Analyse the following situations and comment upon the legal validity of the transactions in the light of the FEMA, 1999. (1) John, a foreign…
CA Intermediate · Corporate and Other Laws · MTP · May 2025
Analyse the following situations and comment upon the legal validity of the transactions in the light of the FEMA, 1999. (1) John, a foreign national (not of Indian origin), wants to buy agricultural land in India. (2) An NRI wants to open a fixed deposit account in an Indian bank using foreign currency.
Suggested Answer and Working Notes:
(1) No, said transaction cannot take place being invalid in nature. As per the Foreign Exchange Management (Permissible Capital Account Transactions) Regulations, 2000, the person resident outside India is prohibited from making investments in India in any form, in any company, or partnership firm or proprietary concern or any entity whether incorporated or not which is engaged or proposes to engage in agricultural. Therefore, John cannot buy an agricultural land in India. (2) Yes the given statement or act of a NRI is valid under Schedule II(e) of the Foreign Exchange Management (Permissible Capital Account Transactions) Regulations, 2000. According to which deposits between a resident and a non-resident are permitted. So, NRI can open NRE (Non-Resident External) or FCNR (Foreign Currency Non-Resident) deposit accounts in India, which allow foreign currency deposits.
Topics: The Foreign Exchange Management Act, 1999
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