Sunday, June 30, 2013

Transferable Development Rights

Transferable Development Rights (TDRs) means a certificates issued in respect of category of land acquired for public purpose either by central or state government in consideration of surrender of land by the owner without monetary compensation, which are transferable in part or whole.

The Reserve Bank of India may, in consultation with the central government, specify:-

  • any class or classes of capital account transactions which are permissible
  • the limit up to which foreign exchange shall be admissible for such transactions.
Foreign Investment in India by Foreigner, Non-resident Indian (NRI) and Foreign institutional investor (FII) is prohibited in "Trading in  Transferable Development Rights (TDRs)"

And also Indian parties are prohibited in for making an investment in foreign entity engaged in the business of real estate or Trading in  Transferable Development Rights (TDRs) without prior approval of Reserve Bank of India.

Tuesday, June 25, 2013

Accounts Under FEMA

1) Account :

Means, Savings, Current, Recurring, Fixed Deposit Opened And Maintained        under Non resident(External) Account Scheme(NRE Account), Foreign currency(Non- Resident)Account   Banks  Scheme (FCNR-B Account or Non-Resident(ordinary) Account Scheme (NRO Account)

2) EEFC Account :     

 Means the accounts referred to in the FEM(Foreign Currency Accounts  by A person resident in India) Regulations, 2000

3) Existing Account     :      Means an Account held on 31st March , 2002

4) Existing Account :     

 Means an Account Maintained on the date of  commencement of the regulations

5) FCNR Account   :    

i) Means an FCNR account opened and maintained in accordance with the FEM( Deposits) Regulations, 2000
ii) Shall have the same meaning as assigned to it in FEM(Deposits) Regulations, 2000

6) FCNR(B)Account  : 

Means a Foreign Currency Non-Resident (Bank) account referred to in clause (ii) of sub-regulation(1) of Regulation 5

7) Foreign Currency Account :

Means an account held or maintained in currency other than the currency of India or Nepal or Bhutan

8) NRNR Account     :

Means a Non-resident Non- repatrible account referred to in clause(iv) of sub-regulation(1) of Regulation 5

9) NRO Account    :

Means a Non- resident ordinary account referred to in clause (iii) of sub-regulation (1) of Regulation 5

10) NRSR Account   :

Means a Non -resident Special Rupee account referred to in clause (v) of sub - regulation(1) of Regulation 5

11) NRE Account :

  i) Means a non-resident Eternal account referred to in clause (i) of sub-regulation (1) of   Regulation 5
    ii) Means an NRE account opened and maintained in accordance with the FEM(Deposits) Regulations, 2000

12) RFC Account :

Means the accounts referred to in the FEM(Foreign Currency Accounts by a person Resident in India) Regulations, 2000

Saturday, June 22, 2013

Forms under FEMA

The Following are the various forms used under FEMA

A-1          :Application for remittance of Foreign currency for Import payments.

A-2          : Application cum declaration for drawl of Foreign Exchange.

ARF        : Advance Reporting of Foreign Inward Remittance.

                Annual Return on foreign Assets and Liability

CDF        :Currency Declaration Form

DPX-1     : Application to be submitted by exporter after award of contract for exports on deferred payments.

ECB : External Commercial Borrowings

ECB- Annex 1 : Application for raising ECB under Approval Route

ECB - Annex 2 : Reporting of loan agreement details of ECB

ECB - Annex -3 : Reporting of actual transactions of ECB

EFC                 : Application for opening foreign currency account with a bank in India by exporter.

ETX                 :Application for permission to extend period of realization of exports proceeds.

FCGPR           : Report by Indian company issuing of shares or Convertible debentures

FCTRS             : Report by Indian company for transfer of shares from resident to Non-resident or Non-Resident to   Resident

FNC 1             : Application for opening branch office or Liaison office

ADR / GDR     : Return to be filled by an India company who has issued ADR or GDR

ODI Part I        : Application for direct investment in a JV / WOS

ODI Part II       : Reporting of remittances to JV / WOS

ODI Part III      : Annual Performance Report

ODI Part IV       : Report on closure / disinvestment / liquidation / winding up of JV / WOS

SDF                    : Declaration of Exports

SOFTEX             : Software Export declaration form

TC                       : Approvals, drawal, utilization and repayment of trade credit

XOS                     : Statement of particulars of export bills outstanding beyond the prescribed period.