FEMA · ODI · FDI

FEMA Compliance, ODI & FDI Advisory

S & S Associates, Company Secretaries and Insolvency Professionals, brings the proficiency and experience of advising on foreign-exchange matters and obtaining approvals from the RBI and other authorities prescribed under FEMA - offering a complete set of advisory services.

FDI Inbound investment ODI Overseas investment ECB External borrowings
What We Offer

Our FEMA advisory services

A complete set of advisory services covering foreign exchange, inbound and outbound investment, and RBI reporting.

Foreign Direct Investment Advisory

Advisory on inbound FDI into India under the applicable FEMA and FDI policy framework.

Overseas Direct Investment Advisory

Advisory on outbound ODI into joint ventures and wholly owned subsidiaries abroad.

ECB Advisory Services

Guidance on External Commercial Borrowings, including structuring and reporting.

Private Placement / Rights Issue to Foreign Nationals / Entities

Advisory on issue of securities to non-resident nationals and entities.

Entity Master - Registration / Modification

Registration and modification of the Entity Master on the RBI Firms Portal.

Reporting on the RBI Firms Portal

Complete reporting of foreign-investment transactions on the RBI Firms Portal.

SMF / FC-TRS / FC-GPR Matters

Filing and advisory on Single Master Form, FC-TRS and FC-GPR related matters.

Branch / Liaison / Project Office Matters

Set-up and compliance for branch, liaison and project offices of foreign entities.

Approval / Compounding / Condonation

Approvals, compounding of contraventions and condonation of delays under FEMA.

Government Approval Route

End-to-end support for RBI applications

We also facilitate end-to-end services for the entire documentation relating to the application to be filed with the RBI on the Foreign Investment Facilitation Portal by a company seeking Government approval, as per the amended Consolidated FDI Policy.

Foreign Investment Facilitation Portal Government approval route Consolidated FDI Policy
Good to Know

Key FEMA compliances at a glance

The principal periodic and event-based filings under FEMA for FDI and ODI.

01

Annual Return on Foreign Liabilities and Assets

FLA Return

The FLA Return is required to be submitted mandatorily by all India-resident companies which have received FDI and/or made ODI in any of the previous year(s), including the current year.

02

Annual Performance Report

APR · Form ODI Part II

An Indian Party (IP) / Resident Individual (RI) which has made an Overseas Direct Investment (ODI) has to submit an Annual Performance Report (APR) in Form ODI Part II to the AD bank in respect of each Joint Venture (JV) / Wholly Owned Subsidiary (WOS) outside India.

03

External Commercial Borrowings

ECB 2 Return

Borrowers are required to report all ECB transactions to the RBI on a monthly basis through an AD Category-I Bank in the form of the "ECB 2 Return".

04

Single Master Form (w.e.f. 30.06.2018)

SMF

Integrates the reporting requirements for FDI in India, irrespective of the instrument through which the foreign investment is made.

05

Issue of Shares to Non-Residents

Form FC-GPR

Issue of bonus or rights shares to persons resident outside India - directly or on amalgamation / merger with an existing Indian company - as well as issue of shares on conversion of ECB / royalty / lumpsum technical know-how fee / import of capital goods by units in SEZs, has to be reported in Form FC-GPR.

06

Transfer of Shares

Form FC-TRS

Reporting of transfer of shares and other eligible securities between residents and non-residents, and vice-versa, is to be made in Form FC-TRS.

07

Overseas Investment Reporting

Form ODI

Overseas investments (or financial commitment) in Joint Ventures (JV) and Wholly Owned Subsidiaries (WOS) outside India are reported in Form ODI.

Let's Talk

Need help with a FEMA, FDI or ODI matter?

Talk to our team for a confidential, no-obligation discussion of your foreign-exchange compliance or approval requirement.

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Good to Know

Frequently asked questions

What FEMA advisory services do you provide?

FDI, ODI and ECB advisory; private placement and rights issues to foreign nationals and entities; Entity Master registration / modification and reporting on the RBI Firms Portal; SMF / FC-TRS / FC-GPR matters; branch, liaison and project office matters; and approval, compounding and condonation matters.

Do you help with Government (approval route) FDI applications?

Yes. We facilitate end-to-end documentation for the application filed with the RBI on the Foreign Investment Facilitation Portal for Government approval, as per the amended Consolidated FDI Policy.

What is the FLA Return?

An Annual Return on Foreign Liabilities and Assets that must be filed by all India-resident companies which have received FDI and/or made ODI in any previous year(s), including the current year.

Which forms are used for FDI and ODI reporting?

FC-GPR for issue of shares, FC-TRS for transfer of shares, Form ODI for overseas JV / WOS, the Single Master Form, the ECB 2 Return, and the APR in Form ODI Part II, among others.