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FEMA, RBI & ODI/FDI Advisory in India

ODI, FDI, ECB, compounding and repatriation — structured and reported so that capital moves cleanly and stays compliant.

Overview

Move capital across borders without leaving exposure behind.

Foreign-exchange regulation governs every rupee that crosses the border. We structure outbound investment, inbound FDI, external commercial borrowings and repatriation under FEMA, complete the RBI and AD-bank reporting, and resolve historic breaches through compounding — so that capital flows are clean and the file is closed.

◆Indian companies and residents investing overseas (ODI)
◆Foreign investors bringing FDI into India
◆Groups raising external commercial borrowings (ECB)
◆Anyone needing to regularise a past FEMA contravention
What’s Included

End-to-end exchange-control coverage.

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ODI Structuring

Overseas-investment structuring, AD-bank routing and Form FC filing.

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FDI & Reporting

Inbound-investment structuring with FC-GPR, FC-TRS and entity compliance.

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ECB Advisory

External-commercial-borrowing eligibility, terms and Form ECB reporting.

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Compounding

Regularisation of past contraventions before the RBI with the application built and argued.

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Repatriation

Dividend, royalty and exit repatriation structured and documented for clean outflow.

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Annual Compliance

APR, FLA return and ongoing exchange-control filings maintained.

How We Work

Structure, report, regularise.

01

Assess

We map the flow, the route and the reporting it triggers.

02

Structure

We choose the compliant route and the entity and instrument mix.

03

Report

We complete the RBI and AD-bank filings within their timelines.

04

Regularise

Where history needs cleaning, we compound it and close the file.

Why LexVerge

Exchange control rewards the firm that reports on time and argues well when it did not.

ODIFDIECBFC-GPRFC-TRSForm FCAPRFLA ReturnCompoundingRepatriation

We make the capital flow defensible — and we clean up the flows that were not.

FAQ

FEMA and RBI, answered.

We reported an FDI or ODI transaction late. Can it still be fixed?
Yes. Late or missed reporting is typically regularised through compounding before the RBI. We prepare and argue the application to close the contravention.
Can you handle both the structuring and the RBI reporting?
Yes. We structure the flow and complete the AD-bank and RBI filings, so the design and the compliance stay aligned.
In detail

FEMA reporting: the deadlines and the cost of missing them

FilingWhenWho
FC-GPRWithin 30 days of issuing shares to a foreign investorIndian company receiving foreign investment
FC-TRSWithin 60 days of a transfer of shares between a resident and a non-resident, or of receipt of considerationThe resident party
Form FCBefore the remittance for an overseas direct investmentIndian company or resident individual investing abroad
Annual Performance ReportBy 31 December every year for each overseas investmentThe Indian investor
Annual return on foreign liabilities and assetsBy 15 July every yearIndian entities with foreign investment in or out

Limits that shape the structure

  • A resident individual invests abroad within the LRS limit of USD 250,000 a year, only in an operating business outside financial services, with no subsidiary under the individual’s control
  • An Indian company can commit up to 400% of its net worth under the automatic route
  • Shares issued to non-residents must be priced at or above fair value, and allotted within 60 days of receiving the money

Fixing a missed filing

A reporting delay can usually be regularised by paying a late submission fee through the bank if it is within three years of the due date. Older delays, and substantive breaches such as late allotment or pricing below fair value, go to compounding with the Reserve Bank. Our late submission fee calculator gives a first estimate, and FEMA compounding and late submission fees explains both routes.

Documents

  • Share allotment or transfer documents, valuation reports and board resolutions
  • Bank remittance certificates and the foreign inward remittance details
  • For overseas investments: the foreign entity’s incorporation documents and annual accounts
India · LexVerge

Keep your cross-border capital clean.

Book a consultation to structure an ODI, FDI or ECB transaction, or to regularise a past contravention.

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