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        FEMA

        Regulation 5 - Permission to an Indian Entity to Remit Funds in Certain Cases

        Foreign Exchange Management (Remittance of Assets) Regulations, 2016
        Chapter 01

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        Remittance for expatriate staff retirement funds: Indian entities may remit employer contributions to overseas pension arrangements. An Indian entity may remit its contribution to the provident, superannuation or pension fund of expatriate staff whose retirement funds are maintained outside India, provided those employees are resident in India but not permanently resident. 'Expatriate staff' means persons whose funds are maintained abroad by their principal employer; 'not permanently resident' means residents in India for a specified duration or for a specific job or assignment not exceeding three years.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Remittance for expatriate staff retirement funds: Indian entities may remit employer contributions to overseas pension arrangements.

                                An Indian entity may remit its contribution to the provident, superannuation or pension fund of expatriate staff whose retirement funds are maintained outside India, provided those employees are resident in India but not permanently resident. 'Expatriate staff' means persons whose funds are maintained abroad by their principal employer; 'not permanently resident' means residents in India for a specified duration or for a specific job or assignment not exceeding three years.


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