FEMA Registration Services in India

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FEMA Registration Services for Global Business Compliance

In the age of globalization, cross border business transactions are very common for daily business activities. Moreover, the increasing numbers of cross-border transactions gave rise to illegal activities, which are further invested in terrorist, drug and human trafficking activities. Thus, to manage such cross-border transactions and illegal activities, the government of India formulated FEMA acts, and under FEMA, it is mandatory to get registered. At Enterslice, we have a team of FEMA registration Services to provide end-to-end FEMA (Foreign Exchange and Management Act) consultancy and expert assistance in India and help our esteemed clients beyond their expectations. We have a team of in-depth knowledge of FEMA registration and skilled professionals to serve our clients with our core values and professional ethics. Suppose you are planning to get guidance from a professional organization on FEMA registration within India and RBI related matters. Our consultancy includes a wide range of FEMA registration statutory compliance, helps to get collaborations for investments within India, prepares strategies to raise funds in India, due diligence, necessary papers drafting, and provides expert assistance for getting FEMA registration approval from appropriate authorities or for any other related services as per your business requirement.

FEMA Registration Consultancy and Advisory

With the liberalization of foreign exchange transactions, businesses have increased to a great extent. However, business operations in different countries require more extensive knowledge of the laws, rules and regulations of specific countries. As far as FEMA registration in the Indian context, our team of experts work closely with our client's businesses, provides assistance on FEMA registration, and advises on exchange law. Our experts at Enterslice offer FEMA registration consultancy and advisory services for businesses in relation to transactions that involve foreign exchange. We work closely with clients to develop strategies for their business operations and help interpret the Foreign Exchange Management Act and specified rules, regulations, master circulars, and other associated acts. We offer consultancy related to double taxation avoidance agreements (DTA) and facilitate expert advice in relation to transfer pricing. We assess our client business and provide FEMA consultancy on regular business daily operations.

Documents required for FEMA registration

There are some of the documents and other prerequisites for FEMA registration in India. The Foreign Exchange Management Market is to be deemed for the taking up of the legislation which supervises the overall functioning and operations of foreign direct exchanges. Now, take a look at the Documents required for your FEMA registration:

  • Need of incorporation certificate
  • The affidavit which states all the provided information
  • Memorandum of association
  • Article of association
  • Copy of the joint venture agreement of shareholder’s technology or agreement or transfer or trademark or brand assignment agreement
  • Copy of relevant past SIA FIPB or RBI for the approval connected with the current proposal.
  • Resolution of the board.
  • Copy of downstream intimation.
  • List of names, addresses and proof identification of all the foreign collaborators of the investor entity or company.
  • Relevancy of foreign inward remittance certificate (FIRC) where all the investment has already flowed in.
  • The valuation certificate has been accepted
  • Order of High Court order in case of any arrangement scheme.

Step by Step process for FEMA Registration

FEMA registration is one of the most essential ingredients for individuals and entities who deal in foreign exchange and cross-border investment in India. The Foreign Exchange Management Act, or FEMA, is the regulatory framework that regulates these financial activities. Here is how to register under FEMA. There are the following processes involved in your FEMA registration:

Step-1-Ascertain your eligibility

Know if FEMA covers you or your company. Our FEMA registration process covers the following categories: residents, non-residents, businesses, and individuals involved in international financial transactions in India.

Step 2- Recognize the relevant form.

Choose the right registration form depending on the transaction or investment type. The Reserve Bank of India (RBI) usually offers different forms for various types of transactions.

Step-3-Collect required documents

Be sure to collect all relevant documentation, such as identification, address confirmation, and other documents relevant to the transaction or investment in question for FEMA registration. This documentation is different for each type of registration.

Step-4-Contact to authorized dealer.

We will help you contact our authorized dealers for FEMA registration (banks or financial institutions), which play an important role in helping you register with FEMA. Go to an authorized dealer, bring your paperwork, and fill out the form.

Step 5- Finish the application form.

You should make sure that you have completed or finished the application form correctly by filling out all the necessary information or details required for FEMA registration. Make sure that the information you provide matches the information in the supporting documents annexed properly.

Step-6-Submit the application form.

Try to send your application form along with all the necessary documents to the authorised dealer for your FEMA registration. They will take care of your application and send it to the RBI if it is to be required or mandated.

