FDI and Cryptocurrencies in India The FDI is regulated under FEMA Act. The FDI Policy and TISPRO, made under FEMA, regulate FDI in Indian entities. The Exchange would be regulated either as Non-banking finance and asset management companies or E-commerce platforms...
Applicability of FEMA on Cryptocurrencies in India The risk relating to FEMA has been highlighted by the RBI ample number of times. In P2P transfers, while the exchange provides a portal to match the orders of a seller and buyer, the consideration would flow directly...
Applicability of Commodity Laws on Crypto Exchanges in India If the Cryptocurrencies are classified as ‘commodities,’ the exchanges which facilitate the trading of cryptocurrencies might be governed as the ‘commodity’ exchanges, which can have implications under...
Applicability of Securities and Investment Laws on Cryptocurrency Exchanges in India Based on the Report of the Committee to propose specific actions to be taken in relation to Virtual Currencies [1], the cryptocurrencies like Bitcoin or Ether are unlikely to be...
Legality of CrytoCurrency Exchanges in India There is no statutory prohibition on the operation of exchanges in India. Neither has the position regarding the legality of bitcoins and other cryptocurrencies specifically addressed. In IMAI vs RBI[1], the Court looked at...
Crytocurrency as Legal Tender in India The word “currency” is defined in Section 2(h) of the Foreign Exchange Management Act, 1999 (hereinafter, “FEMA”) to include “all currency notes, postal notes, postal orders, money orders, cheques, drafts, travelers’ cheques,...
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