A key difference between FERA and FEMA is that the former regulated the foreign trade while the later encouraged it. DIFFERENCES. CHANGES / PROGRESSION FROM FERA TO FEMA – A STEP AHEAD. Similarities. The similarities between FERA and FEMA are as follows. Difference between FERA and FEMA (Foreign Exchange Regulation Act and Foreign Exchange Management Act). Article shared by. FERA (Foreign Exchange.

Author: Gazahn Dizilkree
Country: Guatemala
Language: English (Spanish)
Genre: Marketing
Published (Last): 9 February 2007
Pages: 312
PDF File Size: 18.94 Mb
ePub File Size: 5.7 Mb
ISBN: 845-8-65913-426-8
Downloads: 40722
Price: Free* [*Free Regsitration Required]
Uploader: Moogujas

The leading aim of this FERA that can be mostly known as the Foreign Exchange Regulation Act FERA would be to protect and also expectancy of out-flow of foreign alternative like a consequence of existence of this adverse association of overseas alternative equilibrium contained in India.

The monetary penalty payable under FERA, was nearly the five times the amount involved.

Click below to re-subscribe. It extends to the whole of India. User assumes all risk of use, damage, or injury. The main involving those 2 terminologies is the main aim as FERA has been manufactured in a bid to guard and forestall abuse of overseas alternative.

Difference between FERA and FEMA – Difference Between

FEMA an act initiated to facilitate external trade and payments and to promote orderly management of the forex market in the country. FEMA has the responsibility of ensuring that there is the orderly management of foreign exchange market in the country. Get Anx Comparisons in your inbox: However, the Central Government may, in public interest in consultation with the Reserve Bank impose such reasonable restrictions for current account transactions as may be prescribed.

The Foreign Exchange Management Act is an extension of the earlier foreign exchange regulation act.

It aims to promote foreign trade, foreign payments and to increase size of foreign exchange reserve in the country. You have blocked the notification on recent updates. The main purpose with the monthly bill was supposed to unite and amend the action vulnerable to overseas having the principle to how straight-forward the advancement of outdoors funds and trades in compliance with all the preservation and enhancement of overseas gera current market in India.


Therefore a person who qualifies to be a non-resident under the income Tax Act, will also be considered a non-resident for the purposes of application of FEMA, but a person who is considered to be non-resident under FEMA may not necessarily be a non-resident under the Income Tax Act, for instance a business man going abroad and staying therefore a period of days or more in a financial year will become a non-resident under FEMA.

FEMA expressly recognizes the right of appellant to take assistance of legal practitioner or chartered accountant Tuesday 1 Jan FEMA came into act on 1st of June In addition to this, FEMA aims to promote foreign payments, export of the country and promote bftween capital and investment in the country to promote holistic development of India.

FERA and FEMA | Foreign Exchange Management Act (FEMA) | Areas of Law | Law Library | AdvocateKhoj

The objective of the Act is to consolidate and amend the law relating to foreign exchange with the objective of facilitating external trade and payments for promoting the orderly development and maintenance of foreign exchange market in India.

PAN of the Business. FEMA extends to the whole of India. You Might Also Like: Leave a Response Cancel Reply Name berween. This act seeks to make offences related to foreign exchange civil offences.

Enter Your Login Details

Provisions of Foreign Exchange Management Act. FERA consisted of 81 sections, and was more complex. This activity directly referred into the capacities of multi national businesses working in India.

Get News Alerts from Taxmann. This means that any person who is citizenship is subjected to all the provisions of the foreign exchange regulation act. FEMA is considered to be a flexible act that incorporates other measures towards the management and control of the fefa exchange market.


The economic policy of liberalisation was first time introduced in India in the year that opened gates for foreign investment in many sectors.

Violation and Punishment FERA is a non-compoundable offense, which means that the complainant cannot enter fwma a compromise and drop the case against the accused.

Difference between FERA and FEMA

In FERA, contravention has been announced to be a crime in resistance to regulations and has been compoundable. The laws has develop to be crucial to its administration of overseas instead of its own regulation.

In the yearthe Tarapore Committee recommended changes in the present legislation that regulate foreign exchange in the country. The Foreign Exchange Management Act was formulated and implemented when the foreign exchange reserve of India was satisfactory. FERA is a non-compoundable offense, which femq that the complainant cannot enter into a compromise and drop the case against the accused.

Therefore, all the citizens of the country, inside or outside India are covered under this act. Additionally, FEMA is short with 49 sections, which are not detailed or restrictive.

Terms like Capital Diffeerence Transaction, current account Transaction person, service etc.

Violation of FERA is a non-compoundable offence in the eyes of law. The Reserve Bank of India and betdeen government would continue to be the regulatory bodies. For a person to be subjected to the provisions of foreign exchange management act, he or she must stay in India for more than six months. Imprisonment is prescribed only when one fails to pay the penalty.