This course from Ms. Sudha G. Bhushan, the person who conceptualized the due diligence under FEMA for the first time in 2013. Opportunity to learn from the expert who is an authority in the subject, have written more than 7 books best-selling books, have a decade of experience in intricate transactions, advisor of Banks and corporate houses in their international operations.
This course shall deal with all the provisions under the Foreign Exchange Management Act, 2000 including every section of the Act, all the relevant notifications, circulars, regulations, and rules. It shall start from the conceptual level and go on to build the subject to deal with complex business transactions. There shall be a comprehensive discussion on all the practical aspects under FEMA.
It shall cover all types of entities – Company, LLPs, NRI, OCIs, Residents, FPIs, FVCIs, LO/BO/PO, and others. It shall cover all types of transactions relating to foreign investment in India, Indian investment outside India, Investment vehicles, lending and borrowings from outside India, Advance payment, Advance remittance, delay in payments, Compounding, Guarantee, pledge of shares, and others.
The subject shall be dealt with in an absolutely new and more practical manner. The first day shall be dedicated to a detailed framework under FEMA covering the Purpose of FEMA, Capital, and Current Account Transaction, Residential Status, Framework of FEMA, regulators under FEMA, Different entities under FEMA, Rules, and Regulations under FEMA, Liberalised Remittance Scheme.
1
1 |
Purpose, History and need of the Act |
2 |
Framework of the Act |
a |
The Act |
b |
The Rules |
c |
The Regulations |
d |
Master Directions |
e |
AP DIR Circulars |
f |
Foreign Direct Investment Policy |
g |
Press notes |
3 |
Discussion on the Act and important sections |
4 |
Brief about all the rules, Regulations, notifications |
5 |
Different entities under FEMA, 1999 |
a |
Residents |
b |
Nonresidents/OCIs/PIOs |
c |
Indian Party |
d |
Indian Entity |
e |
Person resident outside India and others |
6 |
Residential Status under FEMA |
a |
Individual |
b |
Office |
c |
Company |
d |
Extra territorial Jurisdiction |
7 |
Regulatory Authorities under FEMA |
8 |
Obligations and responsibility of AD Banks |
9
9 |
Fuller Account Convertibility |
10 |
Current Account Transactions |
A |
Definition |
B |
Characterization |
C |
Admissibility |
D |
Understanding of Current Account Transactions Rules |
11 |
Capital Account Transactions |
A |
Definition |
B |
Characterization |
C |
Admissibility |
D |
Understanding of capital Account Regulations |
Definition B
Definition |
|
B |
Characterization |
C |
Admissibility |
D |
Understanding of Current Account Transactions Rules |
11 |
Capital Account Transactions |
A |
Definition |
B |
Characterization |
C |
Admissibility |
D |
Understanding of capital Account Regulations |
12
12 |
Understanding the Basics |
13 |
Progress of liberalization of Foreign Investment in India |
14 |
Comprehensive understanding of Regulatory Framework governing Inbound Regulations |
15 |
Understanding Ministry of Finance and Ministry of Commerce and Industry |
16 |
Understanding of important terms under Regulations |
17 |
Understanding Non debt instruments/debt instruments |
18 |
Understanding of Foreign Direct Investment |
a |
Understanding of Sectoral Caps |
b |
Pricing Guidelines |
c |
Non applicability of pricing guidelines |
d |
Mode of Payment |
e |
Issuance of share for mode other than cash |
f |
Right issues/Bonus issue/ESOPs |
g |
Deferred consideration/Indemnity provisions |
h |
Automatic and Approval Route |
i |
Procedure and ministries under the Approval Route |
19
19 |
Comprehensive understanding of Downstream Investment |
20 |
Types of Foreign Investment |
A |
Investment by Person resident outside India in Indian Company |
B |
Investment by foreign portfolio investor |
C |
Investment by non-resident Indian on an oversea citizen of India on repatriation basis [ we shall discuss all the other provisions w.r.t NRI] |
D |
Investment by NRI or OCI on non-repatriation basis |
E |
Investment by Foreign Investor |
F |
Investment by Person resident outside India in LLP |
G |
Investment by Foreign venture capital investor |
H |
Investment in Investment Vehicles |
I |
Investment in depository receipts by a person resident outside India |
J |
Issue of Indian Depository Receipts |
21 |
Difference between various types of investment |
26
26 |
Introduction |
27 |
Rationale and history of ODI |
28 |
Governing Regulation |
29 |
Mode of Investment |
30 |
Eligible Entities |
31 |
Permission and route of Investment |
32 |
Limit of Investment |
33 |
Meaning and computation of net worth |
34 |
Meaning and computation of Financial commitment |
35 |
Procedure of Investment |
36 |
All the methods of Funding |
37 |
Conditions of investment |
38 |
Loan by Indian party |
39 |
Issue of guarantee by an Indian party to step down subsidiary of JV/WOS |
40 |
Guarantee on behalf of first level step down subsidiary |
41 |
corporate guarantee on behalf of the second generation or subsequent level step down operating subsidiaries |
42 |
pledge of shares of JV/WOS |
43 |
obligations of Indian Party |
44
44 |
Exit by Indian Party |
Transfer by way of sale of shares of a JV/WOS not involving any write off of the investment |
|
Transfer by way of sale of shares of a JV/WOS involving write off of the investment |
|
45 |
Restructuring |
46 |
Restructuring of the balance sheet of the overseas entity involving write off of capital and receivables |
47 |
Reporting in restructuring and write off |
48 |
Elaborate discussion on Reporting requirements |
49 |
Practical Problems |
50 |
Discussion of compounding orders |
51
51 |
The detailed Regulatory Framework |
52 |
Old Regime vs. New regime |
54 |
Various Forms of ECB |
55 |
Understanding of Eligible Borrower |
56 |
Special Form of Eligible Borrower |
57 |
Recognised Lender |
58 |
Foreign Equity Holder |
59 |
MAMP |
60 |
All in cost ceiling |
61 |
Reporting Requirement |
62 |
ECB Liability: Equity Ratio |
63 |
End use restriction |
64 |
Relaxation from end use restriction |
65
65 |
Refinancing and Conversion |
66 |
Security and Charges |
67 |
Late submission fees / Compounding |
68 |
Trade credit |
69 |
Structured Obligations |
70 |
Dissection of various returns to be filed |
71 |
Banks check points to check the returns |
Ms. Sudha G. Bhushan is a qualified Chartered Accountant, Company Secretary, an Insolvency Resolution Professional, and a Registered Valuer and is an Independent Women director registered with MCA. Sudha is Co-Founder of Taxpert Professionals, a multifaceted consulting company. She is advisor to Bank of Baroda, NRI, and international operations. She is an independent director with Aurionpro Solutions Limited, a global company in technology solutions. She is an advisor to a lot of big multinational companies.
The content and the quality of the course was excellent. Also, Sudha Mams approach was excellent. She was more concerned about concepts than rushing through presentations. She addressed every single query and ensured our concepts are clear
Very much satisfied with the faculty especially the way she encouraged everyone to raise questions and also patiently attended them. But the backend team needs to improve. In the beginning itself there was a delay in updating the members regarding the course details; the mode of joining the session etc . Later on there was a delay in sharing the resource materials and also incorrect links were posted in the group which created trouble to the participants for joining the session in time
Very Extensive and Good Course for understanding Fema
Satisfactory and being an fresher in FEMA it was very informative session.