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Core Purpose

The Reserve Bank of India issues the Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) (Amendment) Regulations, 2026, to amend the Principal Regulations of 2019.

Detailed Summary

The Reserve Bank of India, Foreign Exchange Department, Central Office, issued Notification No. FEMA. 395(4)/2026-RB on June 13, 2026, in exercise of powers conferred by Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999). These regulations, titled the Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) (Amendment) Regulations, 2026, amend the Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) Regulations, 2019 (Notification No. FEMA.395/2019-RB dated October 17, 2019), referred to as the Principal Regulations. The amendments come into force from the date of their publication in the Official Gazette. Specifically, Regulation 3.1 of the Principal Regulations is amended for Schedule III, detailing mode of payment and remittance of sale proceeds for investments by individual persons resident outside India, including Non-Resident Indians (NRIs) or Overseas Citizens of India (OCIs), on a repatriation basis. Payments must be inward remittances through banking channels or from repatriable deposit accounts under the Foreign Exchange Management (Deposit) Regulations, 2016; a designated repatriable rupee account is required. National Pension System (NPS) subscriptions by NRIs/OCIs can also use repatriable foreign currency or rupee accounts or NRO accounts. Sale proceeds (net of taxes) for equity instruments, mutual fund units, and NPS subscriptions can be remitted outside India or credited to relevant accounts. Furthermore, amendments to Regulation 3.1 for Schedule XI address the mode of payment and remittance of sale proceeds for the purchase or subscription of equity shares of Indian companies listed on International Exchanges Scheme by Permissible Holders. Payments can be through banking channels to a foreign currency account of the Indian company under the Foreign Exchange Management (Foreign currency accounts by a person resident in India) Regulations, 2015, or as inward remittance from abroad or from repatriable foreign currency/rupee accounts under the Foreign Exchange Management (Deposit) Regulations, 2016. Sale proceeds (net of taxes) can be remitted outside India or credited to the permissible holder's bank account. Finally, sub-regulation (9) of Regulation 4 of the Principal Regulations is substituted, requiring designated Authorised Dealer Category I banks to report the purchase or transfer of equity instruments by individual persons resident outside India, including NRIs or OCIs, on Indian stock exchanges to the Reserve Bank in Form LEC (IFI). The Principal Regulations were previously amended by Notification no. FEMA 395(1)/2020-RB dated June 15, 2020, Notification no. FEMA 395(2)/2024-RB dated April 19, 2024, and Notification No. FEMA 395(3)/2025-RB dated January 15, 2025.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-MH-E-13062026-273444 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 398] NEW DELHI, SATURDAY, JUNE 13, 2026/JYAISTHA 23, 1948 4295 GI/2026 RESERVE BANK OF INDIA (Foreign Exchange Department) (CENTRAL OFFICE) NOTIFICATION Mumbai, the 13th June, 2026 Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) (Amendment) Regulations, 2026 No. FEMA. 395(4)/2026-RB.— In exercise of the powers conferred by Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), the Reserve Bank of India hereby makes the following amendments to the Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) Regulations, 2019 [Notification No. FEMA.395/2019-RB dated October 17, 2019] (hereinafter referred to as 'the Principal Regulations) namely:- 1. Short Title & Commencement (i) These Regulations may be called the Foreign Exchange Management (Mode of Payment and Reporting of Non- Debt Instruments) (Amendment) Regulations, 2026. (ii) They shall come into force from the date of their publication in the Official Gazette. 2. In the principal regulations, in regulation 3.1, for the existing provision at Sl. No. III and X, the following shall be substituted, namely: +-------------------------------------------------+--------------------------------------------------------------------------------------------------------------------+ | Schedule of the Rules | Instructions on Mode of payment and Remittance of sale proceeds | +=================================================+====================================================================================================================+ | III. Schedule III | A. Mode of Payment | | | | | (Investments by an individual person resident | (1) The amount of consideration shall be paid as inward remittance from abroad | | outside India including Non-Resident Indian | through banking channels or out of funds held in any repatriable deposit account | | (NRI) or Overseas Citizen of India (OCI) on | maintained in accordance with the