RBI

Foreign Exchange Management (Mode of Payment & Reporting of Non-Debt Instruments) (Amendment) Regulations

Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) (Amendment) Regulations, 2020

RESERVE BANK OF INDIA
(Foreign Exchange Department)
(CENTRAL OFFICE)

NOTIFICATION

Mumbai, the 15th June,2020

Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) (Amendment) Regulations, 2020

No. FEMA. 395(1)/2020-RB.—In exercise of the powers conferred by Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), the Reserve Bank of India hereby makes the following amendments to the Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) Regulations, 2019 [Notification No. FEMA.395/2019-RB dated October 17, 2019] (hereinafter referred to as ‘the Principal Regulations) namely:-

1. Short Title & Commencement

(i) These Regulations may be called the Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) (Amendment) Regulations, 2020.

(ii) They shall come into force from the date of their publication in the Official Gazette.

2. Amendment to Regulation 3.1 of the Principal Regulations

In Regulation 3.1 of the Principal Regulations-

(i) The existing provision at Sl. No. II shall be substituted by the following, namely

I. Schedule II (Investments by Foreign Portfolio Investors)

A. Mode of payment
(1) The amount of consideration shall be paid as inward remittance from abroad through banking channels or out of funds held in a foreign currency account and/ or a Special Non-Resident Rupee (SNRR) account maintained in accordance with the Foreign Exchange Management (Deposit) Regulations, 2016.
(2) Unless otherwise specified in these regulations or the relevant Schedules, the foreign currency account and SNRR account shall be used only and exclusively for transactions under this Schedule.

B. Remittance of sale proceeds
The sale proceeds (net of taxes) of equity instruments and units of REITs, InViTs and domestic mutual fundmay be remitted outside India or credited to the foreign currency account or aSNRR account of the FPI

(ii) The existing provision at para A (2) of Sl. No. VII shall be substituted by the following, namely:“Unless otherwise specified in these regulations or the relevant Schedules, the foreign currency account and SNRR account shall be used only and exclusively for transactions under this Schedule.”

(iii) The existing provision at Sl. No. VIII shall be substituted by the following, namely:

VIII. Schedule VIII (Investment by a person resident outside India in an Investment Vehicle)

A. Mode of payment:
The amount of consideration shall be paid as inward remittance from abroad through banking channels or by way of swap of shares of a Special Purpose Vehicle or out of funds held in NRE or FCNR(B) account maintained in accordance with the Foreign Exchange Management (Deposit) Regulations, 2016. Further, for an FPI or FVCI, amount of consideration may be paid out of their SNRR account for trading in units of Investment Vehicle listed or to be listed (primary issuance) on the stock exchanges in India.

B. Remittance of sale/ maturity proceeds:
The sale/ maturity proceeds (net of taxes) of the units may be remitted outside India or may be credited to the NRE or FCNR(B) or SNRR account, as applicable of the person concerned

AJAY KUMAR, Regional Director, New Delhi
[ADVT.-III/4/Exty./72/2020-21]

Foot Note:
The Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) Regulations, 2019, (Notification No. FEMA 395/2019-RB dated October 17, 2019) was published in the Official Gazette vide G.S.R.No.795(E) dated 17.10.2019

Share

Recent Posts

  • Income Tax

AO is under an obligation to assign reasons for rejecting explanation of the assessee

AO is under an obligation to duly consider the explanation furnished by the assessee and assign reasons for rejecting the…

8 hours ago
  • Excise/Custom

CBIC issues SoP for clearance of imported goods through Foreign Post Offices

CBIC issues SoP for clearance of imported goods through Foreign Post Offices under Postal Import Regulations, 2025.  Standard Operating Procedure…

9 hours ago
  • civil-law

Sale deed executed with full knowledge of only part consideration paid, not void – SC

Sale deed executed with full knowledge of only part consideration paid, cannot be rendered void or inoperative merely for non…

16 hours ago
  • Income Tax

No fault in serving notice to last known address when PAN data was not updated – ITAT

No fault in serving notice u/s 148 to last known address when assessee had not updated change of address in…

18 hours ago
  • Income Tax

Investment by firm through capital introduced by partners cannot be treated as unexplained

Investment made by firm through capital introduced by partners cannot be treated as unexplained investment in the hands of the…

2 days ago
  • ICAI

Hosting of Multipurpose Empanelment Form (MEF) – 2026-27. Last date to apply : 29.08.2026

Multipurpose Empanelment Form (MEF)- 2026-27 is hosted - Last date for submission is 29.08.2026 ICAI has hosted the Multipurpose Empanelment…

2 days ago