Master Directions - Compounding of Contraventions under FEMA, 1999, dated April 22, 2025 ( Updated as on April 24, 2025 )
In force — no superseding record on file.
RBI/FED/2025-26/135
FED Master Direction No.04/2025-26
April 22, 2025
(Updated as on April 24, 2025)
To,
All Authorised Dealer Category – I banks and Authorised banks
Madam / Sir,
Master Directions - Compounding of Contraventions under FEMA, 1999
The provisions of section 15 of Foreign Exchange Management Act, 1999 (42 of 1999) [hereinafter referred to as ‘FEMA, 1999’], enable compounding of contraventions and, empowers the Reserve Bank to compound any contravention as defined under section 13 of the FEMA, 1999, except the contraventions under section 3 (a) of FEMA, 1999, on an application made by the person committing such contravention. Government of India vide Notification G.S.R. 566 (E). dated September 12, 2024, has notified the Foreign Exchange (Compounding Proceedings) Rules, 2024 in supersession of the Foreign Exchange (Compounding Proceedings) Rules, 2000.
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Instructions issued on "Compounding of Contraventions under FEMA, 1999" have been compiled in this Master Direction. The list of underlying circulars/ notifications which form the basis of this Master Direction is furnished in the Appendix.
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Further, in terms of Section 11 (2) of FEMA, 1999, the Reserve Bank may, for the purpose of ensuring the compliance with the provisions of the Act or of any rule, regulation, notification, direction or order made thereunder, direct any authorized person to furnish such information, in such manner, as it deems fit.
th the provisions of the Act or of any rule, regulation, notification, direction or order made thereunder, direct any authorized person to furnish such information, in such manner, as it deems fit. Authorised Dealers are therefore, advised to take necessary steps to ensure that checks and balances are incorporated in systems relating to dealing with and reporting of foreign exchange
transactions so that contraventions of provisions of FEMA, 1999, attributable to the Authorised Dealers do not occur. In this connection, it is reiterated that in terms of Section 11(3) of FEMA, 1999, the Reserve Bank may impose on the authorized person a penalty for contravening any direction given by the Reserve Bank under this Act or failing to file any return as directed by the Reserve Bank.
- All AD Category – I banks and Authorised banks may bring the guidelines contained in this circular to the notice of their constituents.
Yours faithfully,
(Dr. Aditya Gaiha) Chief General Manager in Charge
I banks and Authorised banks may bring the guidelines contained in this circular to the notice of their constituents.
Yours faithfully,
(Dr. Aditya Gaiha) Chief General Manager in Charge
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Guidelines for compounding of contraventions under FEMA, 1999
INDEX
Description Page
- General 2
- Compounding of contraventions by Reserve Bank 2
- Application for Compounding
5 4. Cases not eligible for compounding 6 5. Procedure for Compounding 8 6. Issue of Compounding order 12 7. Payment of the amount for which contravention is compounded 13 Annexure I - Details for payment of Compounding application fee and compounding amount. 15 Annexure II - Details of transactions relating to Foreign Direct Investment, External Commercial Borrowings, Overseas Direct Investment and Branch Office / Liaison Office 19 Annexure III - Undertaking in relation to status of investigation by Directorate of Enforcement 22
ternal Commercial Borrowings, Overseas Direct Investment and Branch Office / Liaison Office 19 Annexure III - Undertaking in relation to status of investigation by Directorate of Enforcement 22
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- General
1.1 In exercise of the powers conferred by section 46 read with sub-section (1) of Section 15 of FEMA, 1999, the Central Government had formulated/notified the Foreign Exchange (Compounding Proceedings) Rules, 2024 (hereafter referred as ‘Compounding Rules, 2024’) relating to compounding of contraventions under Foreign Exchange Management Act,1999 (42 of 1999) (hereafter referred as ‘FEMA, 1999’).
1.2 In terms of Section 15 of the FEMA, 1999, any contravention under section 13 of FEMA 1999 {except that of Section 3(a) of the Act} may, on an application made by the person committing such contravention (hereafter referred as ‘applicant’), be compounded within one hundred and eighty days from the date of receipt of such application, by the officers of the Reserve Bank, as prescribed in Rule 4 of the Compounding Rules, 2024.
icant’), be compounded within one hundred and eighty days from the date of receipt of such application, by the officers of the Reserve Bank, as prescribed in Rule 4 of the Compounding Rules, 2024.
1.3 Accordingly, in terms of Section 13(1) of the Act, if any person contravenes any
provision of FEMA, 1999, or any rule, regulation, notification, direction or order issued
in exercise of the powers under this Act, or contravenes any condition subject to which
an authorization is issued by the Reserve Bank, he shall, upon adjudication, be liable
to a penalty up to thrice the sum involved in such contravention where the amount is
quantifiable, or up to Rupees Two lakhs where the amount is not directly quantifiable,
and where the contravention is a continuing one, further penalty which may extend to
Rupees Five thousand for every day after the first day during which the contravention
continues.
1.4 Accordingly, the facility of compounding of contraventions as specified in Section
15(1) of FEMA, 1999, has been provided to persons involved in foreign exchange
transactions to reduce compliance burden as well as costs wherever violation of the
Act or the Rules and Regulations issued under the Act are involved. However,
compounding of contraventions of cases falling under Rule 4(2) and Rule 9 of the
Compounding Rules, 2024 shall not be compounded.
s and Regulations issued under the Act are involved. However, compounding of contraventions of cases falling under Rule 4(2) and Rule 9 of the Compounding Rules, 2024 shall not be compounded.