Foreign Exchange Management (Deposit) | | repatriation basis) | Regulations, 2016. | | | | | | (2) A repatriable rupee account maintained in accordance with the Foreign | | | Exchange Management (Deposit) Regulations,2016, shall be designated by an | | | individual person resident outside India and the same shall be used exclusively | | | for investments permitted under this Schedule. | | | | | | (3) Subscription to National Pension System by NRIs/OCIs shall be paid as | | | inward remittance from abroad through banking channels or out of funds held in | | | any repatriable foreign currency or rupee account or NRO account, maintained | | | in accordance with the Foreign Exchange Management (Deposit) | | | Regulations, 2016. | | | | | | B. Remittance of sale proceeds | | | | | | (1) The sale proceeds (net of taxes) of equity instruments may be remitted outside | | | India or may be credited to designated rupee account of the person concerned. | | | | | | (2) The sale proceeds (net of taxes) of units of mutual funds and subscription to | | | National Pension System by NRIs/OCIs may be remitted outside India or, may | | | be credited to any accountmaintained in accordance with the Foreign Exchange | | | Management (Deposit) Regulations, 2016at the option of the NRI/OCI investor. | +-------------------------------------------------+--------------------------------------------------------------------------------------------------------------------+ | X. Schedule XI | A. Mode of Payment | | (Purchase or Subscription of Equity Shares of | (1) The amount of consideration for purchase / subscription of equity shares of | | Companies Incorporated in India on International| an Indian company listed on an International Exchange shall be paid, - | | Exchanges Scheme by Permissible Holder) | | | | (i) through banking channels to a foreign currency account of the Indian | | | company held in accordance with the Foreign Exchange Management | | | (Foreign currency accounts by a person resident in India) Regulations, | | | 2015, as amended from time to time; or | +-------------------------------------------------+--------------------------------------------------------------------------------------------------------------------+ (ii) as inward remittance from abroad through banking channelsor out of funds held in any repatriable foreign currency or rupee account maintained in accordance with the Foreign Exchange Management (Deposit) Regulations, 2016 Explanation: The proceeds of purchase / subscription of equity shares of an Indian company listed on an International Exchange shall either be remitted to a bank account in India or deposited in a foreign currency account of the Indian company held in accordance with the Foreign Exchange Management (Foreign currency accounts by a person resident in India) Regulations, 2015, as amended from time to time. B. Remittance of sale proceeds The sale proceeds (net of taxes) of the equity shares may be remitted outside India or may be credited to the bank account of the permissible holder maintained in accordance with the Foreign Exchange Management (Deposit) Regulations, 2016. 3. Amendment to Regulation 4 of the Principal Regulations In sub-regulation (9) of Regulation 4 of the Principal Regulations, the existing provision shall be substituted by the following, namely: "LEC(Individual Foreign Investor - IFI): The designated Authorised Dealer Category I banks shall report to the Reserve Bank in Form LEC (IFI) the purchase / transfer of equity instruments by an individual person resident outside India including Non-Resident Indians or Overseas Citizens of India on stock exchanges in India". ROHIT P. DAS, Regional Director [ADVT.-III/4/Exty./167/2026-27] Foot Note: The Principal Regulations were published in the Official Gazette of Government of India vide G.S.R.No.795(E) dated 17.10.2019 in Part II, Section 3, sub-Section (i) and subsequently amended, vide: 1. Notification no. FEMA 395(1)/2020-RB [Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) (Amendment) Regulations, 2020] dated June 15, 2020, published in the Gazette of India [Extraordinary, Part III–Section 4], vide Gazette ID CG-MH-E-19062020-220016 dated 18.06.2020. 2. Notification no. FEMA 395(2)/2024-RB [Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) (Amendment) Regulations, 2024] dated April 19, 2024, published in the Gazette of India [Extraordinary, Part III–Section 4], vide Gazette ID CG-MH-E-23042024-253830 dated 23.04.2024. 3. Notification No. FEMA 395(3)/2025-RB [Foreign Exchange Management (Mode of Payment and Reporting of Non- Debt Instruments) (Third Amendment) Regulations, 2025] dated January 15, 2025 published in the Gazette of India [Extraordinary, Part III-Section 4], vide Gazette ID CG-MH-E-15012025-260259 dated 15.01.2025. 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. SARVESH KUMAR RUMAR SAVASTAVA SRIVASTAVA ned by SARVESH Date: 2026.06.13 18:04:49 +0530

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