HomeCirculars › RBI/2024-25/36

RBI Regularises Partly Paid Units Issued by AIFs to Foreign Investors

Current · Source: Reserve Bank of India · RBI/2024-25/36 · issued 21 May 2024 · ~2 min read
Quick answerRBI has regularised past issuances of partly paid units by Alternative Investment Funds (AIFs) to foreign investors, allowing compounding under FEMA. AD banks must ensure reporting via FIRMS before approaching RBI for compounding.
The rule, in the simplest words
How it plays out — a real example

Rahul, a forex & trade-finance officer in Indore, helps his client, a foreign investor, regularise partly paid units issued by an Alternative Investment Fund. Rahul ensures that the necessary reporting is done on the FIRMS portal and conditional acknowledgements are issued before the AIF approaches RBI for compounding. This helps reduce legal uncertainty and ensures a smooth resolution process for the client.

What changed

RBI has decided to regularise issuances of partly paid units by AIFs to persons resident outside India that occurred before the March 2024 amendment to the Non-debt Instruments Rules. AD banks must now ensure these issuances are reported on the FIRMS portal and conditional acknowledgements issued before the AIF can approach RBI for compounding.

What it means for you

This circular provides a clear path for AIFs to regularise past non-compliant issuances of partly paid units to foreign investors, reducing legal uncertainty. AD banks play a key gatekeeping role by verifying reporting compliance before RBI compounding, which may increase administrative workload but also offers a structured resolution mechanism.

What you must do

Who it affects

Authorised Dealer Category-I banks, Alternative Investment Funds (AIFs), Foreign investors in AIFs, Compliance and legal teams handling FEMA matters

❓ Common questions

Regulatory timeline

Built from our lineage records — each fact carries its provenance; missing history simply is not shown (never guessed).

What does 'regularise through compounding' mean for AIFs?

It means AIFs that issued partly paid units to foreign investors before the March 2024 rule change can now apply to RBI for compounding, which involves paying a penalty to regularise the violation, instead of facing stricter enforcement.

What is the role of AD banks in this process?

AD banks must ensure that the AIF has completed reporting of the issuance on the FIRMS portal and obtained a conditional acknowledgement before the AIF can approach RBI for compounding. Banks also need to inform their customers about this circular.

Does this circular apply to all investment vehicles or only AIFs?

The circular specifically mentions Alternative Investment Funds (AIFs) in the context of regularising past issuances. The enabling amendment covers investment vehicles generally, but the compounding route is explicitly for AIFs.

📜 This document’s life story (1 recorded event, each backed by RBI’s own words)
Amends FEMA Non-Debt Instruments: Updated Payment & Reporting Rules
📜 Read the original circular — full text as issued by RBI
RBI/2024-25/36 A.P. (DIR Series) Circular No. 7 May 21, 2024 To All Authorised Dealer Category – I banks Madam / Sir Issuance of partly paid units to persons resident outside India by investment vehicles under Foreign Exchange Management (Non-debt Instruments) Rules, 2019 Attention of Authorised Dealer (AD) Category - I banks is invited to the Foreign Exchange Management (Non-debt Instruments) Rules, 2019, notified by the Central Government on October 17, 2019, which have been amended through the Foreign Exchange Management (Non-debt Instruments) (Second Amendment) Rules, 2024 vide S.O. 1361(E), dated March 14, 2024, enabling issuance of partly paid units to persons resident outside India by investment vehicles. 2. In this regard, it has been decided to regularise the issuances of partly paid units by Alternative Investment Funds to persons resident outside India prior to the said amendment through compounding under Foreign Exchange Management Act, 1999. However, before approaching the Reserve Bank for compounding, AD Category-I banks may ensure that the necessary administrative action, including the reporting of such issuances by Alternative Investment Funds to the Reserve Bank, through Foreign Investment Reporting and Management System (FIRMS) Portal and issuing of conditional acknowledgements for such reporting, is completed. 3. AD Category-I banks may bring the contents of this circular to the notice of their customers / constituents concerned. 4. The directions contained in this circular have been issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and are without prejudice to permissions / approvals, if any, required under any other law. Yours faithfully (Dr. Aditya Gaiha) Chief General Manager-in-Charge
Reproduced for reference with acknowledgment — Source: Reserve Bank of India · RBI/2024-25/36 · issued 21 May 2024. The plain-English explanation above is BankPulse’s own independent summary.
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Who does what — compliance checklist
💻 IT / Systems
  • Advise AIF clients to report past partly paid unit issuances to foreign investors on the FIRMS portal immediately.
📜 Compliance
  • Ensure conditional acknowledgements are issued for such reports before the AIF approaches RBI for compounding.
  • Bring this circular to the notice of all relevant customers and constituents dealing with AIFs and foreign investments.
  • Review internal processes to handle FIRMS reporting and compounding requests efficiently.
Grouped from the action items above — a single circular may involve more than one team.
Worked example & action-note template

Example: if you are an IT/Systems lead at a bank this circular applies to (Authorised Dealer Category-I banks, Alternative Investment Funds (AIFs), Foreign investors in AIFs, Compliance and legal teams handling FEMA matters), your first concrete step on “RBI Regularises Partly Paid Units Issued by AIFs to Foreign Investors” is: “Advise AIF clients to report past partly paid unit issuances to foreign investors on the FIRMS portal immediately.” (RBI issued this 21 May 2024).

  1. Circular: RBI/2024-25/36 -- RBI Regularises Partly Paid Units Issued by AIFs to Foreign Investors
  2. Issued: 21 May 2024
  3. Action required: Advise AIF clients to report past partly paid unit issuances to foreign investors on the FIRMS portal immediately.
  4. Action required: Ensure conditional acknowledgements are issued for such reports before the AIF approaches RBI for compounding.
  5. Action required: Bring this circular to the notice of all relevant customers and constituents dealing with AIFs and foreign investments.
  6. Action required: Review internal processes to handle FIRMS reporting and compounding requests efficiently.
  7. Owner: ____________ Target date: ____________
  8. Board/committee approval needed? Y / N
  9. Evidence filed in compliance register on: ____________
Built only from this circular’s own published fields — not legal advice; always confirm against the official RBI source.

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Official RBI source: https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=12686&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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