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F.E.M. (Deposit) Regulations, 2000 

 

Pg. 2

5.

Acceptance of deposits by an authorised dealer/ authorised bank from persons resident outside India :-

 

(1)

An authorised dealer in India may accept deposit

i)

under the Non-Resident (External) Account Scheme(NRE account), specified in Schedule 1 , from a non-resident Indian [***]5

ii)

under the Foreign Currency (Non-Resident) Account Banks Scheme,(FCNR-B account), specified in Schedule 2, from a non-resident Indian [***]5

iii)

under the Non-Resident (Ordinary) Account Scheme, (NRO account), specified in Schedule 3, from any person resident outside India;

iv)

[***]5

v)

[***]5

(2)5

Without prejudice to sub-regulation (1), deposits under NRE, NRO and NRSR Account Schemes referred to in  [clauses (i), and  (iii)]   of that sub-regulation, may also be accepted by an authorised bank, in accordance with the provisions contained in the respective Schedules.  

(2A)5

Non-resident acquirers may, subject to the terms and conditions specified in Schedule 8, open, hold and maintain Escrow Account and Special Account with Authorised Dealers in India without prior approval of the Reserve Bank, for acquisition / transfer of shares / convertible debentures through open offers / delisting / exit offers, subject to the relevant Security Exchange Board of India (SAST) Regulations or any other applicable Security Exchange Board of India Regulations / provisions of the Companies Act, 1956.'

5(3)

(a)

On and from 1st April 2002,  

i)

no deposit, whether by way of renewal of existing deposit or otherwise, shall be accepted under the Non-Resident (Non-Repatriable) Rupee Account Scheme (NRNR Account) or the Non-Resident (Special) Rupee Account Scheme (NRSR Account);

ii)

existing deposits under the NRNR Account Scheme may be continued only upto the date of maturity;

iii)

on maturity of the existing deposit under the NRNR Account Scheme, the maturity proceeds shall be credited to the accountholder’s Non-Resident (External) Account (NRE Account), after giving notice to the account holder.

(b) i)

the existing account in the form of a term deposit of the NRSR Account Scheme may be continued till the date of maturity.

ii)

on maturity of the existing term deposit under the NRSR Account Scheme, the maturity proceeds shall be credited to the accountholder’s Non-Resident (Ordinary) Account (NRO Account).

iii)

existing NRSR account, other than a term deposit, shall not be continued after 30th September 2002 and may at the option of the account holder, be closed or the balance therein credited to his NRO account on or before that date.

Explanation -  for the purpose of this sub-regulation, "existing deposit", or "existing account" means a deposit or an account held on 31st March, 2002.

6.

Other deposits made or held by authorised dealer.

 

A deposit made by an authorised dealer with his branch, head office or correspondent outside India, and a deposit made by a branch or correspondent outside India of an authorised dealer, and held in his books in India, shall be governed by the directions issued by the Reserve Bank in this regard from time to time.

  7.

Acceptance of deposits by persons other than authorised dealer/ authorised bank.

7

(1)  A company registered under Companies Act, 1956 or a body corporate created under the Act of Parliament or State Legislature shall not accepted deposits on repatriation basis from a non-resident Indian.

7

(2) A company registered under Companies Act, 1956 or a body corporate created under the Act of Parliament or State Legislature may renew the deposits which had been accepted on repatriation basis from a non-resident Indian subject to terms and conditions mentioned in Schedule 6.

7

(3) A company registered under Companies Act, 1956 or a body corporate a proprietary concern or a firm in India may accept deposits from a non-resident Indian on non-repatriation basis, subjected to the terms and conditions mentioned in Schedule 7.

8.

Deposits in certain other cases.

 

1)

Subject to compliance with the conditions in regard to raising of external commercial borrowings or raising of resources through American Depository Receipts (ADRs) or Global Depository Receipts (GDRs), the funds so raised may, pending their utilisation or repatriation to India, be held in deposits in foreign currency accounts with a bank outside India.

