Fundraising activities under the Foreign Exchange Management Act (FEMA) in India refer to the mobilization of capital or funds from domestic and/or foreign sources by individuals, companies, or other entities. FEMA governs various aspects of fundraising, particularly when there are foreign investments or cross-border transactions involved.
Foreign Direct Investment (FDI): FDI refers to the investment made by non-resident entities in the equity capital of an Indian company. FEMA governs the entry routes, sectoral caps, pricing guidelines, reporting requirements, and conditions for FDI inflows into India.
External Commercial Borrowings (ECB): ECBs are borrowings made by Indian companies from foreign sources, including commercial banks and financial institutions. FEMA regulates the borrowing limits, end-use restrictions, and reporting requirements for ECBs.
Foreign Portfolio Investment (FPI): FPI involves investments by foreign institutional investors (FIIs), foreign portfolio investors (FPIs), and qualified foreign investors (QFIs) in the Indian securities market. FEMA governs the registration, investment limits, and reporting requirements for FPIs.
Non-Resident Indian (NRI) Investments: FEMA regulates investments made by NRIs in India, including through the purchase of shares, debentures, and immovable property. NRIs have specific guidelines and restrictions on investment and repatriation of funds.
External Commercial Borrowings (Trade Credits): Trade credits refer to borrowings by Indian companies from foreign suppliers for import-related transactions. FEMA regulates the terms, conditions, and reporting requirements for trade credits.
Startups and Foreign Investments: FEMA has specific provisions for startups and innovations, allowing certain relaxations and facilitations for foreign investments in startups in India.
Reporting Requirements: Companies and individuals engaging in fundraising activities under FEMA must comply with reporting requirements. This includes submitting necessary forms and declarations to the Reserve Bank of India (RBI) or authorized dealers (banks) within the prescribed timelines.
Regulatory Approvals: In certain cases, fundraising activities may require prior approval from the RBI or other relevant authorities. Companies must obtain these approvals before proceeding with their fundraising activities.
Sectoral Caps and Conditions: Some sectors have specific caps and conditions on foreign investments. Companies must ensure compliance with these sector-specific guidelines when raising funds.
Fundraising activities with respect to FEMA involve compliance with various regulations, guidelines, and reporting requirements to ensure transparency, adherence to sectoral norms, and smooth cross-border transactions. Whether it’s raising foreign investments, issuing securities to non-residents, or borrowing from foreign sources, entities need to be well-informed about FEMA guidelines and seek professional advice to ensure legal compliance and efficient capital mobilization.
