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Foreign Owned or Controlled Companies (FOCC) under FEMA
Foreign Direct investment
CA. Kapil Mittal

Foreign Owned or Controlled Companies (FOCC) under FEMA

Foreign investors are more inclined toward options where they have complete control over the entity and also such entities can enjoy benefits as domestic companies. FOCC has become a wonderful source of investment for such investors. FOCC can conduct business in India as a domestic company.

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Registration of Expatriates by FRRO in India
FEMA
CA. Kapil Mittal

Registration of Expatriates by FRRO in India

Whenever a Foreign National wishes to reside long-term in India, typically a stay that exceeds more than 180 days, one of their key responsibilities is to visit the Foreign Regional Registration Office (FRRO) within the first 14 days of arrival in the territory of India.

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Authorized Dealer under FEMA
FEMA
CA. Kapil Mittal

Authorized Dealer under FEMA

An authorised person under FEMA is an authorised dealer, money changer, off-shore banking unit, or any other person for the time being authorised under sub-section (1) of Section 10 of the Act to deal in foreign exchange or foreign securities. There are mainly 4 categories of authorised persons under FEMA and for an individual to become an authorised person one has to submit the necessary applications along with all the relevant required documents to the Reserve Bank of India.

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Foreign Law firms
FEMA
CA. Kapil Mittal

Foreign Law firms can not Establishes Branch Office (BO) / Liaison Office (LO) / Project Office (PO) or any other place of business in India

Hon’ble Supreme court, in the case of the Bar Council of India vs A.K. Balaji & Ors. vide intermine order, has directed RBI not to grant any permission to any foreign law firm for opening of Liaison Office (LO) in India after date of issuance of such order. Hence, RBI issued directions vide Notification No. RBI/2015-16/215 dated 29th October, 2015 that no foreign law firm shall be permitted to open any LO in India till further orders/notification in this regard.

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NRI as per FEMA
FEMA
CA. Kapil Mittal

Residential status as per FEMA | NRI as per FEMA

Applicability of provisions of FEMA are based on the residential status of a person, i.e., a person resident of India has more liberty under FEMA as compared to a NRI as per FEMA or person resident outside India. Therefore, to check the extent of applicability of FEMA provisions, it is important to first check the residential status as per FEMA for a person.

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