- Compounding of the contraventions by the Reserve Bank
2.1 In order to facilitate operational convenience, contraventions of following Rules and/or Regulations issued under the Act shall be compounded by the compounding authorities of the Reserve Bank at the Regional Offices.
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Regulations under
Notification
No.
FEMA
20/2000-RB
dated May 3, 2000
Regulations
under
Notification No. FEMA
20(R)/ 2017-RB dated
November 07, 2017
Rules under FEM
(Non–Debt
Instruments)
Rules, 2019 dated
October 17, 2019
Regulations
under Notification
No.
FEMA
395/2019-RB
dated October 17,
2019
Paragraph 9(1)(A) of
Schedule 1
Regulation 13.1(1)
Rule 2(k) read with
Rule 5
Regulation
3.1(I)(A)
Paragraph 9(1)(B) of
Schedule 1
Regulation 13.1(2)
Rule 21
Regulation 4(1)
Paragraph 9(2) of
Schedule 1
Regulation 13.1(3)
Paragraph 3 (b) of
Schedule I (Issue of
shares
without
approval of RBI or
Government,
wherever required)
Regulation 4(2)
Paragraph
8
of
Schedule 1
Paragraph
2
of
Schedule 1
Rule 4 (Receiving
investment in India
from
non-resident
or taking on record
transfer of shares
by
Investee
Company)
Regulation 4(3)
Paragraph
5
of
Schedule 1
Regulation 11
Rule 9(4) and Rule
13(3)
Regulation 4(6)
Regulation 2(ii) read
with Regulation 5(1)
Regulation 2(v) read
with Regulation 5
Regulation 4(7) Paragraph 2 or 3 of
Schedule 1 Regulation 11 Rule 9(4) and Rule 13(3) Regulation 4(6) Regulation 2(ii) read with Regulation 5(1) Regulation 2(v) read with Regulation 5
Regulation 4(7) Paragraph 2 or 3 of Schedule 1 (Issue of shares without approval of RBI or Government, wherever required) Regulation 16.B (Issue of shares without approval of RBI or Government, wherever required)
Regulation 4(11) Regulation 10A (b)(i) read with paragraph 10 of Schedule 1 Regulation 13.1(4)
Regulation 10B (2) read with paragraph 10 of Schedule 1 Regulation 4 (Receiving investment in India from non-resident or taking on record transfer of shares by investee company)
Regulation 4 (Receiving investment in India from non-resident or taking on record transfer of shares by investee company) Regulation 13.1(11)
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Regulations under Notification No. FEMA 20/2000-RB dated May 3, 2000 Regulations under Notification No. FEMA 20(R)/ 2017-RB dated November 07, 2017 Rules under FEM (Non–Debt Instruments) Rules, 2019 dated October 17, 2019 Regulations under Notification No.
Regulations
under
Notification No. FEMA
20(R)/ 2017-RB dated
November 07, 2017
Rules under FEM
(Non–Debt
Instruments)
Rules, 2019 dated
October 17, 2019
Regulations
under Notification
No.
FEMA
395/2019-RB
dated October 17,
2019
Regulation
14(6)(ii)(a)
Regulations 13.1(7) and
13.1(8)
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 Regulation 10(5)
Regulation 10(A)(a)
2.2 The contraventions of Rules and/or Regulations related to Liaison/ Branch/ Project office (LO/ BO/ PO), Non-Resident Foreign Account (NRFAD) and Immovable Property (IP) shall be compounded by the compounding authorities of the Reserve Bank attached to the FED, CO, Cell at New Delhi office:
FEMA Notification FEMA 7/2000-RB, dated 3-5-2000 / FEMA 7(R) /2015-RB dated 21-1-2016 / Rule 21 of Foreign Exchange Management (Overseas Investment) Rules, 2022 dated 22-08-2022 FEMA 21/2000-RB, dated 3-5-2000 / FEMA 21(R)/2018-RB, dated 26-3-2018 /Chapter IX of Foreign Exchange Management (Non-Debt Instruments) Rules, 2019 dated 17-10-2019 FEMA 22/2000-RB, dated 3-5-2000 / FEMA 22(R) /2016-RB dated 31-3-2016 FEMA 5/2000-RB, dated 3-5-2000 / FEMA 5(R)/2016-RB dated 1-4-16
2.3 Accordingly, compounding applications related to any of the above contraventions shall be submitted by the applicants to the respective Regional Offices under whose jurisdiction they fall or to FED, CO Cell, New Delhi, as applicable.
s related to any of the above contraventions
shall be submitted by the applicants to the respective Regional Offices under whose
jurisdiction they fall or to FED, CO Cell, New Delhi, as applicable. With respect to
jurisdiction to be exercised by Regional Offices, any compounding application related
to foreign investment-related contraventions (as mentioned hereinabove) is to be
submitted to the Regional Office having jurisdiction over the registered office of the
investee Indian company concerned.
2.4 For all other contraventions, applications may be submitted to the Cell for Effective
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implementation of FEMA (CEFA), Foreign Exchange Department, Reserve Bank of India, 11th floor, Central Office Building, Shahid Bhagat Singh Road, Fort, Mumbai - 400001.
