Foreign Exchange Management (Cross Border Merger) Amendment Regulations
RBI notification FEMA 389(1)/2026-RB · 05 Jun 2026
Official title
Foreign Exchange Management (Cross Border Merger) (Amendment) Regulations, 2026
RBI notification FEMA 389(1)/2026-RB · 05 Jun 2026
Official title
Foreign Exchange Management (Cross Border Merger) (Amendment) Regulations, 2026
Summary
Check the official recordThe Reserve Bank of India amends the Foreign Exchange Management (Cross Border Merger) Regulations, 2018. The amendment replaces the term NCLT with Competent Authority in regulations 4, 5, 7, and 9. The amendment defines Competent Authority as any authority empowered under the Companies Act, 2013 to approve a scheme of merger or amalgamation. These changes apply to entities involved in cross-border mergers. The regulations take effect on the date of publication in the Official Gazette.
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Key dates
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RESERVE BANK OF INDIA (FOREIGN EXCHANGE DEPARTMENT) CENTRAL OFFICE MUMBAI-400 001
Notification No. FEMA 389(1)/2026-RB
May 29, 2026
Foreign Exchange Management (Cross Border Merger) (Amendment) Regulations, 2026
In exercise of the powers conferred by section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), the Reserve Bank makes the following amendment in the Foreign Exchange Management (Cross Border Merger) Regulations, 2018 (Notification No. FEMA.389/2018-RB dated March 20, 2018) (hereinafter referred to as 'the Principal Regulations'), namely:-
Short title and commencement: (1) These regulations may be called the Foreign Exchange Management (Cross Border Merger) (Amendment) Regulations, 2026. (2) They shall come into force with effect from the date of their publication in the Official Gazette.
Amendment to regulation 2: In the Principal Regulations, in regulation 2, – (i) the clause (vii) shall be omitted; (ii) after the clause (ii), the following clause shall be inserted, namely – “(iia) ‘Competent Authority’ means any authority empowered under the Companies Act, 2013 or any subordinate legislation made thereunder to approve a scheme of merger or amalgamation;”.
Amendment to regulations 4, 5, 7 and 9: In the Principal Regulations, in regulations 4, 5, 7 and 9 for the word “NCLT”, wherever it occurs, the words “Competent Authority” shall be substituted.
(Dr. Aditya Gaiha) Chief General Manager-in-Charge
Foot Note: The Principal Regulations were published in the Official Gazette vide G.S.R. No. 244(E) dated March 20, 2018 in Part II, Section 3, Sub-Section (i) (Published on March 23, 2018)