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NRI can use UPI with foreign mobile no.


๐Ÿ‘ฉ๐Ÿป‍๐Ÿ’ผ NRI having NRE/NRO bank accounts can now use UPI with foreign mobile numbers. To begin with, NPCI will be enabling transactions from mobile numbers having country codes of Singapore, Australia, Canada, Hong Kong, Oman, Qatar, USA, Saudi Arabia, United Arab Emirates, and the United Kingdom.

 
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⛔ Restitution of Conjugal Rights


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According to experts at Ozg Center, conjugal rights can be defined the rights, especially to sexual relations, regarded as exercisable in law by each partner in a marriage. This makes sure that you are giving each other the status of spouse in the true sense.


When your spouse denies you your conjugal rights, you can seek legal help by claiming the restitution of your conjugal rights. If the court is satisfied that there is no legal ground to refuse the application and based on the veracity of the statements in the petition, may pass a decree for restitution of conjugal rights.

⛔ To discuss your case, you can schedule your Tele-Appointment with Ozg Lawyers to save your precious time and hard-earned money in court cases and matrimonial disputes-related matters.

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There are various sections providing different provisions for restitution of conjugal rights such as:

Section 9 in Hindu Marriage Act, 1955

Section 22 in Special Marriage Act, 1954

Section 32 in Indian Divorce Act, 1869

⛔ Reasonable Cause - 

The burden of proof in this matter is two-fold. The husband has to prove that the wife has been denying him all the marital rights & has withdrawn from his society without any major reason. On the other hand, the wife has to show such proofs that show the actual valid reason for the withdrawal such as any matrimonial misconduct that made it impossible for her to continue to live with him. If she fails to do so, the court will pass a decree to restitute the conjugal rights of the husband. If the wife is able to prove any valid ground then the petition would be dismissed.

⛔ What does withdrawal from society means?

There is withdrawal from society when one among the spouses, without reasonable excuse, terminates an existing relationship with the intention of leaving the other and permanently or indefinitely abandoning such relationship. Withdrawal from the society not always necessarily means complete desertion or living separately, it also means withdrawal from sexual intercourse, non-cooperation in the performance of marital obligations.

⛔ To discuss your case, you can schedule your Tele-Appointment Ozg Lawyers to save your precious time and hard-earned money in court cases and matrimonial disputes-related matters.

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⛔ Procedure for The Restitution of Conjugal Rights - 

๐Ÿ“Œ 1) In this case, if you are the aggrieved party, the husband, files a petition in the district court. This can be transferred by application to the High Court or Supreme Court as well, according to the severity of the case or requirement.

๐Ÿ“Œ 2) After the filing of the petition, a copy of the petition is sent to the respondent-wife along with the date of hearing from the district court. 

๐Ÿ“Œ 3) Both parties have to be present on the date of the hearing. If both parties are not present, the court gives another date.

๐Ÿ“Œ 4) The next step is counseling/mediation sent by the court. It is done by the family court, as provided in the Family Courts Act. This takes approximately 4 months.

⛔ What happens in Counseling?

Once the parties are sent to counseling, they need to appear before a counselor. The counselor may be someone who has been appointed by the court. Counseling takes place on 2-3 dates with a gap of 2-3 weeks between two dates. Here, both parties are given a chance to present their versions of the facts, and the counselor tries to come to an understanding. In the end, the counselor offers advice. This may sort out the differences to go back to the husband, or to go for a divorce by mutual consent. You can message us at #Ozgian 24/7 - online support desk to learn about its eligibility criteria, timing, cost, and procedures), if the parties agree, it will imply that the purpose of counseling/ mediation has succeeded, and the suit can be dropped. However, if the parties refuse to proceed according to the suggestions of the counselor, the counselor will forward the application back to court on grounds that mediation has failed.

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๐Ÿ“Œ 5) Once the application is back in court, the suit will continue, and the respondent-wife is required to give her ‘counter’ to the husband’s application. Oral arguments will proceed to dispose of the interim petitions first and pass the interim order.

๐Ÿ“Œ 6) The husband has to file a Chief Examination Affidavit for producing evidence that the wife has left him, which will result in cross-examination.