- Application for Compounding
3.1 An applicant may submit a compounding application, along with the relevant documents, physically or through PRAVAAH Portal of the Reserve Bank, either suo moto or based on a Memorandum of Contraventions issued by the Reserve Bank. Where an applicant, after issue of the Memorandum of contraventions issued by the Reserve Bank, does not opt for compounding within the period as may be stated in the Memorandum of Contravention, the relevant provisions of the FEMA, 1999, shall apply.
ontraventions issued by the
Reserve Bank, does not opt for compounding within the period as may be stated in the
Memorandum of Contravention, the relevant provisions of the FEMA, 1999, shall apply.
3.2 All compounding applications shall be submitted along with the prescribed fee of
₹10,000/- (plus applicable GST, which at present is 18%) by way of demand draft in
favour of “Reserve Bank of India” and payable at the concerned Regional Office/ CO
Cell, New Delhi/ Central Office or through National Electronic Fund Transfer (NEFT),
or other permissible electronic or online modes of payment. The necessary details for
making the payment through electronic mode is provided in Annexure I. It may be
ensured that intimation of payment of application fee, to respective Regional Office,
CO Cell, or Central Office, as the case may be, shall be made as soon as possible but
not later than 2 hours from time of payment, through an email as per the template
provided in Para B of Annexure I. In such cases, the compounding application must
be accompanied by the payment details including the UTR number evidencing the
payment of the application fee.
3.3 The format of the compounding application is appended to the Compounding
Rules, 2024. Applications submitted to the Reserve Bank must contain the contact
details i.e., Name of the applicant/Authorised official or representative of the applicant,
telephone/ mobile number and email ID.
pplications submitted to the Reserve Bank must contain the contact details i.e., Name of the applicant/Authorised official or representative of the applicant, telephone/ mobile number and email ID. 3.4 Along with the compounding application in the prescribed format, the applicant shall also furnish the details as per Annex-II relating to Foreign Direct Investment, External Commercial Borrowings, Overseas Direct Investment and Branch Office/ Liaison Office, as applicable; a copy of the Memorandum of Association, if available, and an undertaking as per Annex-III regarding enquiry/ investigation/ adjudication by
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Directorate of Enforcement (DOE).
3.5 A compounding application shall be returned where administrative action has not
been completed by the applicant or the application is incomplete, or the application fee
has not been paid by the applicant. The application fee, if paid, shall not be returned
in case of return of the compounding application. However, in case such applications
are re-submitted, then the application fee need not be paid again.
3.6 The applicants are also advised to bring changes, if any, in the address/ contact
details of the applicant to the notice of the compounding authority, during the pendency
of the compounding application with the Reserve Bank.
ised to bring changes, if any, in the address/ contact
details of the applicant to the notice of the compounding authority, during the pendency
of the compounding application with the Reserve Bank.
3.7 In case of an incomplete application, wherever the applicant is allowed by the
Reserve Bank to submit any necessary information or documents within a reasonable
time, then the date of receipt of such information or documents, as the case may be,
shall be taken as the date of receipt of the application.
4. Certain cases not eligible for compounding
4.1
In respect of a contravention committed by any person (applicant) within a period
of three years from the date on which a similar contravention was committed and the
same was compounded, such contraventions shall not be compounded, and the
relevant provisions of the Act shall apply. Any contravention committed after the expiry
of a period of three years from the date on which a similar contravention was previously
compounded shall be deemed to be a first contravention.
4.2 No compounding application shall be processed unless the requisite
administrative action is completed by the applicant.
Explanation: Administrative action shall mean such action as may be necessary with
respect to the transactions involved in such contravention (as per Rule 8(1) of the
Compounding Rules, 2024) and shall include such corrective action that shall be
undertaken by the applicant to bring the transaction involved in contravention in
compliance with applicable provisions of FEMA.
Rules, 2024) and shall include such corrective action that shall be undertaken by the applicant to bring the transaction involved in contravention in compliance with applicable provisions of FEMA. An indicative (but not exhaustive) list of such administrative actions include: (i) Obtaining requisite approvals/ permissions from the Government or Reserve Bank or any other statutory authority concerned, as case may be;
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(ii) Unwinding/ reversing the transaction;
(iii) Repatriating the receivables due;
(iv) Compliance with pricing guidelines or submission of valuation certificate;
(v) Compliance with reporting requirements;
(vi) any other such corrective action as may be required
4.3
Contraventions of serious nature viz. transactions suspected of money
laundering, terror financing or affecting sovereignty and integrity of the nation or where
the contravener fails to pay the sum for which contravention was compounded within
the specified period in terms of the compounding order, shall be referred to the DoE
for further investigation and necessary action under the Act.
sum for which contravention was compounded within
the specified period in terms of the compounding order, shall be referred to the DoE
for further investigation and necessary action under the Act.
4.4
Further, in terms of the Rule 9 of Compounding Rules, 2024, transactions, in
which amount involved is not quantifiable or, attracting provisions of Section 37A of the
Act or, where the Adjudicating Authority has already passed an order imposing penalty
under section 13 of the Act or where the DoE is of the view that the compounding
proceeding relates to a serious contravention suspected of money laundering, terror
financing or affecting sovereignty and integrity of the nation, contraventions of such
transactions shall not be eligible for compounding by the Reserve Bank.
4.5 Also, in terms of Rule 4(1) of Compounding Rules, 2024, transactions involving
contravention of Section 3(a) of the Act shall not be eligible for compounding by the
Reserve Bank.
