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Liability under Section 42 of FEMA: The Principle of 'Strict Liability' and the Absence of Mens Rea
Introduction In criminal law, the golden rule is Actus non facit reum nisi mens rea sit rea —the act does not make a person guilty unless the mind is also guilty. But does this protection extend to the boardroom when dealing with foreign exchange violations?The answer, as analyzed in our latest deep-dive, is a resounding No . Foreign Exchange Management Act, 1999 (FEMA), as an economic statute, operates on the principle of Strict Liability. FEMA serves as the cornerstone of I
Jayasimha Pasumarti
5 days ago5 min read
The "Non-Cash" Trap — Why Corporate Equity-for-Exports is a Regulatory Minefield which warrants cost-benefit analysis
In the global services landscape, Indian companies are frequently offered equity stakes by foreign clients in lieu of cash fees. While this sounds like a strategic path to global expansion, for an Indian Private Limited company, it creates a "compliance knot" that spans FEMA, GST, and Income Tax. Let’s examine the case of ABC Tech Solutions Pvt. Ltd. (ATS) , an Indian software firm, to understand why these deals often collapse under regulatory weight. The Scenario: The Eq
Jayasimha Pasumarti
Apr 13 min read
FEMA and Virtual Assets: Regulatory Clarity for Cross-Border Crypto Transactions
As India’s digital economy surges, virtual digital assets (VDAs) like cryptocurrencies have gained significant traction. However, their...
Jayasimha Pasumarti
Sep 7, 20255 min read


The Unspoken Rule of FEMA: A Judgment That Puts Actions First - Is the 182 day rule, a deciding factor for residency?
A recent judgment by the Appellate Tribunal SAFEMA, New Delhi, in the case of Pradeep Mishra v. Special Director, Directorate of...
Jayasimha Pasumarti
Sep 7, 20254 min read
The Silent Hurdle: Are Indian SaaS Startups Truly FEMA-Compliant?
A Critical Look Beyond Product-Market Fit in the Global Tech Race Indian SaaS companies are globally recognised powerhouses, disrupting...
Jayasimha Pasumarti
Aug 1, 20254 min read
India's NDI Rules Amendment: Unlocking Bonus Share Issuances for Foreign Investors in Restricted Sectors
The landscape of foreign investment in India continues to evolve, and the latest amendment to the Foreign Exchange Management (Non-debt...
Jayasimha Pasumarti
Jun 18, 20254 min read
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