Step-7-Wait for the approval

Your application will be examined by the Reserve Bank of India or any other relevant authorities for your FEMA registration. The approval process may be distinct depending on the nature of your business's transaction. Please be patient and answer any questions or requests for additional information.

Step-8-Recevie the registration certificate

Once your application has been accepted by the appropriate authorities, you will be issued a FEMA registration document. This document is used to verify that you meet the FEMA requirements.

Step-9-Maintain the compliance

Once you have FEMA registration for your course, it is important to stay on top of the rules and regulations. Keep up to date with FEMA updates, report your financial transactions as needed and renew your registration as needed.

Our FEMA representation and Approval Services

As we know, the Foreign Exchange Sector is highly operated in the most secure and regulated manner. FEMA has an automatic route for the specific transactions associated with foreign exchange, where no specific approvals are needed for such kinds of transactions. Moreover, there are other transactions associated with foreign exchange, where prior approval is required from regulating FEMA registration authorities from time to time. We have a team of experts at Enterslice, including chartered accountants, company secretaries, financial advisors, legal advisors, etc., who are engaged to render reliable FEMA representation and specific approval services so as to protect our potential clients from penal charges. Our experts facilitate FEMA representation and approval services and help to identify the requirements to get approval on certain services. Our team work closely and asses our client business and provides expert assistance in the preparation of requisite forms and Paper works to file in accordance with FEMA registration regulatory authority to secure approvals. After filing the form for approval, we followed up with the appropriate authority in a timely manner. Utilizing our FEMA representation and approval services, businesses can remain stress-free and easily keep their focus on their core business operations as their important task is taken care of by our FEMA registration experts.

Our FEMA registration Compliance Services

Within Indian Territory, transactions where foreign exchange is involved are regulated and managed by the apex bank (Reserve Bank of India) and FEMA. The concerned authorities formulate specific guidelines and statutory rules for the transactions. Businesses are required to comply with diverse statutory returns and records. Violation of FEMA and RBI regulations may impose heavy penalties and can be the main hindrance to smooth business operations. At Enterslice, Our FEMA registration compliance experts possess in-depth knowledge and experience to comply with the statutory returns and required periodic compliance in accordance with FEMA and RBI regulations. We work closely with our clients, provide them with world-class FEMA registration compliance services, and ensure due diligence of FEMA laws. Our FEMA Compliance services are beyond the expectations of our clients and surely protect them from penalty prosecutions. We offer Paper works support and help clients file intimations with the Apex Bank (RBI), along with filing various statutory forms and returns in accordance with the RBI guidelines. We work closely with client businesses, help in the preparation of statutory registers, and maintain records for their business foreign exchange transactions. We facilitate a check on compliance related to foreign direct investment, exports, business imports, etc. Our team assess the audit of records and Documents maintained in accordance with the statutory requirements of regulatory authorities.

We offer FEMA drafting for Business Operations

It is mandatory for businesses while carrying any transaction where foreign exchange is involved within Indian Territory, especially foreign investment in India, joint ventures or other business collaborations, extending borrowing loan facilities, acquiring the equity stake in Indian ventures, import or export of goods and services from India or any other related transactions. Businesses need to have expert guidance through appropriate Paper works, which helps secure their business interest in every legal aspect. Our experts at Enterslice are experienced professionals in FEMA registration services and offer a wide range of drafting services to secure their interest. We are competent and experienced in conforming and modifying the client Documents in accordance with their business's unique needs and requirements so as to meet each and every legal requirement. Our FEMA drafting primarily starts with providing legal assistance for agreement drafting for foreign transactions. We assess our clients' businesses and facilitate the drafting and vetting of commercial agreements, draft requisite applications for loan facilities, approval services, and much more. We facilitate the FEMA drafting applications to secure specific approval and certificates from the International Taxation Department for lower tax deductions at source.

We help Clients in Securing FEMA Certification.

We know the fact that various transactions where foreign exchange is involved require specific certification from the end Chartered accountants while diverse executions, including remittance of foreign exchange out of India, opening a bank account within Indian territory, or making payment in the forex for import of goods and services in India, certificates for withholding taxes, issue equity to NRI or foreign investors, outbound investment that involves foreign exchange and transfer pricing. We have a team of experts and provide assistance in FEMA certification with respect to these concerns. Our team facilitate FEMA certification consultancy, including the issuance of foreign Remittance Certificates under the various provisions of the Income Tax Act of 1961. We help client businesses in securing the issuing certificates related to compliance with withholding tax requirements for remittance outside India. We work closely and develop strategies to complete other requisite Paper works, provide remittance support, and manage the dealing with the authorized dealers related to foreign remittances.