4.6 It is clarified that whenever a contravention is identified by the Reserve Bank or
brought to its notice by the person involved in contravention, the Reserve Bank shall
examine whether:
(i) such contravention(s) may be compounded, and necessary compounding
procedure must be followed or
(ii) the issues involved are sensitive / serious in nature and, therefore, need to be
referred to the DoE for adjudication or further investigation.
5.
y compounding procedure must be followed or (ii) the issues involved are sensitive / serious in nature and, therefore, need to be referred to the DoE for adjudication or further investigation. 5. Procedure for compounding
5.1 On receipt of an application, the Reserve Bank shall examine the application based on the documents and submissions made in the application and assess whether contravention can be compounded in accordance with the Compounding Rules, 2024
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and, if so, the sum involved in the contravention. 5.2 The Compounding Authority may call for any information, or any other documents relevant to the compounding proceedings. In case the contravener fails to submit the additional information/documents called for within the specified period, the application for compounding shall be liable to be returned. 5.3 The following factors, which are only indicative, shall be taken into consideration for the purpose of passing compounding order and determining amount on payment of which contravention shall be compounded: a) Undue gains i.e., the amount of gain of unfair advantage, wherever quantifiable, made as a result of the contravention (or) economic benefits accruing to the contravener from delayed compliance or compliance avoided; b) the amount of loss caused to any authority/ exchequer as a result of the contravention; c) the repetitive nature of the contravention, the track record and/or history of non- compliance of the contravener;
t of loss caused to any authority/ exchequer as a result of the contravention; c) the repetitive nature of the contravention, the track record and/or history of non- compliance of the contravener; d) contravener’s conduct in undertaking the transaction and in disclosure of full facts in the application and submissions made during the personal hearing; and any other factor as considered relevant and appropriate. 5.4 As per provisions under section 13 of FEMA,1999, the penalty amount can be up to three times the sum involved in the contravention. However, the compounding amount payable, as per Section 15 of FEMA, 1999, is calculated based on guidance note given below. It may, further, be noted that the guidance note is meant only for the purpose of broadly indicating the basis on which the compounding amount is derived by the compounding authorities in the Reserve Bank. The actual compounding amount payable may sometimes vary, depending on the circumstances of the case considering the factors indicated in the foregoing paragraph.
authorities in the Reserve Bank. The actual compounding amount payable may sometimes vary, depending on the circumstances of the case considering the factors indicated in the foregoing paragraph.
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I. Guidance Note on Computation Matrix
Type of contravention
Formula
1] Reporting/
submission
Contraventions under
provisions of
i.
FEMA 20/ FEMA
20(R)/ FEMA 395
ii.
FEMA 3/ FEMA
3(R)
iii.
FEMA 120/ FEMA
400
iv.
Any other reporting
contraventions
(except those in
Row 2 below and
of LO/BO/PO)
Fixed amount: INR 10,000/- (applied once for each
regulation/ rule contravened, in a compounding application)
plus
Variable amount:
Amount under
Contravention (in INR)
Compounding amount
that may be imposed
(in INR)
Less than 10 lakh
1,000 per Year
10 lakhs or more and below 40
lakhs
2,500 per year
40 lakhs or more and below 100
lakhs
7,000 per year
1 crore or more and below 10
crore
50,000 per year
10 crore or more and below 100
Crore
100,000 per year
100 crores and above
200,000 per year
v.
Reporting
contraventi
ons by LO/
BO/ PO
As above, subject to ceiling of INR 2 lakhs. In case of Project
Office, the amount imposed shall be calculated on 10% of total
project cost.
2] Submission of AAC/
APR/
FLAR/
Share
certificate
Non-submission/
delayed submission of
i.
APR/
share
certificates (FEMA
120/ FEMA 400) or
ii.
AAC (FEMA 22/
FEMA 22(R)) or
iii.
FCGPR (B) or FLA
Returns - FEMA 20
/ FEMA 20 (R) /
FEMA 120/ FEMA
395/ FEMA 400
INR 10,000 per AAC/ APR/ FCGPR (B) / FLA Return delayed.
FEMA 400) or
ii.
AAC (FEMA 22/
FEMA 22(R)) or
iii.
FCGPR (B) or FLA
Returns - FEMA 20
/ FEMA 20 (R) /
FEMA 120/ FEMA
395/ FEMA 400
INR 10,000 per AAC/ APR/ FCGPR (B) / FLA Return delayed.
Delayed/Non receipt of share certificate – INR.10000/- per
year, the total amount being subject to ceiling of 300% of the
amount invested.
3]
A] Allotment/ Refunds
Non-allotment of shares
or allotment/ refund after
the stipulated period for
Fixed Amount: INR 30,000/- (applied once for each regulation/
rule contravened, in a compounding application) plus
Variable amount:
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Foreign Investment
B] Contraventions
(Other than the reporting
contraventions
mentioned in Para 1(v)
above) by LO/ BO/ PO
Period of delay/ non
submission, as applicable
Variable amount that
may be imposed as
percentage of "amount
under contravention"
Less than 1 year
0.30%
1 year and above but less than 2
years
0.35%
2 years and above but less than 3
years
0.40%
3 years and above but less than 4
years
0.45%
4 years and above but less than 5
years
0.50%
5 years or more
0.75%
(For project offices the amount of contravention shall be
deemed to be 10% of the cost of project).
ss than 4
years
0.45%
4 years and above but less than 5
years
0.50%
5 years or more
0.75%
(For project offices the amount of contravention shall be
deemed to be 10% of the cost of project).
