Compounding of Contraventions

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Compounding powers were delegated to the Regional Offices of the Reserve Bank of India to compound the following contraventions of FEMA 20/2000-RB dated May 3, 2000 as then applicable.

FEMA Regulation Brief Description of Contravention
Paragraph 9(1)(A) of Schedule I Delay in reporting inward remittance received for issue of shares.
Paragraph 9(1)(B) of Schedule I Delay in filing form FC(GPR) after issue of shares.
Paragraph 9(2) of Schedule I Delay in filing the Annual Return in respect of the Foreign Liabilities and Assets (FLAR).
Paragraph 8 of Schedule I Delay in issue of shares/refund of share application money beyond 180 days, mode of receipt of funds, etc.
Paragraph 5 of Schedule I Violation of pricing guidelines for issue of shares.
Regulation 2(ii) read with Regulation 5(1) Issue of ineligible instruments such as non-convertible debentures, partly paid shares, shares with optionality clause, etc.
Paragraph 2 or 3 of Schedule I Issue of shares without approval of RBI or FIPB respectively, wherever required.
Regulation 10A (b)(i) read with paragraph 10 Delay in submission of form FC-TRS on transfer of shares from Resident to Non-Resident.
Regulation 10B (2) read with paragraph 10 Delay in submission of form FC-TRS on transfer of shares from Non-Resident to Resident.
Regulation 4 Taking on record transfer of shares by investee company.
Regulation 14(6)(ii)(a) Delay in reporting the downstream investment made by an Indian entity or an investment vehicle in another Indian entity (which is considered as indirect foreign investment for the investee Indian entity in terms of these regulations), to Secretariat for Industrial Assistance, DIPP.
Paragraphs 7(1) (for the period upto 02.03.2017) and 6(1) (for the period 03.03.2017 to 06.11.2017) of Schedule 9 Delay in reporting receipt of amount of consideration for capital contribution and acquisition of profit shares by Limited Liability Partnerships (LLPs) / delay in reporting disinvestment/transfer of capital contribution or profit share between a resident and a non-resident (or vice-versa) in case of LLPs.
Regulation 10(A)(a) Gift of capital instruments by a person resident in India to a person resident outside India without seeking prior approval of the Reserve Bank of India.

The compounding powers have been delegated to the Regional Offices of the Reserve Bank of India to compound the following contraventions of FEMA 20(R)/ 2017-RB.

FEMA Regulation Brief Description of Contravention
Regulation 13.1(1) Delay in reporting inward remittance received for issue of shares.
Regulation 13.1(2) Delay in filing form FC(GPR) after issue of shares.
Regulation 13.1(3) Delay in filing the Annual Return on Foreign Liabilities and Assets (FLA).
Paragraph 2 of Schedule I Delay in issue of shares/refund of share application money beyond 60 days, mode of receipt of funds, etc.
Regulation 11 Violation of pricing guidelines for issue/transfer of shares.
Regulation 2(v) read with Regulation 5 Issue of ineligible instruments
Regulation 16.B Issue of shares without approval of RBI or Government, wherever required.
Regulation 13.1(4) Delay in submission of form FC-TRS on transfer of shares from Resident to Non-Resident or from Non-resident to Resident.
Regulation 4 Receiving investment in India from non-resident or taking on record transfer of shares by investee company.
Regulation 13.1(11) Delay in reporting the downstream investment made by an Indian entity or an investment vehicle in another Indian entity (which is considered as indirect foreign investment for the investee Indian entity in terms of these regulations), to Secretariat for Industrial Assistance, DIPP.
Regulations 13.1(7) and 13.1(8) Delay in reporting receipt of amount of consideration for capital contribution and acquisition of profit shares by Limited Liability Partnerships (LLPs)/ delay in reporting disinvestment/transfer of capital contribution or profit share between a resident and a non-resident (or vice-versa) in case of LLPs.
Regulation 10(5) Gift of capital instruments by a person resident in India to a person resident outside India without seeking prior approval of the Reserve Bank of India.

