Whether a private limited company can receive money as temporary advance from a foreign director

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Whether A director in a private limited company who is the foreign passport holder and an Indian citizen can bring money into the company as and whenever required. is  there any violation in this.

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Are you asking about 2 separate directors - one foreign and one Indian, because a foreign passport holder cannot be a citizen of India as the Constitution doesn't allow dual citizenship.

There is not much compliance for Indian Director. A declaration is to be obtained stating that such money given to company is not out of borrowed funds, so that it can be classified as an Exempt deposit.

But yes a company can avail loan from Foreign director subject to FEMA Regulations.

https://m.rbi.org.in//Scripts/BS_FemaNotifications.aspx?Id=157

Further if money is to be brought in through issue of shares, the same is also governed by FEMA Regulations.

https://m.rbi.org.in//scripttts/BS_ViewMasCirculardetails.aspx?id=7355#9

 

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