4] Any
contravention
pertaining to issuance
of any guarantee (other
than
reporting
contraventions)
Fixed Amount: INR 5,00,000/- (applied once for each
regulation/ rule contravened, in a compounding application)
plus
Variable amount:
Duration of contravention
Variable amount that
may be imposed as
percentage of "amount
under contravention"
Less than 1 year
0.050%
1 year and above but less than 2
years
0.055%
2 years and above but less than 3
years
0.060%
3 years and above but less than 4
years
0.065%
4 years and above but less than 5
years
0.070%
5 years or more
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.
5] All
other
non-
reporting contraventions
Fixed Amount: INR 50,000/- (applied once for each regulation/
rule contravened, in a compounding application) plus
Variable amount: Duration of contravention Variable amount that may be imposed as percentage of "amount under contravention" Less than 1 year 0.50%
ned, in a compounding application) plus
Variable amount: Duration of contravention Variable amount that may be imposed as percentage of "amount under contravention" Less than 1 year 0.50%
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1 year and above but less than 2
years
0.55%
2 years and above but less than 3
years
0.60%
3 years and above but less than 4
years
0.65%
4 years and above but less than 5
years
0.70%
5 years or more
0.75%
II. The above amounts are presently subject to the following provisos, viz. i. The compounding amount payable shall not exceed 300% of the sum involved in contravention. ii. In case the sum involved in contravention is less than Rupees one lakh, the total compounding amount payable shall not be more than amount of simple interest @5% p.a. calculated on the sum involved in contravention and for the period of contravention in case of reporting contraventions and @10% p.a. in respect of all other contraventions. iii. In case of paragraph 8 of Schedule I to FEMA 20/2000 RB contraventions, the compounding amount payable will be further graded as under: a. If the shares are allotted after 180 days without the prior approval of Reserve Bank, 1.25 times the amount calculated as per table above (subject to provisos at (i) & (ii) above). b. If the shares are not allotted and the amount is refunded after 180 days with the Bank’s permission: 1.50 times the amount calculated as per table above (subject to provisos at (i) & (ii) above). c.
the shares are not allotted and the amount is refunded after 180 days with the Bank’s permission: 1.50 times the amount calculated as per table above (subject to provisos at (i) & (ii) above). c. If the shares are not allotted and the amount is refunded after 180 days without the Bank’s permission: 1.75 times the amount calculated as per table above (subject to provisos at (i) & (ii) above). iv. In cases where it is established that the contravener has made undue gains, the amount thereof may be neutralized to a reasonable extent by adding the same to the compounding amount calculated as per matrix above. v. [Deleted]1.
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vi. Subject to satisfaction of the compounding authority, based on the nature of contravention, exceptional circumstances/ facts involved in case, and in wider public interest, the maximum compounding amount imposed may be capped at INR 2,00,000/- for contravention of each regulation/ rule (applied in a compounding application) with respect to contraventions under row 5 of the above computation matrix.2
III. For calculating compounding amount in respect of reporting contraventions under para I.1 of above matrix, the period of contravention may be considered proportionately {(approx. rounded off to next higher month ÷ 12) X amount for 1 year}. The total no. of days does not exclude Sundays/holidays. 6.
ix, the period of contravention may be considered proportionately {(approx. rounded off to next higher month ÷ 12) X amount for 1 year}. The total no. of days does not exclude Sundays/holidays. 6. Issue of the Compounding Order
6.1 The Compounding Authority shall pass a compounding order after affording an opportunity of being heard to the applicant as expeditiously as possible and not later than 180 days from the date of receipt of such compounding application by Reserve Bank and complete in all respects, on the basis of the averments made in the application as well as other documents and submissions made in this context by the contravener during the personal hearings. 6.2 If the applicant opts for the personal hearing, the Reserve Bank would encourage the applicant to appear either personally or through a virtual mode rather than being represented / accompanied by legal experts / consultants, as compounding is a voluntary process and only for admitted contraventions. Appearing for or opting out of personal hearing does not have any bearing whatsoever on the compounding amount that may be specified in the compounding order. If the applicant does not opt for personal hearing or absents on the day of hearing, Compounding Authority may pass the order based on available information/ documents.
ed in the compounding order. If the applicant does not opt for personal hearing or absents on the day of hearing, Compounding Authority may pass the order based on available information/ documents. 6.3 The Compounding Order shall specify the provisions of the FEMA, 1999 or any rule, regulation, notification, direction, or order issued in exercise of the powers under FEMA, 1999 in respect of which contravention has taken place along with details of the contravention. 6.4 One copy of the compounding order shall be provided to the applicant and another copy shall also be provided to the Adjudicating Authority, where the compounding of
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any contravention is made after making of a complaint under sub- section (3) of section 16 of the FEMA, as the case may be. 6.5 The summary information about the compounding orders passed on or after March 01, 2020, shall be hosted on the Reserve Bank’s website (www.rbi.org.in) in the following format: Sr. No. Name of the Applicant Details of contraventions (provisions of the Act/Regulation/Rules compounded) Date of compounding order Amount imposed for compounding of contraventions
- Payment of the amount for which contravention is compounded.
visions of the Act/Regulation/Rules compounded) Date of compounding order Amount imposed for compounding of contraventions
- Payment of the amount for which contravention is compounded.
