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Over the years, India’s foreign exchange regulations have been increasingly liberalized to make the flow of funds, both into and out of the country, smoother and more efficient. Further, Various amendments and relaxations have been introduced from time to time to make it more convenient for businesses and individuals to engage in cross-border financial transactions.

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Foreign Exchange Management Act (FEMA) along with the detailed FEMA Regulations, governs all foreign exchange transactions from investments to remittances  in and out of India. The Reserve Bank of India (RBI) is the primary regulatory body overseeing foreign exchange transactions. The RBI not only issues necessary guidelines and circulars on FEMA but is also responsible for granting approvals in specific cases.​

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At WIN Corporate Advisors, we specialize in offering tailor-made FEMA compliance solutions across a wide range of sectors, ensuring that our clients adhere to all legal requirements under the Act. Our team of experienced professionals provides strategic advice and practical support to both Indian entities and foreign investors.

​OUR FEMA SERVICES INCLUDES

01. Company incorporation

  • Advise and create an appropriate structure in India.​​​​

i. Wholly Owned Subsidiary

Ideal for Long term ventures

It provides controls with minimal responsibility

or​​​​

ii. Liaison Office

It facilitates communication

But it Can not undertake commercial activates.

or​​​​

iii. Branch Office

It enables direct business operations

It has more legal obligations.

  • Advise and create offshore structures for entering the Indian market and repatriating profits earned in India in the most tax-efficient manner.

Reserve Bank of India (RBI) is the apex authority that regulates and oversees all foreign exchange transactions under the FEMA and RBI approval is required to set up any of the above company in India.Advise and create an appropriate structure in India.​​​​

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  • Obtain RBI permission to form a company/liaison office

Reserve Bank of India (RBI) is the apex authority that regulates and oversees all foreign exchange transactions under the FEMA and RBI approval is required to set up any of the above company in India.​

02. Advisory, consulting, and Transaction supporting compliance services

  • Advise on funding the Indian Company

  1. Entry route and procedure of Foreign investment, Foreign Direct Investment in Indian companies or LLPs in accordance with the NDI Rules and sectoral cap.

  2. Allotment of shares to non-residents and completing procedural aspects as applicable under FEMA including assistance in obtaining valuation reports in compliance with pricing guidelines and methodology.

  3. Advising to Startups on issuance of Equity, preference, and Convertible preference shares to overseas Angle or VC fund investors.

  4. Other issuance by way of bonus shares, right shares, ESOPs, conversion of ECB into equity, conversion of royalty/lump sum fees into equity, swap of shares.

  5. Advising on downstream investments.

  6. Advising and completing procedural aspects under External Commercial borrowings regulations.

  7. Advising Non-resident individuals or Overseas citizens of India on permissible investment activities including real estate activites.

  • Overseas Investment by an Indian entity or resident individual, permissible limits of investment, and pricing guidelines.

  • Advising on loans to foreign entities.

  • Transfer of security from Resident to Non-Resident and vice versa

  • Working with the remitter and AD Bank of an Indian company for KYC and seamless receipt of money

03. Regulatory Representation

  • Representation Before the RBI and Regulators

  1. Entry route and procedure of Foreign investment, Foreign Direct Investment in Indian companies or LLPs in accordance with the NDI Rules and sectoral cap.

  2. Allotment of shares to non-residents and completing procedural aspects as applicable under FEMA including assistance in obtaining valuation reports in compliance with pricing guidelines and methodology.

  3. Advising to Startups on issuance of Equity, preference, and Convertible preference shares to overseas Angle or VC fund investors.

  4. Other issuance by way of bonus shares, right shares, ESOPs, conversion of ECB into equity, conversion of royalty/lump sum fees into equity, swap of shares.

  5. Advising on downstream investments.

  6. Advising and completing procedural aspects under External Commercial borrowings regulations.

  7. Advising Non-resident individuals or Overseas citizens of India on permissible investment activities including real estate activites.

  • Overseas Investment by an Indian entity or resident individual, permissible limits of investment, and pricing guidelines.

  • Advising on loans to foreign entities.

  • Transfer of security from Resident to Non-Resident and vice versa

  • Working with the remitter and AD Bank of an Indian company for KYC and seamless receipt of money

03. Other related services

  • Taxation of non-resident Indians or foreign entities

  • Providing Nominee Directors or Shareholders for Compliance

  • Dematerialisation of shares of the foreign company as a shareholder of an Indian company (Mandatory)

  • Cross-border taxation including transfer price applicability on transactions between Indian and subsidiary company.

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