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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But FEMA makes offences relating to foreign civil offences. Provisions of Foreign Exchange Management Act. This activity directly referred into the capacities of multi national businesses working in India.

In contrast violation of FEMA is a compoundable offence and the charges can be removed. The main purpose of FERA was going to protect and deterrence of mishandling of overseas alternative. The accused was considered guilty as soon as the lawsuit was filed and he had to prove that he is innocent. As per this law; a person who is living in India from last 6 months can be considered as an Indian. If you continue to use this site we will assume that you are happy with it.

The definition of Authorized person has been widened to include banks, money changes, off shore banking Units etc. 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.

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. Violation of FERA is a non-compoundable offence in the eyes of law. For FERA, the citizenship of a person is the basis for deciding the residential status of the person.

Your email address will not be published. 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.


Difference Between FERA and FEMA (with Comparison Chart) – Key Differences

The FERA was passed in at a time when there was acute shortage of foreign exchange in the country. There is no need to resubmit your comment. Leave a Response Cancel Reply Name required. Moreover, any offence under FERA was a criminal offence liable to imprisonment. This statute was enacted in Imprisonment is fdma only when one fails to pay the penalty.

Additionally, FEMA is short with 49 sections, which are not detailed or restrictive. FERA was set up with main objective of conservation of foreign exchange however Bdtween was set up with main objective of management of foreign exchange. 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.

The primary purpose of FEMA is to regulate and facilitate foreign exchange while gema the same time encouraging the development of forex market in the country. The main involving those 2 efra is the main aim as FERA has been manufactured in a bid to guard and forestall abuse of overseas alternative.

It was approved by the Parliament in Moreover, any agency that is managed by a resident of India is also subjected to requirements of FEMA. You must be logged in to post a comment. FERA executes and controls foreign exchange transactions quietly and conservatively, which do many foreign exchange experts as restrictive consider.

New Challenges before the Monetary Authority of India. The Reserve Bank of India and central government would continue to be the regulatory bodies. FEMA had become the need of the hour to support the pro- liberalisation policies of the Government of India. It extends to the whole of India. FERA was formulated with an assumption that foreign exchange is a scarce resource and hence must be protected and used with great care however FEMA was formulated with assumption that foreign exchange is an asset and must be properly managed.

The Foreign Exchange Management Act was formulated and implemented when the foreign exchange reserve of India was satisfactory. It was implemented to regulate foreign payments and to ensure optimum use of foreign currency in India. The character of those legal pointers would be wholly entirely entirely distinctive from eachother on consideration of this FERA has been a law enforcement legislation, yet the nature of this FEMA civil legislation is civil.


This information is updated till 08 October FEMA do not view outflow of foreign exchange as an evil act however it rather works to factor it out to manage the process of foreign exchange.

Difference between FERA and FEMA

FEMA extends to the whole of India. Notify me of followup comments via e-mail. FEMA has the responsibility of ensuring that there is the orderly management of foreign exchange market in the country. FEMA an act initiated to facilitate external trade differeence payments and to promote orderly management of the forex market in the country.

Even the Enactment of all FEMA similarly started with all the prevention of money laundering behave where as the elderly sentences are dropped outside in fresh enactment. This means that any person who is citizenship is subjected to all the provisions of the foreign exchange regulation act.

It aims to manage foreign exchange more efficiently rather than conserving it. PAN of the Business.

FERA consisted of 81 sections, and brtween more complex. Now, the restrictions on withdrawal of Foreign Exchange for the purpose of current Account Transactions, has been removed.

It promotes more liberal form of economy. Any attempt to act against the provisions of FEMA eifference a monetary penalty, which may change to imprisonment if the accused fails to pay the financial penalty on time. If anyone found guilty of FERA violation; there was a provision of punishment directly. The economic policy of liberalisation was first time introduced in India in the year that opened gates for foreign investment in many sectors. Under the FEMA, provisions related to foreign exchange have been modified and liberalised so as to simplify foreign trade and payments.

It aimed at conserving foreign exchange and its optimum utilisation in the development of the economy.