7.1 The compounding amount as specified in the compounding order shall be paid by
way of demand draft in favour of the “Reserve Bank of India” or National Electronic
Fund Transfer (NEFT), or Real Time Gross Settlement (RTGS), or such other
permissible electronic or online modes of payment within 15 days from the date of the
order of compounding of such contravention. The manner in which the demand draft
has to be drawn and deposited/ details of bank account for transferring through
electronic mode of payment shall be indicated in the compounding order. It may be
ensured that intimation of payment of amount for which contravention is compounded
shall be made as soon as possible, but not later than 2 hours from time of payment in
the template provided in Para B of Annexure I.
7.2 The provisions of Compounding Rules, 2024, do not confer any right to the
contravener, after a compounding order is passed, to seek to withdraw the order or
to hold that the compounding order is void or request review of the order passed by
the Compounding Authority.
7.3 In case of failure to pay the sum compounded within the time specified in the
compounding order and Compounding Rules, 2024, it shall be deemed that the
contravener had never made an application for compounding of any contravention
under these Rules.
e time specified in the compounding order and Compounding Rules, 2024, it shall be deemed that the contravener had never made an application for compounding of any contravention under these Rules. 7.4 In respect of the contraventions of the FEMA, 1999 which are not compounded by the Compounding Authority, the provisions of the Act for contravention shall apply to such person.
14
7.5 On realization of the sum for which contravention is compounded, a certificate in this regard shall be issued by the Reserve Bank subject to the specified conditions, if any, in the order.
1 Deleted vide A.P Dir series circular No. 02/2025-26 dated April 22, 2025 Prior to deletion it read as Paragraph 5.4.II.v If an applicant against whom a compounding order had been passed earlier and applicant didn’t pay the compounding amount as mentioned in such order and reapplies for compounding of contravention relating to the same transaction, the amount calculated as above may be enhanced by 50% of earlier compounding amount subject to sub-para (i) above. 2 Inserted vide A.P (DIR Series) Circular No. 04 dated April 24, 2025.
ansaction, the amount calculated as above may be enhanced by 50% of earlier compounding amount subject to sub-para (i) above. 2 Inserted vide A.P (DIR Series) Circular No. 04 dated April 24, 2025.
15
Annexure I
A. Bank account details for making payment of compounding application fee and
compounding amount by way of electronic or online mode of payment.
Details of Central office and CO Cell, New Delhi
S.No
RBI’s Office
Account No.
IFSC Code
Email Id
1
Central Office,
Mumbai
4116700100103201 RBIS0MBPA04
fedcocefa@rbi.org.in
2
FED CO Cell, New
Delhi
0616700100103201 RBIS0NDPA01
fedconewdelhi@rbi.org.in
Details of Regional Offices
1
Ahmedabad
0116700100103201
RBIS0AHPA01
fedahmedabad@rbi.org.in
2
Andhra Pradesh
4716700100103201
RBIS0APPA01
fedapro@rbi.org.in
3
Bengaluru
0216700100103201 RBIS0BGPA01
cefablr@rbi.org.in
4
Bhopal
2916700100103201
RBIS0BLPA01
fedbhopal@rbi.org.in
5
Bhubaneswar
0316700100103201
RBIS0BBPA01
fedbhubaneswar@rbi.org.in
6
Chandigarh
1716700100103201 RBIS0CGPA01
fedchandigarh@rbi.org.in
7
Chennai
1116700100103201 RBIS0CNPA01
fedchennai@rbi.org.in
8
Guwahati
0716700100103201 RBIS0GWPA01
fedguwahati@rbi.org.in
9
Hyderabad
0816700100103201 RBIS0NEFTHY
fedhyderabad@rbi.org.in
10
Jaipur
0916700100103201
RBIS0JPPA01
fedjaipur@rbi.org.in
11
Jammu
3016700100103201
RBIS0JMPA01
fedjammu@rbi.org.in
12
Kanpur
1016700100103201
RBIS0KNPA01
fedkanpur@rbi.org.in
13
Kochi
3116700100103201
RBIS0KCPA01
fedrbikochi@rbi.org.in
14
Kolkata
0516700100103201
RBIS0KLPA01
fedjammu@rbi.org.in
12
Kanpur
1016700100103201
RBIS0KNPA01
fedkanpur@rbi.org.in
13
Kochi
3116700100103201
RBIS0KCPA01
fedrbikochi@rbi.org.in
14
Kolkata
0516700100103201
RBIS0KLPA01
fedkolkata@rbi.org.in
15
Mumbai
0416700100103201 RBIS0MBPA04
fedmro@rbi.org.in
16
New Delhi
0616700100103201 RBIS0NDPA01
fednewdelhi@rbi.org.in
17
Panaji
3916700100103201
RBIS0PJPA01
fedpanaji@rbi.org.in
18
Patna
1316700100103201
RBIS0PTPA01
fedpatna@rbi.org.in
16
Annexure I B. Mail to be sent (as soon as possible but not later than 2 hours from the time of payment) to RBI Regional Office / Central office/ CO Cell, New Delhi post making payment of compounding application fee/ compounding amount*. (A copy of the mail sent to RBI office may also be included along with the application form).
SUBJECT: - ……………….(Please provide name of the applicant) - Details of payment made for compounding application fee / compounding amount * through electronic or online mode of payment
Sir/ Madam,
In reference to captioned subject, it is brought to your notice that compounding application fee
amounting to INR 11,800/ compounding amount as specified in Compounding order amounting
to INR …………………………./- has been paid by ………………..(name of the applicant).
