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A practice anchor at D Somani & Associates

FEMA Advisory.


At a glance

The five things you need to know.

What it is

FDI, ODI, ECB, compounding and routine FEMA filings - the regulatory layer of every cross-border decision.

Who it's for

Indian companies investing abroad, foreign investors in India, promoters raising external commercial borrowings, anyone with a pending FEMA contravention.

How we run it

We hold the structuring view before we touch the filing. Filings come last, not first.

You walk away with

Filings completed on time (Form FC, Form ODI, FLA), an approval memo for any structure that needs RBI sanction, and a compounding application where required.

Typical timeline

Routine filings: 1-2 weeks. ECB / ODI structuring: 3-4 weeks. Compounding: 3-6 months (RBI-dependent).

What we do.

FDI advisory and reporting.

Sector cap analysis, route determination (auto vs approval), pricing guidelines, and reporting on Form FC. We hold the structuring view first; the filing follows the position, not the other way round.

ODI / OPI.

Overseas Direct Investment and Overseas Portfolio Investment under the post-2022 framework. Form FC for ODI, the OPI/ODI distinction, ongoing reporting (annual performance reports, FLA), and the divestment / closure side that most firms ignore until it's late.

ECB structuring.

Eligible borrower / recognised lender check, all-in cost ceiling, hedging, end-use, and the conversion of ECB into equity where structurally relevant.

Compounding.

When a contravention is identified, we run the full compounding cycle - application drafting, RBI representation, and the closing certificate. We also handle voluntary disclosures before they escalate.

How we are different.

  • Inside the same firm as international tax. Your FDI structure and your DTAA position are run by people who talk to each other.
  • Position-first, filing-second. We never start with the form. We start with the regulatory intent.
  • Compounding is a craft, not a checkbox. A well-drafted compounding application changes the penalty meaningfully. We treat them that way.

Routine filings.

Form FC, Form ODI, FLA, APR and the rest - done on time, every quarter, every year, with a tracker visible to your CFO. No "we forgot to file" emails the day before the due date.

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