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Circulars
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Master Circular on Establishment of Liaison / Branch /Project Offices in India by Foreign Entities
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Establishment of foreign offices requires RBI permission, AD bank routing and ongoing reporting and audit compliance.
Establishment of foreign Liaison, Branch and Project Offices in India requires prior permission under FEMA routed through AD Category I banks to the Reserve Bank or, where applicable, the Government Route. Eligibility turns on sectoral FDI permissibility, prescribed track record and minimum net worth or parental Letter of Comfort. Approved offices receive a Unique Identification Number, must obtain tax registration, and comply with reporting, annual audit certification, and RBI/AD scrutiny; closure and remittance require auditor certificates, tax clearance and RBI specified documentation.
Master Circular on Miscellaneous Remittances from India – Facilities for Residents
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Liberalised Remittance Scheme permits resident individuals to remit abroad for permitted transactions subject to compliance and reporting.
Consolidates permissions and operational instructions under FEMA for release and use of foreign exchange by residents: Authorised Dealers may release foreign exchange for specified non trade current account purposes within delegated ceilings, apply self declaration for certain remittances, observe KYC/AML and record keeping obligations, enforce surrender and retention rules for unspent foreign exchange, and implement the Liberalised Remittance Scheme permitting resident individuals to remit abroad for permitted current or capital transactions subject to PAN, reporting and exclusions; additional provisions cover international cards, prepaid travel card redemption, guarantees for import of services and loans to NRI/PIO close relatives under LRS.
Master Circular on Risk Management and Inter-Bank Dealings (Updated as on March 31, 2015)
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Foreign exchange derivatives rules govern permissible hedges, eligibility, documentation and reporting requirements for market participants.
Master Circular prescribes the regulatory framework for foreign exchange risk management and inter bank dealings: authorised derivative products, eligible users and detailed operational safeguards including documentary evidence, undertakings, auditor certifications, tenor/notional and rebooking/rollover rules tied to underlying exposures. It sets prudential requirements for AD Category I banks on product offering, user suitability, position limits, CRAR linked eligibility, commodity and freight hedging routes, and extensive reporting and disclosure obligations to the Reserve Bank.
Master Circular on Acquisition and Transfer of Immovable Property in India by NRIs/PIOs/Foreign Nationals of Non-Indian Origin (Updated upto March 11, 2015)
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Acquisition and transfer of immovable property by non-residents: regulated permissions, repatriation limits and payment routes.
Acquisition and transfer of immovable property in India by NRIs and PIOs is permitted for residential and commercial property (excluding agricultural land/plantation/farm houses) with payments only by inward remittance or debit to permitted non resident accounts; repatriation of sale proceeds requires compliance with lawful acquisition, limits to amounts representing permitted foreign exchange or non resident account balances, and is subject to RBI permission or authorised dealer conditions, while inheritance, diplomatic purchases, business establishment acquisitions, country specific prohibitions, and tax compliance are governed by prescribed declarations and approvals.
Master Circular on Memorandum of Instructions for Opening and Maintenance of Rupee/ Foreign Currency Vostro Accounts of Non-resident Exchange Houses (As updated on May 20, 2015)
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Rupee Drawing Arrangements: rules for opening and operating non resident Exchange House vostro accounts with strict KYC and reporting.
The Circular establishes rules for opening, funding, operation and oversight of Rupee and foreign currency vostro accounts of non resident Exchange Houses under Rupee Drawing Arrangements and Foreign Currency Drawing Arrangements. It prescribes permitted inbound remittance uses, credit only account operations, separate accounts per arrangement, three operational procedures (DDA, Non DDA, Speed Remittance) with corresponding audit/inspection and collateral regimes, strict KYC/AML/CFT compliance, periodic internal and external reviews, and specified reporting and Board approval requirements to the Reserve Bank.
Master Circular on Non-Resident Ordinary Rupee (NRO) Account
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NRO account rules set eligibility, permissible credits/debits and repatriation controls with documentation and tax compliance required.