Details of the transaction are as below.
a.
Mobile number of applicant/ authorized representative of applicant:
b.
Compounding application reference no.# :
c.
Mode of payment [NEFT/ RTGS/ Others (please specify)]:
d.
Unique Transaction reference (UTR) No.:
e.
Name of A/c holder:
f.
ve of applicant:
b.
Compounding application reference no.# :
c.
Mode of payment [NEFT/ RTGS/ Others (please specify)]:
d.
Unique Transaction reference (UTR) No.:
e.
Name of A/c holder:
f.
A/c No.:
g.
IFSC:
h.
Branch Name:
i.
Bank Name:
j.
Date of payment:
k.
In case of resubmission of application, details of UTR and date of payment of
earlier application fee:
l.
Mode of submission of application (through PRAVAAH/ Physical):
m.
Office of the Reserve Bank (i.e., Central Office, Name of the Regional Office
or FED CO Cell) to which payment was made:
17
In view of the above, you are requested to take the aforesaid compounding application fee/ compounding amount* payment on record.
Regards, XXXXX
- Strike off whichever is not applicable
Compounding application reference no. is the alphanumeric code mentioned in the compounding order and
may only be filled for payment of compounding amount but not for compounding application fee.
18
Annexure I C. Details of RBI Offices for submission of compounding application
S.No
RBI’s Regional Office
Address
1
Ahmedabad
Reserve Bank of India
Near Gandhi Bridge, Ahmedabad, India.
Tel: 079 -27540943/ 27540093
2
Andhra Pradesh
1st Floor and 3rd Floor, 6-1-56, Secretariat Road,
Saifabad, Hyderabad-500004.
Tel: 040-2323 2785
3
Bengaluru
P.B No. 5467, 10/3/8, Nrupathunga Road,
Bengaluru - 560001
Tel: 080-22212789,
4
Bhopal
Hoshangabad Road, P.B. No.32,
Bhopal-462011.
Tel: 0755-2550233
5
Bhubaneswar
Pt. Jawaharlal Nehru Marg, P.B.No.16,
Bhubaneswar - 751001, Odisha,
Tel: 0674-2392800
6
Chandigarh
Central Vista, Sector 17, Chandigarh - 160017.
Tel: 0172-2721071,
7
Chennai
Fort Glacis, No. 16, Rajaji Salai, Chennai -600001
Tel: 044 – 2536 1631
8
Guwahati
Reserve Bank of India,
Pan Bazaar, Station Road, Guwahati- 781001
Tel: 0361-3513072
9
Hyderabad
6-1-56, Secretariat Road, Saifabad,
Hyderabad-500004.
600001 Tel: 044 – 2536 1631 8 Guwahati Reserve Bank of India, Pan Bazaar, Station Road, Guwahati- 781001 Tel: 0361-3513072 9 Hyderabad 6-1-56, Secretariat Road, Saifabad, Hyderabad-500004.
19
Tel: 040-23230863/ 23267300
10
Jaipur
Rambagh Circle, Tonk Road, Jaipur-302004.
Tel: 0141-2563794/ 2577961
11
Jammu
Rail Head Complex, Jammu - 180012.
Tel: 0191-247 0061
12
Kanpur
Reserve Bank of India,
Post Box No. 82/142,
Mahatma Gandhi Road, Kanpur- 208001.
Tel: 0512-2305949
13
Kochi
Banerji Road, Ernakulam North,
Post Box No. 3065, Kochi - 682018.
Tel: 0484-2402911/ 2400985
14
Kolkata
15, N S Road, Kolkata - 700001
Tel: 033-22303299
15
Mumbai
Reserve Bank of India,
Mumbai Regional Office,
Shahid Bhagat Singh Road, Kala Ghoda, Fort,
Mumbai, Maharashtra 400001, India
Tel: 022 - 22704715
16
New Delhi
6, Sansad Marg, New Delhi - 110001.
Tel: 011-23325225
17
Panaji
7th Floor, Gera's Imperium-II
Patto, Panaji - 403001,
Tel: 0832-2467888
18
Patna
South Gandhi Maidan,
Patna - 800001, India.
Tel: 0612-2323291/2323109
Tel: 011-23325225
17
Panaji
7th Floor, Gera's Imperium-II
Patto, Panaji - 403001,
Tel: 0832-2467888
18
Patna
South Gandhi Maidan,
Patna - 800001, India.
Tel: 0612-2323291/2323109
20
Annexure II
Foreign Direct Investment (FDI)
Details to be furnished along with application for compounding of contravention relating
to Foreign Direct Investment in India
• Name of the applicant
• Date of incorporation
• Income-tax PAN
• Nature of activities under taken (Please give NIC code – 1987 / 2008)
• Brief particulars about the foreign investor
• Details of foreign inward remittances received by Applicant Company from date of
incorporation till date
Table A
Sl.No.
Name of
Remitter
Total
Amount (INR)
Date of
Receipt
Reported to RBI
on*
Delay if any
Total
- date of reporting to RBI and not AD
Table B
Name of
Investor
allotment of
Date of
shares
Number of
shares
allotted
Amount for
which shares
allotted
Date of
reporting to
RBI*
Delay if
any
Total
- date of reporting to RBI and not AD
Table C
Sl.
No.