As per provisions of section 13 of FEMA the amount imposed can be up to three times the amount involved in the contravention. However, the amount imposed is calculated based on guidance note given below. It may, however, be noted that the guidance note is meant only for the purpose of broadly indicating the basis on which the amount to be imposed is derived by the compounding authorities in Reserve Bank of India. The actual amount imposed may sometimes vary, depending on the circumstances of the case taking into account the factors indicated in the foregoing paragraph.

Guidance Note on Computation Matrix

Type of contravention Existing Formula
1] Reporting Contraventions
A) FEMA 20
Para 9(1)(A), 9(1)(B), part B of FC(GPR), FCTRS (Reg. 10) and taking on record FCTRS (Reg. 4)
B) FEMA 3
Non submission of ECB statements
C) FEMA 120
Non reporting/delay in reporting of acquisition/setup of subsidiaries/step down subsidiaries /changes in the shareholding pattern
D) Any other reporting contraventions (except those in Row 2 below)

Fixed amount : Rs. 10000/- (applied once for each contravention in a compounding application) +

Variable amount as under:

  • Up to 10 lakhs: 1000 per year
  • Above Rs. 10 lakhs & below Rs. 40 lakhs: 2500 per year
  • Rs. 40 lakhs or more and below Rs. 100 lakhs: 7000 per year
  • Rs. 1-10 crore : 50000 per year
  • Rs. 10 -100 Crore : 100000 per year
  • Above Rs. 100 Crore : 200000 per year
E) Reporting contraventions by LO/BO/PO As above, subject to ceiling of Rs. 2 lakhs. In case of Project Office, the amount imposed shall be calculated on 10% of total project cost.
2] AAC/ APR/ Share certificate delays
In case of non-submission/ delayed submission of APR/ share certificates (FEMA 120) or AAC (FEMA 22) or FCGPR (B) 3 or FLA Returns – FEMA 20 / FEMA 20 (R) / FEMA 120
  • Rs. 10000/- per AAC/APR/FCGPR (B)4/FLA Return delayed.
  • Delayed receipt of share certificate – Rs. 10000/- per year, the total amount being subject to ceiling of 300% of the amount invested.
3]
A) Allotment/Refunds
Para 8 of FEMA 20/2000-RB (non-allotment of shares or allotment/ refund after the stipulated 180 days)
B) LO/BO/PO
(Other than reporting contraventions)

Rs. 30000/- + given percentage:

  • 1st year : 0.30%
  • 1-2 years : 0.35%
  • 2-3 years : 0.40%
  • 3-4 years : 0.45%
  • 4-5 years : 0.50%
  • >5 years : 0.75%

(For project offices the amount of contravention shall be deemed to be 10% of the cost of project).
4] All other contraventions except Corporate Guarantees but including all contraventions of FEMA 20(R)/2017-RB dated November 07, 2017 other than FLA Returns

Rs. 50000/- + given percentage:

  • 1st year : 0.50%
  • 1-2 years : 0.55%
  • 2-3 years : 0.60%
  • 3-4 years : 0.65%
  • 4-5 years : 0.70%
  • >5 years : 0.75%
5] Issue of Corporate Guarantees without UIN/ without permission wherever required /open ended guarantees or any other contravention related to issue of Corporate Guarantees.

Rs. 500000/- + given percentage:

  • 1st year : 0.050%
  • 1-2 years : 0.055%
  • 2-3 years : 0.060%
  • 3-4 years : 0.065%
  • 4-5 years : 0.070%
  • >5 years : 0.075% In case the contravention includes issue of guarantees for raising loans which are invested back into India, the amount imposed may be trebled.
*The contraventions of FEMA 20 existing and continuing as on November 07, 2017 (i.e. the starting date of contraventions prior to November 07, 2017) will be compounded as per 1(A) above.

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