What is Foreign Exchange Management Act (FEMA)?

Last Updated at: October 23, 2019
2091
Foreign Exchange management Act

The Foreign Exchange Management Act (FEMA) is an act which is passed in the winter session of the Parliament in the year of 1999, replacing the Foreign Exchange Regulation Act (FERA). This act seeks to take care of the offences related to the foreign exchange of civil offences. It is applicable to the whole of India. Hindi.

FEMA (Foreign Exchange Management Act) was passed in 1999 and replaces FERA (Foreign Exchange Regulation Act). It handles the offenses pertaining to foreign exchange. It has become very important as it supports the Indian government’s pro-liberalization policies. You can get more details regarding FEMA in India from here.

The Foreign Exchange Regulation Act (FERA), 1973 was replaced in June 2000 in India by the Foreign Exchange Management Act (FEMA), which was passed in 1999. The FERA was passed in 1973 during the time period when there was an acute shortage of foreign exchange in India.

It had a contentious 27 years stint during which many chiefs of the Indian corporate world found themselves at the pity of the Enforcement Directorate. Furthermore, any offence under the FERA was a criminal offence accountable to imprisonment. But under FEMA the offences are related to foreign civil offences.

FEMA had become very important to support the pro-liberalization policies of the Indian government. The main objective of the Act is to combine and amend the laws related to foreign exchange with the objective of enabling external payments and trade for promoting the orderly maintenance and development of foreign exchange market in India.

FEMA is extended to the whole of India. It is applied to all the branches, offices and the agencies outside India owned by or controlled by an individual, who is an Indian resident and also to any infringement thereunder committed outside India by two individuals whom this Act applies.

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Significant Features of the FEMA-

The following are some of the significant features of the Foreign Exchange Management Act-

1)  It is constant with full current account convertibility and contains provisions for the progressive liberalization of the capital account transactions.

2)  It is extra transparent in its application as it lays down the areas necessitating specific permissions of the Reserve Bank and Government of India on acquisition or holding of foreign exchange.

3)  Under FEMA, foreign exchange transactions are divided into two categories, they are capital account and current account transactions.

4)  It gives power to the Reserve Bank of India for specializing in consultation with the Central Government, the classes of the capital account limits and transactions to which the exchange is acceptable for such kind of transactions.

5)  It gives full freedom to an individual who is resident in India, who was previously resident outside India, to hold or own or transfer any foreign security or immovable property situated outside India and attained when she was resident.

6)  This FEMA Act is a civil law and any kind of contraventions of the Act provide for arrest only in the exceptional cases.

So, this is about the importance of FEMA act in India and its main features.

What are the major features of the proposed payment procedures under GST?

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Obtaining an MSME Registration is not mandatory. It is recommended for businesses to obtain MSME Registration to enjoy many benefits such as security against delayed dues under the MSMED Act.More on Income Tax Return Filing.

What is Form 26AS?

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What will be the cost involved?

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A lifetime validity is given for the 80G Certificate if the Income Tax Department finds all your documents satisfactory.Earlier, it needed to be renewed every 3 years. More about Udyog Aadhar Registration.

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What is Foreign Exchange Management Act (FEMA)?

2091

The Foreign Exchange Management Act (FEMA) is an act which is passed in the winter session of the Parliament in the year of 1999, replacing the Foreign Exchange Regulation Act (FERA). This act seeks to take care of the offences related to the foreign exchange of civil offences. It is applicable to the whole of India. Hindi.

FEMA (Foreign Exchange Management Act) was passed in 1999 and replaces FERA (Foreign Exchange Regulation Act). It handles the offenses pertaining to foreign exchange. It has become very important as it supports the Indian government’s pro-liberalization policies. You can get more details regarding FEMA in India from here.

The Foreign Exchange Regulation Act (FERA), 1973 was replaced in June 2000 in India by the Foreign Exchange Management Act (FEMA), which was passed in 1999. The FERA was passed in 1973 during the time period when there was an acute shortage of foreign exchange in India.

It had a contentious 27 years stint during which many chiefs of the Indian corporate world found themselves at the pity of the Enforcement Directorate. Furthermore, any offence under the FERA was a criminal offence accountable to imprisonment. But under FEMA the offences are related to foreign civil offences.

FEMA had become very important to support the pro-liberalization policies of the Indian government. The main objective of the Act is to combine and amend the laws related to foreign exchange with the objective of enabling external payments and trade for promoting the orderly maintenance and development of foreign exchange market in India.

FEMA is extended to the whole of India. It is applied to all the branches, offices and the agencies outside India owned by or controlled by an individual, who is an Indian resident and also to any infringement thereunder committed outside India by two individuals whom this Act applies.

Register Your Startup Business

Significant Features of the FEMA-

The following are some of the significant features of the Foreign Exchange Management Act-

1)  It is constant with full current account convertibility and contains provisions for the progressive liberalization of the capital account transactions.

2)  It is extra transparent in its application as it lays down the areas necessitating specific permissions of the Reserve Bank and Government of India on acquisition or holding of foreign exchange.

3)  Under FEMA, foreign exchange transactions are divided into two categories, they are capital account and current account transactions.

4)  It gives power to the Reserve Bank of India for specializing in consultation with the Central Government, the classes of the capital account limits and transactions to which the exchange is acceptable for such kind of transactions.

5)  It gives full freedom to an individual who is resident in India, who was previously resident outside India, to hold or own or transfer any foreign security or immovable property situated outside India and attained when she was resident.

6)  This FEMA Act is a civil law and any kind of contraventions of the Act provide for arrest only in the exceptional cases.

So, this is about the importance of FEMA act in India and its main features.

What are the major features of the proposed payment procedures under GST?

One can make the GST payments using cheques, single payment challan and through common set of authorized banks.Understand the procedure for GST registration and GST returns here.

Is it mandatory to register under MSME?

Obtaining an MSME Registration is not mandatory. It is recommended for businesses to obtain MSME Registration to enjoy many benefits such as security against delayed dues under the MSMED Act.More on Income Tax Return Filing.

What is Form 26AS?

You can know about your TDS, TCS, advance tax and refund tails in the form 26AS generated by the income tax department.Learn more about ISO Certification.

What will be the cost involved?

The expenses are reasonable and it is totally worth for its value. You need to spend money for the initial certification and surveillance audit every year.More info on NGO Registration in india.

What is the validity of 80G certificate?

A lifetime validity is given for the 80G Certificate if the Income Tax Department finds all your documents satisfactory.Earlier, it needed to be renewed every 3 years. More about Udyog Aadhar Registration.

0

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