Write a brief note on guidance criteria for verification of compliances under Foreign Exchange Management Act, 1999 and the rules and regulations made thereunder.
CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · June 2021
Write a brief note on guidance criteria for verification of compliances under Foreign Exchange Management Act, 1999 and the rules and regulations made thereunder.
Answer & Explanation:
Verification of compliances under Foreign Exchange Management Act, 1999 and the rules and regulations made thereunder Under Foreign Exchange Management Act, 1999, the Central Government issued Foreign Exchange Management (Non-debt Instruments) Rules, 2019. Further, the Reserve Bank of India issued Foreign Exchange Management (Transfer or Issue of any foreign Security) Regulations, 2004 and Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) Regulations, 2019 as well as Foreign Direct Investment (FDI) Policy issued by DPIIT which are required to be complied with. The Verification of Compliances includes: Permission for making investment by a person resident outside India, including foreign portfolio Investor, NRI or OCI on Repatriation basis/ Non-Repatriation basis etc. Purchase and sale of securities other than capital instruments by a person resident outside India Investment in a Limited Liability Partnership (LLP) Investment by a Foreign Venture Capital Investor (FVCI) Investment by a person resident outside India in an Investment Vehicle Investment in Depository receipts by a person resident outside India - Issue of Indian Depository Receipts (IDRs) Acquisition through a rights issue or a bonus issue Issue of shares under Employees Stock Options Scheme to persons resident outside India Issue of Convertible Notes by an Indian startup company Merger or demerger or amalgamation of Indian companies Transfer of capital instruments of an Indian company by or to a person resident outside India Pricing Guidelines Reporting requirements Advance Remittance Form, Form Foreign Currency-Gross Provisional Return, Annual Return on Foreign Liabilities and Assets, Form Foreign Currency-Transfer of Shares, Form Employees' Stock Option. Form Depository Receipt Return, Form LLP, Form Convertible Notes etc. Prohibited activities for investment by a person resident outside India Permitted sectors, entry routes and sectorial caps for total foreign investment.
Topics: Compliance Management
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