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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Provisions of Foreign Exchange Management Act. This is exactly the reason why a conversation will likely be digference inside the subsequent hints to complicated their own meaning and forms. If you do not wish to log-out, choose ‘Let me continue’.

Your email address will not be published. FERA is a non-compoundable offense, which means that the complainant cannot enter into a compromise and drop the case against the accused. The Beteen Exchange Regulation Act is an act of parliament that was introduced in with the aim of controlling and managing foreign payments, purchase of fixed assets to foreigners, and the export and import of currency from and in India.

There is no need to resubmit your comment. Conversely, the punishment for violating the provisions of Differencr is a monetary penalty, which may turn into imprisonment if the fine is not paid on time.

Tuesday 1 Jan PAN of the Business. Now, the restrictions on withdrawal of Foreign Exchange for the purpose of current Account Transactions, has been removed. It was approved by the Parliament in Moreover, any offence under FERA was a criminal offence liable to imprisonment. The act is so elaborate and exhaustive such that it covers all citizens of India who are living inside or outside India.


FERA did not contain any express provision on the right of on impleaded person to take legal assistance. Withdrawal of Foreign Exchange. Comparison table for FERA vs.

It classified the foreign exchange transactions in two categories, viz. FEMA has the responsibility of ensuring that there is the orderly management of foreign exchange market in the country. Other notable differences between the two acts include an approach to forex, violation, and punishment, the basis for residential status, and purpose among others. In FERA, contravention has been announced to be a crime in resistance to regulations and has been compoundable.

FEMA expressly recognizes the right of appellant to take assistance of legal practitioner or chartered accountant All About Income Tax Act. It aimed at conserving foreign currency and its optimum utilisation for the development of the economy.

Difference Between FERA and FEMA

Notify me of followup comments via e-mail. The basis for determining residential status in both acts shows significant levels of differences. The character of those legal pointers differennce 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. As per this law; a person who is living in India from last 6 months can be considered as an Indian.

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What are the differences between FERA and FEMA?

It applies to all branches, offices and agencies outside India owned or controlled by a person, who is a resident of India and also to any contravention there under committed outside India by two people whom this Act applies. On one opposite element, the FEMA is made for that primary intention of aiding the surface trade along with capital.


The definition of Authorized person has been widened to include differsnce, money changes, off shore banking Units etc. The act came into force, to regulate inflow and outflow of foreign currency, foreign payments, securities and purchase of fixed assets by the foreigners. 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.

FERA consisted of 81 sections, and was more complex.

The act has a large number of sections 81which portrays how detailed and exhaustive the law is. Leave a Response Cancel Reply Name required. Foreign exchange position was satisfactory. But FEMA makes offences relating to foreign civil offences.

It had a controversial 27 years stint during which many bosses of the Indian corporate world found themselves at the mercy of the Enforcement Directorate. Under FERA, only “citizenship” was a criterion to conclude the residential status of a person.

Click here New User? The main objective of the act is to facilitate foreign trade and to encourage systematic development and maintenance of forex market in the country.

The Reserve Bank of India and central fmea would continue to be the regulatory bodies. If you continue to use this site we will assume that you are happy with it. The primary purpose of FEMA is to regulate and facilitate foreign exchange while at the same time encouraging the development of forex market in the country. If anyone found guilty of FERA violation; there was a provision of punishment directly.