FEMA and FDI Legal Services for NRIs and Foreign Investors in India — IndusGuard

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.

20+
Years of Indian legal practice
8
NRI desks across the globe
1,200+
Matters handled for cross-border clients
48h
First written strategy note

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

STEP 01

Confidential Intake

30-min discovery call on phone or Zoom. We confirm scope, urgency and fee on the same call.

STEP 02

Diligence & Strategy

Document review, record retrieval and a written strategy note — including timeline, risks and milestones.

STEP 03

Documentation & Filing

Drafting, apostille, Power of Attorney, registration and filing handled end-to-end by a named matter lead.

STEP 04

Representation

Court, tribunal, registrar or counterparty representation — with weekly written updates across time-zones.

STEP 05

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.

NRI Desks
  • United States
  • Canada
  • United Kingdom
  • UAE
  • Australia
  • Singapore
  • Germany
  • Saudi Arabia
Indian Jurisdictions
  • 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.

Please Call Us

Speak to an IndusGuard Advisor