, ECB-2 returns. Tracked, prepared, filed within deadline.

FEMA Compounding

Past violation identification, regularisation, RBI compounding applications, representation before adjudicating authority.

India Entry

WOS, JV, Liaison Office, Branch Office — setup and ongoing compliance for foreign entities entering India.

Who this is for

FEMA touches more businesses than people realise.

Indian companies receiving FDI

You've raised foreign capital — every share allotment triggers an FC-GPR clock that's tighter than most realise.

Indian businesses going abroad

Setting up a US or Singapore subsidiary? ODI, APR, and step-down structures all need RBI clearance.

Foreign companies entering India

WOS, JV, liaison or branch office — we handle the FEMA & ROC stack so you can focus on operations.

Our Approach

FEMA is what we do every week.

Filed-not-just-advised

FEMA work benefits from regular filing practice. Our team handles RBI filings on a recurring basis, which builds the operational fluency that complex transactions need.

Compounding without panic

Past violations are best addressed proactively. We assist clients in identifying exposures and engaging the RBI compounding process formally.

Tax + FEMA together

Cross-border transactions trigger both. Handled by one firm means no coordination errors.

Common questions

FEMA & Cross-Border Advisory — questions we're asked most.

What is FC-GPR and when must I file it?

FC-GPR (Foreign Currency – Gross Provisional Return) is the RBI filing an Indian company must submit within 30 days of allotting shares against foreign inward remittance under FDI. Missing the 30-day window creates a FEMA violation that may need compounding.

What is the difference between FDI and ODI under FEMA?

FDI (Foreign Direct Investment) is investment INTO India by a non-resident. ODI (Overseas Direct Investment) is investment OUT of India by an Indian resident into a foreign entity. Both are governed by FEMA but under different rules — FDI under FEMA 20(R), ODI under FEMA (OI) Rules 2022.

Can I make foreign investments as an individual under LRS?

Yes. Under the Liberalised Remittance Scheme, a resident individual can remit up to USD 250,000 per financial year for permitted current and capital account transactions, including investments abroad, subject to conditions and reporting.

What are the penalties for FEMA non-compliance?

Under Section 13 of FEMA, penalties can extend up to three times the amount involved in the violation, plus additional daily penalties for continuing violations. Most inadvertent violations can be regularised through the RBI compounding process.

How does FEMA compounding work?

Compounding is a voluntary process under Section 15 of FEMA where a party disclosing a past contravention applies to the RBI compounding authority. The authority determines a penalty amount, on payment of which the contravention is treated as regularised without prosecution.

Do I need RBI approval to set up a subsidiary abroad?

Under the ODI Rules 2022, an Indian entity can invest up to 400% of net worth abroad under the automatic route. Investments beyond this limit, in restricted sectors, or in strategic jurisdictions require prior RBI approval.

Discuss FEMA & Cross-Border.

If you've made a foreign investment or received foreign capital, we should look at your filings.

Schedule a Consultation →