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Core Purpose

The Reserve Bank of India issues the Foreign Exchange Management (Cross Border Merger) (Amendment) Regulations, 2026, to amend the Foreign Exchange Management (Cross Border Merger) Regulations, 2018.

Detailed Summary

This notification, issued by the Reserve Bank of India (Foreign Exchange Department) on May 29, 2026, and published in the Official Gazette on June 2, 2026, introduces the Foreign Exchange Management (Cross Border Merger) (Amendment) Regulations, 2026, under the powers conferred by section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999). These amendments modify the Foreign Exchange Management (Cross Border Merger) Regulations, 2018 (Notification No. FEMA.389/2018-RB dated March 20, 2018), referred to as 'the Principal Regulations'. Specifically, clause (vii) of regulation 2 is omitted, and a new clause (iia) is inserted, defining 'Competent Authority' as any authority empowered under the Companies Act, 2013, or subordinate legislation to approve merger or amalgamation schemes. Furthermore, in regulations 4, 5, 7, and 9 of the Principal Regulations, the word "NCLT" is replaced with "Competent Authority" wherever it occurs. The Principal Regulations were originally published in the Official Gazette vide G.S.R. No. 244(E) dated March 20, 2018.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-MH-E-05062026-273167 EXTRAORDINARY PART III-Section 4 PUBLISHED BY AUTHORITY No. 372] NEW DELHI, TUESDAY, JUNE 2, 2026/JYAISTHA 12, 1948 RESERVE BANK OF INDIA (Foreign Exchange Department) (CENTRAL OFFICE) NOTIFICATION Mumbai, the 29th May, 2026 Foreign Exchange Management (Cross Border Merger) (Amendment) Regulations, 2026 No. FEMA 389(1)/2026-RB. -In exercise of the powers conferred by section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), the Reserve Bank makes the following amendment in the Foreign Exchange Management (Cross Border Merger) Regulations, 2018 (Notification No. FEMA.389/2018-RB dated March 20, 2018) (hereinafter referred to as 'the Principal Regulations'), namely:- 1. Short title and commencement: (1) These regulations may be called the Foreign Exchange Management (Cross Border Merger) (Amendment) Regulations, 2026. (2) They shall come into force with effect from the date of their publication in the Official Gazette. 2. Amendment to regulation 2: In the Principal Regulations, in regulation 2, – (i) the clause (vii) shall be omitted; (ii) after the clause (ii), the following clause shall be inserted, namely – "(iia) 'Competent Authority' means any authority empowered under the Companies Act, 2013 or any subordinate legislation made thereunder to approve a scheme of merger or amalgamation;". 3. Amendment to regulations 4, 5, 7 and 9: In the Principal Regulations, in regulations 4, 5, 7 and 9 for the word "NCLT”, wherever it occurs, the words "Competent Authority" shall be substituted. Dr. ADITYA GAIHA, Chief General Manager-in-Charge [ADVT.-III/4/Exty./142/2026-27] Foot Note: The Principal Regulations were published in the Official Gazette vide G.S.R. No. 244(E) dated March 20, 2018 in Part II, Section 3, Sub-Section (i) (Published on March 23, 2018) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. Digitally signed by KUMER CHAND KUMER CHAND MEENA MEENA Date: 2026.06.05 11:46:32 +05'30°

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