We offer FEMA due Diligence and Assurance Services

It is mandatory for both the inbound and outbound investments of funds in their existing businesses or ventures to have FEMA due diligence and assessment of FEMA regulatory framework and need to structure suitable deals between the investor and the investee. Our team of experts ensures the best-suited investment opportunity for the client business in order to secure the interest and money invested by the potential investor. Our FEMA registration compliance experts gained a huge clientele across the world by offering the most reliable FEMA due diligence and assurance services. We offer FEMA due diligence for investment opportunities in India and help in due diligence of the financial statements and records of Indian entities required by foreign investors in India. Our experts work closely and asses the client's business and due diligence of the agreements and business arrangements finalized between the investor and investee. We are more likely to provide valuation services for client businesses to acquire a business entity in India.

We facilitate collaboration and investment services.

With globalization and interlinked world economies, foreign nationals and corporations are looking beyond their cross borders so as to expand their business operations and are more likely to invest their funds either directly or indirectly or acquire established businesses through the process of joint ventures and collaborations. Funds infusion in foreign exchange is a complex process that involves the assessment of available business opportunities, risks, and returns and diverse complication processes to execute it properly. We at Enterslice offer expert assistance and provide advisory services related to investments, joint ventures and collaborations across the various nations. Our experts are well versed in the in-depth FEMA Act knowledge and are engaged in providing consulting services for clients across the world. Our knowledge-based and experienced professional team ensures that we meet the client's expectations. We offer collaboration and investment advice on the Indian regulatory environment, such as pre-business setup approvals and advice on appropriate and effective business structures for foreign investment within India by keeping in view tax planning. We work closely with client businesses and assess collaboration arrangements within India or outside India for profitable outcomes. We assess the market investment opportunities and help client businesses identify suitable investment opportunities within and outside India. We offer a wide range of expert advice on FEMA registration services, including advice on investment caps for various sectors and help set up business organizations in India, such as liaison offices, branches, companies, etc.

We offer FEMA Registration

We offer FEMA registration services apart from an individual legal entity, which needs to be registered and follow the FEMA registration compliance in a timely manner. It is important for individuals and entities who are involved in foreign exchange transactions to secure a FEMA registration for transactions and cross-border investments in India. Our expert at Enterslice offers FEMA registration assistance for companies, including the entities incorporated within the provisions of the Companies Act, 2013, or a limited liability partnership (LLP) registered in accordance with the provisions of the LLP Act 2008 and other legal entities who recognized as a start-up under the DPIIT Scheme under the Ministry of Commerce and Industry.

Here’s an overview of the FEMA registration Services under the FEMA Act

We help to Determine Your Eligibility

Our experts at Enterslice work closely with clients and help them understand whether their business entity falls under the ambit of FEMA. Although FEMA applies to residents, non-residents, businesses, and individuals who are involved in International financial transactions within India.

We help to identify the Relevant Form for FEMA registration

Our experts at Enterslice work closely with client businesses and help to identify the requisite relevant forms to secure FEMA registration. We assess our client business and identify the business requirements depending upon the nature of their transactions or investments, helping to make the appropriate forms for FEMA registrations available. Our experts are well-versed in the RBI's various forms for different types of business activities. We ensure our client stay undisputed in their business activity and comply with the necessary FEMA registration forms.

We help to Gather the Required Documents

After the successful identification of the FEMA registration form, depending upon the nature of our client's business activity, We help to collect and gather all the requisite vital Documents, such as identification, address proof, and other relevant supporting Documents associated with any specific transaction or investment. However, the Paper works varies on the types of FEMA registration.

We help to complete the Application Form

Fill out the application form accurately, providing all required information. Ensure that the information is consistent with the supporting Documents.

We provide assistance in filling out the application form to get FEMA registration and ensure the application form is supported with the requisite information in a consistent form along with the supporting Documents. After the successful filing of the application form, your form will be processed to the apex bank for review purposes. The approval process for FEMA registration can vary depending on the complexity of transactions and the need to respond to any queries or other requests made by RBI for additional information. Our team at Enterslice will look over the entire process and help you with step-by-step guidance to secure your FEMA registration.