Master Circular consolidates rules for Non-Resident Ordinary Rupee (NRO) Accounts: persons resident outside India may open NRO accounts (various types) for bona fide rupee transactions; specific nationality and documentation conditions apply. It lists permissible credits (inward remittances, legitimate Indian dues, sale proceeds, resident gifts/loans within liberalised limits) and debits (local rupee payments, remittance of current income, transfers/repatriation for bona fide purposes subject to an annual ceiling and tax compliance). Repatriation of sale proceeds and balances requires documentary evidence, tax payment, and is subject to nationality-based restrictions and Reserve Bank permissions in certain cases.
Master Circular on Money Transfer Service Scheme (As updated on March 25, 2015)
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Money Transfer Service Scheme rules require authorised Indian agents to meet eligibility, KYC/AML, collateral and reporting obligations.
Regulation of inward personal remittances under the Money Transfer Service Scheme (MTSS) permits only specified inward personal transfers and requires Reserve Bank authorisation for Indian Agents drawn from defined financial entities that meet minimum Net Owned Funds and documentary conditions. Overseas Principals must be regulated, AML compliant and meet minimum net worth and due diligence standards; collateral must be maintained and reviewed. Indian Agents retain responsibility for Sub Agent due diligence, KYC/AML/CFT compliance, periodic reporting, audits and inspections, and permissions are time limited and renewable subject to continued conformity with RBI requirements.
Inter-Governmental Agreement with United States of America under Foreign Accounts Tax Compliance Act - Registration
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FATCA registration required for Indian financial institutions to obtain GIINs and avoid withholding; guidance covers overseas branch compliance.
The circular directs SEBI registered financial intermediaries to follow the Government's FATCA registration guidance: postpone registration until the formal IGA is signed, but register within the permitted period to obtain a Global Intermediary Identification Number (GIIN) to avoid FATCA withholding. Overseas branches in jurisdictions that permit registration or have Model One arrangements may obtain GIINs; branches in jurisdictions that do not permit registration will be subject to withholding. Parent/head office registration prerequisites and dissemination duties for Stock Exchanges and Depositories are also specified.
27/2014 - 30-06-2014 Companies Law
Clarification regarding filing of Form DPT4 under Companies Act, 2013.
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Form DPT4 filing extension granted, companies allowed additional time to submit deposit statements without extra fee.
Ministry clarifies that companies required to file a statement of existing deposits via Form DPT4 under the Companies (Acceptance of Deposits) Rules are granted an additional two months to file with the Registrar without payment of any additional fee, and directs placement of this circular on the Ministry website.
Remittances to non-residents – Deduction of Tax at Source
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Tax Deduction at Source on remittances requires authorised dealers to apply updated income-tax information rules; FEMA guidance withdrawn.
Authorised Dealers must apply the revised income-tax information-furnishing rules for deduction of tax at source on remittances to non-residents effective October 1, 2013, and ensure compliance with tax-law requirements when allowing outward remittances; the Reserve Bank will not issue separate FEMA instructions on these tax-deduction procedures and Authorised Dealers should seek clarification from the tax administration while observing any other statutory permissions required.
SWITCHING OVER FROM NIC - 1987 TO NIC - 2008
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Industrial classification update NIC-2008 adoption for activity classification, affecting licensing, approvals and registration processes nationwide.
Adoption of NIC-2008 in place of NIC-1987 for classification of activities in industrial licence and IEM proposals; immediate application of NIC-2008 to submissions to the Department of Industrial Policy & Promotion to align classification with contemporary economic structure, improve investor-friendliness and facilitate approvals, registrations and categorisation.
SEBI Circulars No. CIR/CFD/DIL/3/2013 dated January 17, 2013, CIR/CFD/DIL/7/2013 dated May 13, 2013 and CIR/CFD/POLICYCELL/14/2013 dated November 29, 2013 - Extension of time line for alignment
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Alignment of employee benefit schemes extended until new regulations are notified, while secondary market acquisition remains prohibited.
Existing employee benefit schemes must be aligned with SEBI (ESOS and ESPS) Guidelines, 1999, but the timeline for such alignment is extended until new regulations are notified; the existing prohibition on acquiring securities from the secondary market remains in force until schemes are aligned with the new regulations.
Notification of SIONs pertaining to product group Chemical & Allied Products.
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Review of SIONs requires submission of production and consumption data or suspension of Advance Authorization benefits.