๐Ÿ“Œ 7) Final arguments take place next, where both the parties represent their version of facts and ultimately pray for relief from the Judge. Based on the counseling, statements made, and the conduct of the parties, the judge accordingly grants the decree.

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Received Notice for Money Laundering Case? Before appearing on summons at Enforcement Directorate and recording your statements, please make sure you've consulted with Ozg Lawyers


The offence of Money Laundering generally involve the following three stages namely placement, layering and integration.


๐Ÿ“Œ Placement:

The Money Launderer, who is holding the money generated from criminal activities, introduces the illegal funds into the financial systems. This might be done by breaking up large amount of money into less conspicuous smaller sums which are deposited directly into a Bank Account or by purchasing a series of financial products.

๐Ÿ“Œ Layering:

In this stage, the Money Launderer typically engages in a series of continuous conversions or movements of funds, within the financial or banking system by way of numerous accounts, so as to hide their true origin and to distance them from their criminal source. The Money Launderer may use various channels for movement of funds, like a series of Bank Accounts, sometimes spread across the globe, especially in those jurisdictions which do not cooperate in anti-money laundering investigations.

๐Ÿ“Œ Integration:

Having successfully processed through the first two stages of Money Laundering, the Launderer then moves to this third stage in which the funds reach the legitimate economy, after getting inseparably mixed with the legitimate money earned through legal sources of income. The Money Launderer might then choose to invest the funds into real estate, business ventures & luxury assets, etc. so that he can enjoy the laundered money, without any fear of law enforcement agencies.

The above three steps may not always follow each other. At times, illegal money may be mixed with legitimate money, even prior to placement in the financial system. In certain cash rich businesses like Gambling and Real Estate, the proceeds of crime may be invested without entering the mainstream financial system at all.

Before appearing on summons at Enforcement Directorate and recording your statements, please make sure you've consulted with Ozg Lawyers. Please, follow link at below to schedule your tele-appointment with Ozgian.

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The supporting case documents get you a better strength than anything else. You may consider taking services of Ozg Documentation Centre for the same.

Email: legal@documentationcentre.com

Punishment -

๐Ÿ“Œ Attachment of property under Section 5 of PMLA, 2002, seizure or freezing of property and records under Section 17 or Section 18 of PMLA, 2002. It is also applied on assets of any kind used in the commission of an offence under PMLA, 2002 or any of the scheduled offences.

๐Ÿ“Œ Persons found guilty of an offence of Money Laundering are punishable with imprisonment for a term which shall not be less than 3 years but may extend up to 7 years and shall also be liable to fine under Section 4 of PMLA, 2002.

๐Ÿ“Œ When the scheduled offence committed is under the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985 the punishment shall be imprisonment for a term which shall not be less than 3 years but which may extend up to 10 years and shall also be liable to fine.

๐Ÿ“Œ The prosecution or conviction of any legal juridical person is not contingent on the prosecution or conviction of any individual.

Before appearing on summons at Enforcement Directorate and recording your statements, please make sure you've consulted with Ozg Lawyers. Please, follow link at below to schedule your tele-appointment with Ozgian.

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The supporting case documents get you a better strength than anything else. You may consider taking services of Ozg Documentation Centre for the same.

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Enforcement Directorate (ED)

The ED has got following power -

๐Ÿ“Œ To provisionally attach any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property under Section 5 of PMLA Act, 2002;

๐Ÿ“Œ To conduct survey of a place under Section 16 of PMLA Act, 2002;

๐Ÿ“Œ To conduct search of building, place, vessel, vehicle or aircraft & seize/freeze records & property under Section 17 of PMLA Act, 2002;

๐Ÿ“Œ To conduct personal search under Section 18 of PMLA Act, 2002;

๐Ÿ“Œ To arrest persons accused of committing the offence of Money Laundering under ection 19 of PMLA Act, 2002;

๐Ÿ“Œ To summon and record the statements of persons concerned under Section 50 of PMLA Act, 2002.

Before appearing on summons at Enforcement Directorate and recording your statements, please make sure you've consulted with Ozg Lawyers. Please, follow link at below to schedule your tele-appointment with Ozgian.