 

2)

Deposits accepted by an Indian company by issue of Commercial Paper to a Non-Resident Indian 8 [or a Foreign Institutional Investor registered with the Securities and Exchange Board of India] [***]8 shall be subject to the following conditions, namely:

 

 

a)

the issue is in due compliance with the Non-Banking Companies (Acceptance of Deposits through Commercial Paper) Directions, 1989 issued by the Reserve Bank as also any other law, rule, directions, orders issued by the Government or any other regulatory authority, in regard to acceptance of deposits by issue of Commercial Paper;

 

 

b)

payment for issue of Commercial Paper is received by the issuing company by inward remittance from outside India through normal banking channels or out of funds held in a deposit account maintained by a Non-Resident Indian [***]8 in accordance with the Regulations made by Reserve Bank in that regard;

 

 

c)

the amount invested in Commercial Paper shall not be eligible for repatriation outside India; and

 

 

d)

the Commercial Paper shall not be transferable.

9.

Acceptance of deposits by authorised dealer with the prior approval of Reserve Bank.

 

With the prior approval of Reserve Bank, an authorised dealer may open an account expressed in foreign currency in the name  of a person resident outside India for the purpose of adjustment of value of goods imported into India against the value of goods exported from India in terms of an arrangement voluntarily entered into by such person with a person resident in India.

10.

Nomination.

 

Authorised dealers may provide nomination facility in respect of the following deposit accounts:

 

a)

accounts maintained by individual account holders under the NRE, FCNR(B), NRO, NRNR and NRSR Account Schemes; and

 

b)

accounts maintained by diplomatic personnel under sub-regulations (1),(2) and (3) of Regulation 4.

 

SCHEDULE 1

[See Regulation 5(1)(i)]

Non-Resident (External) Rupee Account Scheme  

1.

Eligibility.

The Non-resident Indians (NRIs) [***]1 are permitted to open and maintain these accounts with authorised dealers, and with banks (including cooperative banks) authorised by the Reserve Bank to maintain such accounts.

The account should be opened by the non-resident account holder himself and not by the holder of the power of attorney in India.

 

Note:  

Opening of NRE accounts in the names of individuals/entities of Bangladesh/Pakistan nationality/ownership requires approval of Reserve Bank.

2.

Types of accounts.

The accounts may be maintained in any form, e.g. savings, current, recurring or fixed deposit account etc.

3.

Permitted Credits.

a)

Proceeds of remittances to India in any permitted currency.

b)

Proceeds of personal cheques drawn by the account holder on his foreign currency account and of travellers cheques, bank drafts payable in any permitted currency including instruments expressed in Indian rupees for which reimbursement will be received in foreign currency, deposited by the account holder in person during his temporary visit to India, provided the authorised dealer/bank is satisfied that the account holder is still resident outside India, the travellers' cheques/drafts are standing/endorsed in the name of the account holder and in the case of travellers' cheques, they were issued outside India.

c) 

Proceeds of foreign currency/bank notes tendered by account holder during his temporary visit to India, provided (i) the amount was declared on a Currency Declaration Form (CDF)Form  where applicable, and (ii) the notes are tendered to the authorised dealer in person by the account holder himself and the authorised dealer is satisfied that account holder is a person resident outside India.

d)

Transfers from other NRE/FCNR accounts.

e)

Interest accruing on the funds held in the account.

f)

Interest on Government securities and dividend on units of mutual funds, provided the securities/units were purchased by debit to the account holder's NRE/FCNR account or out of inward remittance through normal banking channels.

g)

Maturity proceeds of Government securities including National Plan/Savings Certificates as well as proceeds of Government securities and units of mutual funds sold on a recognised stock exchange in India and sale proceeds of units received from mutual funds, provided the securities/units were originally purchased by debit to the account holders's NRE/FCNR account or out of remittances received from outside India in free foreign exchange.

h)

Refund of share/debenture subscriptions to new issues of Indian companies or portion thereof, if the amount of subscription was paid from the same account or from other NRE/FCNR account of the account holder or by remittance from outside India through normal banking channels.

i)3

Refund of application / earnest money / purchase consideration made by the house building agencies / seller on account of non-allotment of flat / plot / cancellation of bookings / deals for purchase of residential / commercial property, together with interest, if any (net of income tax payable thereon), provided the original payment was made out of NRE / FCNR account of the account holder or remittance from outside India through normal banking channels and the authorised dealer is satisfied about the genuineness of the transaction.

j)

Any other credit if covered under general or special permission granted by Reserve Bank.

 

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