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FEMA Compliance for FDI Return in Equity share in India

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Akshay Tiwari
FEMA Compliance for FDI Return in Equity share in India

FDI compliances are one of the most important FEMA compliances. Cross-border flow of capital is becoming the key driver for channelizing the growth of the business. As the international businesses and investors are increasingly investing in India, they need to be wary of the FEMA compliance that follow. The government in a bid to ensure transparency in the flow of foreign exchange and investments has put in place multiple FEMA compliances. What are these FDI FEMA compliances that you should know? Find out here!


FEMA Compliances for FDI Return


Following are the FEMA compliances that need to be complied with while attracting Foreign Direct Investments (FDI) in India:


  • Form FC-TRS: Form Foreign Currency Transfer is being filed when the shares are being transferred by the shareholders residing outside India regardless of whether they are Indian residents or not. It shall be filed along with the Form FC-GPR to the authorized dealer bank which will then submit the documents to the RBI.
  • Form FC-GPR: Foreign Currency Gross Provisional Return is required to be filed by the companies that have received foreign investments from foreign investors against allotment of its shares. It shall be filed within 30 days of the issue of securities.
  • Foreign Assets and Liabilities Return (FLA Return): Another important FEMA compliance is filing of FLA return. It is an annual return to be filed by the Indian resident companies that have made any Overseas Direct Investments (ODIs) or received any Foreign Direct Investments (FDIs) in any of the previous years. It shall be filed only by those companies that have any outstanding FDI or ODI at the end of the reporting year. The due date for filing the FLA return is 15th of July after the end of the reporting year. 
  • ECB: External Commercial Borrowing transactions shall be reported to the Reserve Bank of India on a monthly basis through an Authorized Dealer Category-I Bank by filing Form ECB-2.


Following were the Foreign Direct Investment (FDI) compliances under FEMA. It is important to timely adhere to FEMA compliances in order to avoid the penalty. In case you require any assistance with respect to FDI compliances or any other FEMA compliance, feel free to contact the ASC Group.

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