Dear Members,
RBI Decides Not to Provide Permission for Further Overseas Investments if Old Non-compliances Not Regularised.
Pursuant to the directive from the Directorate of Enforcement to its officers to shift their focus to FEMA violations in 2025, the RBI has also directed all bankers to check with their customers about whether there exists any lapse at their customer's end while making Overseas Investments.
Kindly comply with FEMA norms like Taking UIN No, filing pending APR Returns along with Audited Financials of Overseas Entities etc..
This shall affect those entities who have made investments outside India without complying the Overseas Investment Rules, 2022, Overseas Investment Regulations, 2022, erstwhile ODI regulations and other applicable FEMA rules and regulations.
The RBI has directed bankers to apprise customers about the same and regularise or file for compounding in case any violation persists else face the heat from the Directorate of Enforcement (ED).
Further, new deals would be allowed to be undertaken only if old lapses or non-compliances are made good for which a strict deadline of 25 August 2025 has been decided.
Therefore, it becomes significant to check with the clients about any Overseas Investment that they have made, and whether all the boxes of RBI compliance checklist have been ticked or not.
Many of the customers are not even aware that as soon as they incorporate the company outside India, they have to comply from the same time with RBI Norms even if they are not transferring any capital or infusing any capital in their overseas entity.