Which of the following acts provides the regulations for 'Transfer or issue of security by a person living outside India'? 

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UP Police SI (दरोगा) Official PYP (Held On: 21 Nov 2021 Shift 2 )
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  1. Foreign Contribution (Regulation) Act (FCRA)
  2. Foreign Contribution (Regulation) Act
  3. Securities and Exchange Commission Act (SEC)
  4. Foreign Exchange Management Act (FEMA)

Answer (Detailed Solution Below)

Option 4 : Foreign Exchange Management Act (FEMA)
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UP Police SI (दरोगा) Official PYP (Held On: 2 Dec 2021 Shift 1)
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Detailed Solution

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The correct answer is Foreign Exchange Management Act (FEMA).

Key Points

  • The Foreign Exchange Management Act (FEMA), enacted in 1999, regulates foreign exchange transactions in India to ensure economic stability.
  • FEMA governs the transfer or issue of securities by individuals or entities residing outside India, ensuring compliance with Reserve Bank of India (RBI) guidelines.
  • Its primary objective is to facilitate external trade and payments and promote the orderly development of India's foreign exchange market.
  • The act replaced the Foreign Exchange Regulation Act (FERA) of 1973, introducing a liberalized and modern framework for managing foreign exchange.
  • Under FEMA, regulations related to foreign direct investment (FDI), external borrowings, and remittances are enforced to support India's economic growth.

Additional Information

  • Foreign Contribution (Regulation) Act (FCRA):
    • FCRA regulates the acceptance and use of foreign contributions by individuals, associations, or companies in India.
    • Its aim is to prevent foreign influence on India's political, economic, and social activities.
    • The act does not govern the transfer or issue of securities, making it unrelated to the given question.
  • Securities and Exchange Commission (SEC) Act:
    • This act is applicable in the United States and establishes the SEC to regulate securities markets.
    • It ensures transparency, fairness, and investor protection in the US market and is irrelevant to Indian laws.
  • Key Objectives of FEMA:
    • To regulate external financial transactions and promote orderly foreign exchange market development.
    • To facilitate capital flow for India's economic development while preventing illegal activities like money laundering.
    • To govern international transactions, including cross-border investments and export-import payments.
  • Difference Between FEMA and FERA:
    • FERA was more stringent and focused on regulation, while FEMA is liberal and focuses on management.
    • FEMA allows free and smoother flow of foreign investments compared to FERA's restrictive approach.
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