Name of
Remitter
Total
Amount
(INR)
Date of
Receipt
Excess
share
application
money
Date of
refund of
share
Application
money
Amount
in forex
RBI
Approval
letter and
date
Total
ate of
Receipt
Excess
share
application
money
Date of
refund of
share
Application
money
Amount
in forex
RBI
Approval
letter and
date
Total
21
Annexure II
Table D
Authorised Capital
Sl. No. Date Authorised Capital With effect from Date of Board meeting Date of filing with ROC
A= B+C
Please give supporting documents
Table A- Copies of FIRC with date stamp of receipt at RBI
Table B- Copies of FCGPR with date stamp of receipt at RBI
Table C – letter seeking refund/ allotment of shares- approval letter from RBI A2 form
•
Copies of Balance Sheet during the period of receipt of share application money
•
and allotment of shares
•
Nature of contravention and reasons for the contravention
External Commercial Borrowings (ECB)
Details to be furnished along with application for compounding of contravention relating to External
Commercial Borrowing
•
Name of the applicant
•
Date of incorporation
•
Income-tax PAN
•
Nature of activities under taken (Please give NIC code – 1987) •
Brief particulars about
the foreign lender
•
Is the applicant an eligible borrower?
•
Is the lender eligible lender?
•
Is the lender an equity holder?
•
What is the level of his holding at the time of loan agreement?
•
Details of ECB
•
Date of Loan agreement
•
Amount in Foreign Currency and Indian Rupee
•
Rate of interest
•
Period of loan
•
Repayment particulars
Date of draw
down
Amount in Foreign
ails of ECB
•
Date of Loan agreement
•
Amount in Foreign Currency and Indian Rupee
•
Rate of interest
•
Period of loan
•
Repayment particulars
Date of draw
down
Amount in Foreign
Currency
Amount in
INR
•
Details of draw down
•
Details of LRN Number- application and receipt
•
Details of ECB 2 returns submitted; Period of return: Date of submission
•
Details of Utilization of ECB in Foreign Currency and Indian Rupee
22
Annexure II
•
Nature of contravention and reasons for the contravention
•
All supporting documents may be submitted
Overseas Direct Investment (ODI)
Details to be furnished along with application for compounding of contravention relating to
Overseas Investment
•
Name of the applicant
•
Date of incorporation
•
Income-tax PAN
•
Nature of activities under taken (Please give NIC code – 1987)
•
Name of Overseas entity
•
Date of incorporation of overseas entity
•
Nature of activities under taken by overseas entity
•
Nature of entity- WOS/JV
•
Details of remittance sent- Date of remittance; Amount in FCY and in INR
•
Details of other financial Commitment
•
Details of UIN applied and received
•
Date of receipt of share certificate
•
Approval of other regulators if required
•
Details of APRs submitted: For the period ended;
ncial Commitment
•
Details of UIN applied and received
•
Date of receipt of share certificate
•
Approval of other regulators if required
•
Details of APRs submitted: For the period ended; date of submission
•
Nature of contravention and reasons for the contravention
•
All supporting documents may be submitted
Branch Office / Liaison Office
Details to be furnished along with application for compounding of contravention relating
to Branch/Liaison Office in India
•
Name of the applicant
•
Date of incorporation
•
Income-tax PAN
•
Nature of activities under taken (Please give NIC code – 1987)
•
Date of approval for opening of Liaison Office/ Branch Office
•
Validity period of the approval
•
Income and expenditure of the LO/BO
•
Dates of submission of Annual activity Certificates
•
Nature of contravention and reasons for the contravention
•
All supporting documents may be submitted.
23
Annexure III
UNDERTAKING
(On the letterhead of the applicant)
-
I/We
(Name of the applicant) hereby confirm/declare that I/we
am/are not under any enquiry/investigation/adjudication by Directorate of Enforcement, as on the date of this application. -
I/We
(Name of the applicant) hereby confirm/declare that I/we
am/are not under any enquiry/investigation/adjudication by Directorate of Enforcement, as on the date of this application.
I/We further undertake to inform to the Compounding Authority / Reserve Bank of India immediately, in writing, if any enquiry/investigation/adjudication proceedings are initiated by the Directorate of Enforcement against me/us at any time hereafter but on or before the date of issuance of the compounding order in respect of the compounding application filed by me/us.’
OR
*I/We
(Name of the applicant) hereby confirm/declare that I/we
am/are or was/were under enquiry/investigation/adjudication by Directorate of Enforcement, and
the details are given in the Annex.
I/We further undertake and confirm that no adjudication order has been passed by the Adjudicating Authority in respect of the contraventions for which this compounding application is being submitted. I/We further undertake to inform to the Compounding Authority / Reserve Bank of India immediately, in writing, if any such order is passed at any time hereafter but on or before the date of issuance of the compounding order in respect of the compounding application filed by me/us.
( * Strike out one)
Signature of the authorised signatory
ereafter but on or before the date of issuance of the compounding order in respect of the compounding application filed by me/us.
( * Strike out one)
Signature of the authorised signatory
24
Appendix
List of Rules/ A.P. (DIR Series) Circulars consolidated.
S.No Rules Date 1 Foreign Exchange (Compounding Proceedings) Rules, 2024 September 12, 2024
S.No A.P (DIR Series) Circular Date 1 A.P. (DIR Series) Circular No. 17 October 01, 2024 2 A.P. (DIR Series) Circular No. 02 April 22, 2025 3 A.P.(DIR Series) Circular No. 04 April 24, 2025
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