Notification lists specific SIONs for Chemical & Allied Products as subject to review and requires manufacturers and Export Promotion Councils to submit revised production and consumption data in ANF 4B. Provision of the requested data is made mandatory for revision of SIONs and as a condition for continued access to Advance Authorization and DFIA; failure to submit by the prescribed deadline will result in stoppage of those benefits for products covered by the listed SIONs.
26/2014 - 27-06-2014 Companies Law
Clarification with regard to use of the words “ commodity Exchange” in a company-reg.
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Commodity Exchange name usage requirement: firms must furnish a No Objection Certificate before using the term.
Use of the words Commodity Exchange in a company's registered name is permitted only where the applicant furnishes a No Objection Certificate from the Forward Markets Commission; all other applicable requirements of the Companies (Incorporation) Rules, 2014 remain applicable. The NOC obligation also applies to companies registered with the words prior to the circular, which must produce the Forward Markets Commission certificate.
LIST OF DEFENCE ITEMS REQUIRING INDUSTRIAL LICENSE
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Industrial licence for defence items: specified military systems and components require licensing; general dual-use goods are exempt.
A mandatory industrial licence is required for the annexed categories of defence items read with Entry No.13 of Schedule II, covering ground combat vehicles, electronic aerospace and defence equipment, military aircraft and unmanned systems, warships and naval systems, and a comprehensive range of arms, ammunition, energetic materials, munitions, countermeasures, high-velocity kinetic and directed energy weapons, their specially designed components, test models and associated military systems. Items not listed and general dual-use goods are exempt from defence-related industrial licensing unless specifically included.
Instructions regarding need to follow Judicial discipline in adjudication proceedings.
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Judicial discipline: follow binding precedent and existing circulars to prevent avoidable litigation in adjudication proceedings.
Field adjudicating authorities must follow judicial discipline by applying binding precedents and Board circulars, notably Circular No. 695/11/2003-CX, in refund adjudications; failure to do so-illustrated by the Gujarat High Court matter involving M/s Dupont-leads to avoidable litigation and adverse judicial observations, and the Board directs perusal of the cited judgments and communication of these instructions to all adjudicating authorities.
Procedure relating to tracking and tracing of export consignment of pharmaceuticals and drugs.
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Track and trace for pharmaceutical exports requires GS1 barcode serialization and submission of Certificates of Analysis for shipments.
Exporters of drugs and pharmaceuticals must implement a track and trace system using GS1 barcode standards and submit a Certificate of Analysis at shipment. Primary packs require 2D GS1 Data Matrix barcodes encoding GTIN and a unique serial number; secondary packs require 1D or 2D barcodes encoding GTIN, batch number, expiry date and unique serial number (mono cartons treated as secondary); tertiary packs require 1D barcodes encoding GTIN, batch number, expiry date and unique serial number. Manufacturers must retain serialized export records for six months after product expiry, authentication features will be integrated later, and a Central Portal will be established.
25/2014 - 26-06-2014 Companies Law
Clarification on applicability of requirement for resident director.
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Residency requirement for company directors: proportionate days apply from commencement; resident director timing set for new incorporations.
Section 149(3) creates a residency requirement for at least one director, with the first year of compliance reckoned from commencement of the provision and the required stay for that initial calendar year calculated on a proportionate basis; transitional appointment timelines for newly incorporated companies vary by incorporation date, requiring early or immediate appointment of a resident director.
Allocation of court work of 2A-2B mismatch to Special Objection Hearing Authority (SOHA)
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Mismatch allocation: only dealer objections go to Special Objection Hearing Authority; corrections remain with ward incharges.
SOHA shall handle only those 2A-2B mismatch cases in which a dealer has filed an objection; matters involving mere rectification or review for an apparent mistake, or mismatches resolved by revising the return in the system, shall be dealt with by the concerned ward incharges, and SOHA is directed to transfer such cases to the appropriate wards.
24/2014 - 25-06-2014 Companies Law
Clarification with regard to holding of shares in a fiduciary capacity by associate company under section 2(6) of the Companies Act, 2013.
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Fiduciary shareholding excluded from associate-company determination under section 2(6), clarifying it shall not be counted.
Shares held by a company in another company in a fiduciary capacity shall not be counted for the purpose of determining the relationship of "associate company" under section 2(6) of the Companies Act, 2013; the circular continues earlier guidance and provides regulatory clarification isolating fiduciary or custodial holdings from ownership/control tests.

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