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ARTICLE · 12 JUNE 2015

Personal Guarantee(s) Under FEMA

The term 'promoter' is not defined under the Foreign Exchange Management Act, 1999 ("FEMA") / FEMA Circulars.

IndiaInternational Law

In case of international commercial transactions entered into between an Indian party or its wholly owned subsidiary abroad and the foreign party, sometimes the foreign party insists upon the personal guarantee of individual Indian promoters in order to secure the contractual obligations of the Indian party or its overseas wholly owned subsidiary ("WOS") for the reason that such transactions are generally entered into between the parties on the strength and capability of the ultimate individual Indian promoters. A question arises as to whether such personal guarantee by the individual promoters (direct / indirect promoters) is legally permitted under Indian foreign exchange laws? 

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