FEMA Lawyer India — Foreign Exchange Management Act

Expert FEMA Lawyer for RBI & ED Notices in India

The Foreign Exchange Management Act (FEMA) 1999 governs all cross-border financial transactions involving Indian residents. FEMA violations — even unintentional ones — can trigger severe RBI penalties, Enforcement Directorate (ED) investigations, and adjudication proceedings. Accorg Consulting's FEMA lawyers provide expert guidance on FEMA compliance, RBI compounding applications, and defense against ED notices.

Whether you are an exporter facing an Export Realization Default (ERD) notice, an NRI with unreported foreign assets, a company with FDI compliance gaps, or an individual receiving an ED summons — our FEMA lawyers protect your interests with precision.

FEMA Legal Services We Provide

RBI Compounding Applications

• Identify FEMA violations (both knowing and inadvertent)
• Prepare and file compounding applications with RBI
• Represent before RBI/FEMA Compounding Authority
• Minimize compounding penalty through proper presentation

FDI & ODI Compliance

• FDI compliance review (automatic route and government approval route)
• FC-GPR, FC-TRS, FLA return filing
• Overseas Direct Investment (ODI) compliance
• External Commercial Borrowings (ECB) compliance

NRI & Diaspora FEMA Matters

• NRE/NRO account repatriation issues
• Inherited property repatriation for NRIs
• FEMA implications of return to India (status change)
• Overseas assets disclosure and regularization

Export-Import FEMA Compliance

• Export Realization Default defense
• SOFTEX form filing for IT services exporters
• Import payments within FEMA timelines
• Advance payment and undrawn forwards regularization

Frequently Asked Questions — FEMA Lawyer India

What is the difference between FEMA and FERA?

FERA (Foreign Exchange Regulation Act, 1973) was a strict criminal law where the burden of proof was on the accused. FEMA 1999 replaced it with a civil law framework — violations are generally compoundable through payment of penalty, not imprisonment (except in special cases involving the ED). FEMA is regulatory; FERA was punitive. Our FEMA lawyers use this framework to protect clients from criminal prosecution.

Can FEMA violations be compounded (forgiven) by RBI?

Yes. Most FEMA violations can be compounded by the RBI under Section 15 of FEMA. Compounding means paying a negotiated penalty to close the matter without prosecution. Our FEMA lawyers prepare compelling compounding applications that accurately quantify the violation, explain mitigating factors, and minimize the penalty payable.

What is the penalty for FEMA violations in India?

Penalties can be up to 3 times the amount involved in the violation, OR ₹2 lakh (whichever is higher), plus ₹5,000 per day for continuing violations. For serious violations involving national security or AML, the ED can investigate under PMLA. Our FEMA lawyers typically help clients achieve compounding at 10-30% of the theoretical maximum penalty.