RBI Notifies FEMA Amendments on Foreign Investments and Derivatives
No longer current — replaced by Foreign Exchange Management (Non-Debt Instruments) (Third Amendment) Rules, 2026
Source: Reserve Bank of India · RBI/2004-05/230 · issued 20 Oct 2004 · ~1 min read
Quick answerRBI has notified two FEMA amendments: one updates foreign investment regulations (FEMA 122/2004-RB), and the other expands derivative contract eligibility to include entities permitted by RBI, beyond just export-import traders.
What changed
RBI issued FEMA Notification No. 122/2004-RB amending regulations on transfer or issue of securities by persons resident outside India, effective from the date of gazette notification. Separately, FEMA Notification No. 105/2003-RB amended derivative contract regulations to allow entities 'as permitted by the Reserve Bank' to engage in foreign exchange derivative contracts, in addition to those engaged in export-import trade.
What it means for you
Banks must update their compliance frameworks to reflect the expanded scope for derivative contracts, which now includes entities specifically permitted by RBI beyond traditional export-import traders. The foreign investment amendment may require banks to revise their procedures for handling securities issued to non-residents, ensuring alignment with the updated FEMA regulations.
Historical instruction — do not use for current compliance. This is what was required at the time; it no longer reflects current RBI requirements. If no replacement rule is linked above, that only means none is recorded on our register yet — it does not prove no later applicable rule exists. Confirm on the official RBI source below.
What banks were required to do at the time
Review and update internal policies to incorporate the amended FEMA regulations on foreign investments and derivative contracts.
Train staff handling foreign exchange transactions on the expanded eligibility criteria for derivative contracts.
Communicate the changes to constituents and customers as directed by the circular.
Ensure all documentation and reporting systems reflect the new FEMA notifications.
Who it affects
Authorised Dealer Banks, Entities engaged in export-import trade, Non-resident investors and issuers of securities, Customers dealing in foreign exchange derivatives
Built from our lineage records — each fact carries its provenance; missing history simply is not shown (never guessed).
What does the amendment to derivative contract regulations mean for my bank?
It expands the pool of eligible counterparties for foreign exchange derivative contracts to include entities specifically permitted by RBI, not just those in export-import trade. Your bank must verify eligibility and update onboarding procedures.
When did these amendments come into effect?
The derivative amendment (FEMA 105/2003-RB) came into force on November 11, 2003, and the foreign investment amendment (FEMA 122/2004-RB) on September 21, 2004, as per their respective gazette notifications.
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Reproduced for reference with acknowledgment — Source: Reserve Bank of India · RBI/2004-05/230 · issued 20 Oct 2004. The plain-English explanation above is BankPulse’s own independent summary.
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BankPulse Compliance Evidence Pack — generated 05 Aug 2026 · status cross-checked against RBI’s official withdrawal register (refreshed weekly). Official RBI source: https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=1983&Mode=0 — Plain-English summary by BankPulse (bankpulse.ai), reviewed by our expert reviewer, CA Amit Jain. Independent platform, not affiliated with the Reserve Bank of India; is our own plain-English paraphrase, not RBI’s original wording.
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