Legal Question in Banking Law in India
Is it necessary for a foreign director of an indian company to seek approval of rbi prior to transferring funds into the indian company's bank account from the foreign bank account?
3 Answers from Attorneys
May depend upon host of factors not disclosed here. You should consult your bank for appropriate advice.
yes, as per the RBI guidelines, it is necessary to seek prior approval from RBI before such transfer is made. there is a particular form for such kinda transaction.
In these matters, it is better to check with RBI FEMA circulars and Regulations. As long as the funds are transferred through approved bank channel to the Indian Bank and entity, my prima facie view is that it is generally permitted by RBI and may not require prior approval. As the guidelines and circulars are changing day by day, it is advisable to go to the RBI website and study the present position and follow it.
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