Apu (Officer) 25 April 2018
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 25 April 2018
The above is only in "Personal Capacity" for personal requirements only and not in your business capacity or for your business purpose.
2. In case you wish to open a Foreign Currency account outside the country, you need specific permission from RBI as noted below:
approval as required under the Foreign Exchange Management (Export of goods and services) Regulations, 2015 has been obtained for undertaking the contract/ project/ export of goods or services, and
the terms and conditions stipulated in the letter of approval have been duly complied with.
3. In the event that yours is a Start Up and you are already having a subsidiary abroad (in your case in Portugal), you may open a foreign currency account in Portugal without permission as clarified by RBI noted below:
A start-up in India with an overseas subsidiary is permitted to open foreign currency account abroad to pool the foreign exchange earnings out of the exports/sales made by the concerned start-up;
The overseas subsidiary of the start-up is also permitted to pool its receivables arising from the transactions with the residents in India as well as the transactions with the non-residents abroad into the said foreign currency account opened abroad in the name of the start-up;
The balances in the said foreign currency account as due to the Indian start-up should be repatriated to India within a period as applicable to realisation of export proceeds (currently nine months);
A start-up is also permitted to avail of the facility for realising the receivables of its overseas subsidiary or making the above repatriation through Online Payment Gateway Service Providers (OPGSPs) for value not exceeding USD 10,000 (US Dollar ten thousand) or up to such limit as may be permitted by the Reserve Bank of India from time to time under this facility; and
To facilitate the above arrangement, an appropriate contractual arrangement between the start-up, its overseas subsidiary and the customers concerned should be in place.
In view of the above clarification given by me, you may see where you fit in and give further details relating to you so that specific clariification can be given.
Apu (Officer) 25 April 2018
Thank you so very much for your advice. May you always be sucessful in all your endeouvors