Saturday, October 15, 2016

Foreign Exchange Management (Deposit) Regulations, 2016

Restrictions on deposits between a person resident in India and a person resident outside India

Save as otherwise provided in the Act or Regulations or in rules, directions and orders made or issued under the Act, no person resident in India shall accept any deposit from, or make any deposit with, a person resident outside India. Provided that the Reserve Bank may, on an application made to it and on being satisfied that it is necessary so to do, allow a person resident in India to accept or make deposit from or with a person resident outside India.

Acceptance of deposits by an authorised dealer

An authorised dealer in India may accept deposit under:

  • NRE account
  • FCNR(B) account
  • NRO account
  • Any person resident outside India having a business interest in India may open, hold and maintain with an authorised dealer in India, a Special Non-Resident Rupee Account (SNRR account), specified in Schedule 4.
  •  Acquirers may maintain Escrow Account with Authorised Dealers in India
  • Issue of Commercial Paper to NRI or PIO or FPI subject to conditions that the Commercial Paper shall not be transferable.
  • A shipping or airline company incorporated outside India, may open, hold and maintain a Foreign Currency Account with an authorized dealer for meeting the local expenses in India of such airline or shipping company
  •  An authorised dealer in India, may subject to the directions issued by the Reserve Bank, allow unincorporated joint ventures (UJV) of foreign companies/ entities, with Indian entities, executing a contract in India, to open and maintain non-interest bearing foreign currency account and a SNRR account.
  • An authorised dealer in India, with the prior approval of Reserve Bank, may open an account expressed in foreign currency in the name of a person resident outside India for the purpose of adjustment of value of goods imported into India against the value of goods exported from India in terms of an arrangement voluntarily entered into by such person with a person resident in India.
Prohibited deposits
  • Companies or firms cannot accept from foreigners even from NRI or PIO (except on non repatriation basis)
  • Opening of accounts by companies/ entities of Pakistan/ Bangladesh ownership/ nationality would require the prior approval of the Reserve Bank

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