FEMA & Cross-Border Structuring: Key Advisory Considerations for Indian Businesses

As Indian businesses expand globally, cross-border transactions have become routine.
However, many companies underestimate the regulatory discipline required under India’s foreign exchange framework.

From an advisory perspective, FEMA compliance is not limited to reporting—it directly impacts transaction validity, fund movement, and long-term structuring.

Key FEMA and cross-border considerations include:

  • Structuring overseas subsidiaries, joint ventures, or branch operations

  • Compliance under ODI and FDI regulations

  • Timely reporting of foreign investments and financial commitments

  • Repatriation of profits, dividends, and capital

  • Alignment of corporate, tax, and regulatory positions across jurisdictions

Gaps in FEMA compliance often surface during due diligence, funding events, or restructuring exercises, leading to avoidable delays and regulatory exposure.

Advisory perspective:
Cross-border structuring should be approached as an integrated exercise involving regulatory compliance, commercial objectives, and long-term governance—not as a series of standalone filings.

Practical takeaway:
Early FEMA-focused advisory support helps businesses structure overseas operations correctly, maintain compliance, and reduce execution risk.

RBC Global Advisors

Strategic Corporate, IPO & Global Advisory


Contact RBC Global Advisors at +91-7984656942 or drop an email at support@rbcglobalgroup.com for more details.