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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.

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This act is a civil law and the contraventions of the Act provide for arrest only in exceptional cases.

It aims to manage foreign exchange more efficiently rather than conserving it. Therefore, all the citizens of the country, inside or outside India are covered under this act.

FERA applied to the citizens of India and was enacted at a time when the foreign exchange of the country was experiencing challenges while FEMA applied to persons staying in India for more than six months. This means that FERA was a countermeasure that came into force to liberate the country from foreign exchange challenges.

User assumes all risk of use, damage, or injury. It had a controversial 27 years stint during which many bosses of the Indian corporate femma found themselves at the mercy of the Enforcement Directorate. There is minimal uncertainty the execution of these legal pointers is equally essential for just about every society.

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What are the differences between FERA and FEMA?

Therefore a person who qualifies to be a non-resident under the income Tax Act, will also betwwen considered a non-resident for the purposes of application of FEMA, but a person who is considered an 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.

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It is consistent with full current account convertibility and contains provisions for progressive liberalisation of capital account transactions. The act has a large number of sections betweeenwhich portrays how detailed and exhaustive the law is. It extends to the whole of India.

FERA consisted of 81 sections, and was more complex.

Difference between FERA and FEMA – Difference Between

FEMA has also by and large removed the restrictions on transactions in foreign Exchange on account of trade in goods, services except for retaining certain enabling provisions for the Central Government to impose reasonable restriction in public interest.

It promotes more liberal form of economy. Under FERA, only “citizenship” was a criterion to conclude difderence residential status of a person. The act is so elaborate and exhaustive such that it covers all citizens of India who are living inside or outside India.

FEMA came into act on 1st of June 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 differnce overseas alternative current market in India.

Imprisonment is prescribed only when one fails to pay the penalty. FEMA extends to the whole of India. After you affirm that the Indian legislation, you may possibly have to understand just two phrases have been found proper directly here that may be extremely complicated commonly known whilst both the FERA and FEMA. It was approved by the Parliament in You must be logged in to post a comment. In addition to this, FEMA aims to promote foreign payments, export of the country and promote foreign capital and investment in the diffference to promote holistic development of India.

Fine or imprisonment if the person does not deposit the prescribed penalty within 90 days from the date of conviction. The intention of FEMA will be always to produce likely peripheral supplies with all the capital along with continuance of foreign alternative current market in India.


It was formulated and implemented to increase efficiency and effectiveness in the foreign exchange market. It specifically deals with possession and retention of foreign currency and includes all kinds of foreign securities and immovable property. Legal Name of the entity. On one opposite element, the FEMA is made for that primary intention of aiding the surface trade along with capital. Moreover, any agency that is managed by femw resident of India is also subjected to requirements of FEMA.

This means that any person performing foreign exchange transactions for less than differnece months is not subjected to foreign exchange management act. FEMA is considered to be a flexible act that incorporates other measures towards the management and control of the difference exchange market. Approach towards forex transactions Rigid Flexible Basis for determining residential status Citizenship More than 6 months stay in India Violation Criminal offence Civil offence Punishment for contravention Imprisonment Fine or imprisonment if fine not paid in the stipulated time.

Tuesday 1 Jan FEMA ffra the responsibility of ensuring that there is the orderly management of foreign exchange market in the country. Leave a Reply Cancel reply Your email address will not be published. Leave a Reply Click here to cancel reply.

It aimed feera conserving foreign currency and its optimum utilisation for the development of the economy. If you continue to use this site we will assume that you are happy with it. FERA is a non-compoundable offense, which means that the complainant cannot enter into a compromise and drop the case against the accused.