Fema compliance

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jitendra (Querist)
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25 June 2013 A company imported capital assets from a company abroad 3 yrs back. The company is now not in a position to pay back the amount. Is it possible to issue shares to the Company instead of paying cash. What are FEMA compliance.

Ajay Mishra

Ajay Mishra (Expert)
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25 June 2013 Hi

The capital instruments should be issued within 180 days from the date of receipt of inward remittance received through normal banking channels including escrow account opened and maintained for the purpose or by debit to the NER/FCNR (B) account of the non-resident investor. In case the equity instruments are not issued within 180 days from the date of receipt of the inward remittance or the date of debit to the NER/FCNR (B) account, the amount of consideration so received should be refunded immediately to the non-resident investor by onward remittance through normal banking channels or by credit to the NER/FCNR(B) account, as the case may be. Non-compliance with the above provision would be reckoned as a contravention under FEMA and could attract penal provisions. In exceptional cases, refund of the amount of consideration outstanding beyond a period of 180 days from the date of receipt may be considered by the Reserve Bank, on the merits of the case.