
FEMA and FDI Legal Services for NRIs and Foreign Investors in India
Cross-border capital structured for the regulator — from VC rounds to strategic acquisitions.
What this engagement covers
FEMA and FDI Legal Services for NRIs and Foreign Investors in India, End-to-End.
FDI inbound investment, ODI outbound investment, external commercial borrowings, FEMA compounding and advisory on cross-border M&A and royalty / technical-fee structures. We regularly advise foreign venture capital firms and global investors on India entry, startup investment structuring and RBI compliance. Coordinated with authorised dealer banks and RBI.
Our process
From First Call to Final Order
Confidential Intake
30-min discovery call on phone or Zoom. We confirm scope, urgency and fee on the same call.
Diligence & Strategy
Document review, record retrieval and a written strategy note — including timeline, risks and milestones.
Documentation & Filing
Drafting, apostille, Power of Attorney, registration and filing handled end-to-end by a named matter lead.
Representation
Court, tribunal, registrar or counterparty representation — with weekly written updates across time-zones.
Closure & Handover
Final order, registered deed or settlement, plus a sealed matter file and post-closure compliance calendar.
Why IndusGuard
Built for Matters That Cross Borders
One named matter lead
No call-centre, no hand-offs. A senior advocate owns your file end-to-end.
NRI desks across 8 countries
Overlapping US, UK, Gulf and APAC hours — apostille and POA built into every workflow.
Weekly written updates
Plain-language progress notes, secure document portal and milestone-based fees.
Pan-India bar coverage
Empanelled counsel across High Courts, NCLT, DRT and the Supreme Court of India.
Where we serve
A Global NRI Desk, Anchored in India.
We act for clients across 8+ countries and represent matters in every major Indian jurisdiction — High Courts, NCLT, DRT and the Supreme Court.
- United States
- Canada
- United Kingdom
- UAE
- Australia
- Singapore
- Germany
- Saudi Arabia
- Kolkata
- Mumbai
- Delhi NCR
- Bengaluru
- Chennai
- Hyderabad
- Pune
- Pan-India
Common questions
Before You Call
What is FEMA and who does it apply to?+
The Foreign Exchange Management Act 1999 (FEMA) regulates all foreign exchange transactions involving residents and non-residents of India. It applies to NRIs dealing with Indian assets, foreign companies investing in India, Indian companies investing abroad, and cross-border payments. Violations of FEMA are civil offences adjudicated by the Enforcement Directorate.
What are the main FEMA rules for NRIs holding property in India?+
Under FEMA 1999 and the Non-Debt Instruments Rules 2019, NRIs can hold residential and commercial property in India acquired by purchase, gift, or inheritance. NRIs cannot hold agricultural land, plantation property, or farmhouses (except through inheritance). Sale proceeds from residential or commercial property can be repatriated up to USD 1 million per financial year from an NRO account.
What is FEMA compounding and when is it required?+
FEMA compounding is a process under Section 15 of FEMA whereby a person who has committed a FEMA violation applies to the RBI or Enforcement Directorate to settle the violation by paying a compounding fee. It is available for most FEMA contraventions including delayed FC-GPR filing and failure to repatriate export proceeds. Compounding provides immunity from further proceedings for the compounded violation.
What is the difference between the Automatic Route and Government Route for FDI in India?+
Under the Automatic Route, a foreign investor can invest in an Indian company without prior approval from the government or RBI — the investment is reported to the RBI through FC-GPR within 30 days of share allotment. Under the Government Route, prior approval from the relevant ministry is required before investment. The Government Route applies to sensitive sectors including defence, media, banking, and insurance above specified thresholds.
What is ODI and what are the FEMA rules for Indian residents investing abroad?+
Overseas Direct Investment (ODI) is investment by an Indian entity in a foreign entity through equity, loan, or guarantee. Indian residents can invest abroad under the Automatic Route up to 400% of their net worth. Investments must be reported to the RBI through the ODI form. NRIs are not subject to the ODI rules for investments made on a non-repatriation basis.
Related practices