We help in Securing your FEMA Registration Certificate

As your FEMA registration application is approved by the end of the regulatory body, you will get a FEMA registration certificate, which serves as crucial evidence that showcases your business compliance in accordance with the FEMA registration regulations. Post the FEMA registration certificate. Our experts will also help you with the crucial compliance of FEMA regulations. We work closely with you and keep your business at the forefront of any changes in FEMA rules. We help to report financial transactions when required and renew your FEMA registration license if needed.

Benefits of FEMA Registration In India

It is specified for compliance with the legal procedures under Section 3 of the FEMA Act, 1999 that every person need to get a FEMA registration certificate in below-mentioned concerns

  • To make payment to or for making payment of loans to a person resident outside India in any manner,
  • To get any payment through orders by any person who is not authorized on behalf of a person resident outside India,
  • Engage in any monetary transactions related to any consideration for the creation or transfer of a right to acquire an asset outside India through any other person.

Thus, failing to comply with the FEMA regulations itself comes under an offence under the FEMA Act and is more likely to attract legal penalties and prosecutions.

Legality of Cross border Payments

Securing registration under the FEMA Act, 1999 will enhance confidence to enter the world of foreign transactions confidently and ensure compliance in accordance with the applicable provisions to mitigate the fears of committing any offence under the FEMA laws.

Avoidance of Penalty under FEMA Registration ACT

Within the FEMA provisions, if case any person contravenes the FEMA provisions or any specified rules and regulations either issued through Master circular or notification by the apex bank of India (RBI) or the Indian government, such person should be liable to be prosecuted and penalized for an amount which could be thrice the considerable amount involved. If the amount involved is not assessed, this could lead to a maximum penalty of INR 2 lacs for each offence. Moreover, for such contravention of a continuing nature, the person is liable for an additional penalty of INR 5000 per day during the period when the contravention continues to take place.

Frequently Asked Questions

FEMA means the Foreign Exchange Management Act, which is a regulatory framework to govern foreign exchange transactions and cross-border transactions within India. FEMA aims to provide external trade and payments in a streamlined order and promptly develop and maintain the foreign exchange market in India. Every individual and business needs to have FEMA registration to operate within India.

Any individual or entity who engages in international transactions is required to be under the FEMA registration in case their activities come within the scope of the FEMA Act. It includes the receiving of foreign funds or investments or making overseas investments.

FEMA registration is important as it ensures compliance with the FEMA laws and other associated laws and facilitates a transparent and regulated foreign exchange market in India. FEMA registration enables businesses and individuals to engage in international transactions in the most effective manner and allows them to contribute their part to the Indian economy.

FEMA registration services cover a wide range of financial activities, starting from the very beginning process of securing FEMA registration or license for inbound and outbound forms of investments, compliance with the regulatory FEMA requirements and seeking appropriate approvals for different international transactions.

To start with the FEMA registration process, you need to consult with a professional service provider who is well-versed in foreign exchange laws. Professional experts give proper guidance and ensure the entire Paper works, application process, and compliance are as per the FEMA rules and regulations.

Yes, an individual can also get FEMA registration if he or she is involved in foreign investments, remittances, or any other international-related transactions which exceed the prescribed limit by the government of India. It is therefore suggested that individuals engaged in these kinds of activities take appropriate guidance on FEMA registration and comply with FEMA compliance for smooth business operations.

Non compliance as per FEMA regulations may result in huge fines, penalties, and imprisonment. Therefore, it is necessary for individuals and businesses to comply with the FEMA provisions so as to avoid legal penalties and ensure a streamlined international trade process.

The FEMA registration may vary in different cases, depending upon the complexity and Document completeness provided. It is recommended that individuals and businesses take advice on FEMA registration from professionals who will help them and guide them step by step through the entire process of FEMA registration without any delays.

Yes, a registered entity is free to apply for modifications in their FEMA registration details. It becomes very necessary for individuals and businesses to keep updated on all information and timely inform the relevant authorities on sudden changes in their business operations, etc.

Individuals and businesses are advised to seek advice on FEMA registration from professional FEMA registration services experts. They will help and guide in FEMA registration and its compliance.

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