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ARTICLE · 07 JANUARY 2021

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Cross Border Transactions: Cryptocurrency And Foreign Exchange Management Act (FEMA)

Cross Border Transfer of cryptocurrency is a significant aspect of its being as cryptocurrencies are traded through online platforms and these platforms facilitate the exchange of cryptocurrency....

IndiaTechnology

Article by Vijay Pal Dalmia, Advocate, Supreme Court of India and Delhi High Court, Partner & Head of Intellectual Property Laws Division, Vaish Associates Advocates, India

INTRODUCTION

Cross Border Transfer of cryptocurrency is a significant aspect of its being as cryptocurrencies are traded through online platforms and these platforms facilitate the exchange of cryptocurrency into another currency including a fiat currency. This raises questions under India's foreign exchange control law, i.e., the Foreign Exchange Management Act (FEMA). This article intends to analyze the possible categorization of cryptocurrencies under FEMA and the legal implications to follow.

CLASSIFICATION UNDER FEMA

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The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article.

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