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The supporting case documents get you a better strength than anything else. You may consider taking services of Ozg Documentation Centre for the same.

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Time limit of Seizure -

๐Ÿ“Œ The property & record may, if seized be retained or if frozen may continue to remain frozen for a period not exceeding 180 days from the day on which such property or record were seized or frozen, unless the Adjudicating Authority permits retention of such record or property beyond the period of 180 days as per sections 20 & 21 of PMLA, 2002.

Arrest -

๐Ÿ“Œ The Authorized Officer making arrest shall, as soon as may be, inform the arrestee of the grounds for such arrest.

๐Ÿ“Œ Every person so arrested shall, within twenty four hours, be taken to a Judicial Magistrate or a Metropolitan Magistrate, as the case may be, having jurisdiction as per section 19 of PMLA, 2002.

๐Ÿ“Œ To get consultation on your case, please schedule a tele-appointment with Ozg Lawyers at link below or please write an email to: support@ozglaw.com

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FCRA Bank Account: The process flow after opening of account in case of NGO or Sec8 Company to receive foreign contribution through SWIFT mode


๐Ÿ“Œ i. The NDMB will allow receipt of foreign contribution only in the “FCRA Bank Account” opened in NDMB after confirming that the MHA has already granted a registration certificate or prior permission under section 12 of FCRA, 2010. 

The foreign inward remittance received should invariably contain following details:

  • “FCRA Bank Account” Number of the Beneficiary in the NDMB of SBI

 • SWIFT Code of NDMB (SBININBB104) 

• Name of the Beneficiary

 • Name of the Donor/ Remitter

 • Account number of the Donor/Remitter

 • Donor/Remitter’s Address

 • Donor/Remitter’s Country of Residence 

๐Ÿ“Œ ii. In case of NGO / Sec8 company entity without FCRA, the NDMB shall open the FCRA Bank Account and then wait for MHA’s decision on their FCRA application for grant of prior permission or registration certificate. As soon as the MHA approval for such registration or prior permission is conveyed to NDMB through an e-mail, NDMB shall allow inflow of foreign contribution into the relevant account from that date.

๐Ÿ“Œ  iii. SBI, NDMB shall intimate the customers, through an e-mail and SMS regarding receipt of foreign contribution. 

๐Ÿ“Œ iv. The customers will be required to submit an undertaking detailing the purpose of the receipt of funds as per FEMA declaration and RBI guidelines to the SBI Branch, where it had initially submitted the FCRA account opening form. The SBI Branch shall then forward duly scrutinized copies to New Delhi Main Branch on the designated email id (fcra.00691@sbi.co.in).

 ๐Ÿ“Œ v. Standard Forex conversion rate as permitted under the FEMA guidelines and RBI instructions to be applied on the inflow of foreign currency. It shall be duly intimated to the FCRA account holder through an email. 

๐Ÿ“Œ vi. The FCRA Account holder shall have complete freedom to transfer the foreign contribution (FC) received in FCRA Bank Account opened in NDMB to another FCRA Account, if any, of his choice opened in any branch of any Scheduled Commercial Bank as per its convenience for keeping or utilization. It may also avail Internet Banking facility (with full transaction rights) with the NDMB. 

๐Ÿ“Œ vii. NDMB will not levy any charges / fee etc on any transfer of foreign contribution from the FCRA Bank Account to FCRA Utilization Account, if any, of the NGO. For each such transfer, the “FCRA Account” holder to be informed through an e-mail as well as SMS immediately.

To save your time and a heavy legal cost on FCRA violation or FEMA violation matters, get  consultation today. To schedule your tele-appointment with Ozg Lawyers, go to link below or email to: ask@fcra.in Or ask@fema.in

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Franchise Forex Shop - Opening Procedure


How to obtain a franchise license from the existing FFMC?

The Reserve Bank of India (RBI) authorizes entities to deal in foreign exchange for specific purposes under section 10 of the Foreign Exchange Management Act (FEMA), 1999. To deal with forex, Authorized Dealer Category-1 Banks, Authorized Dealer Category-2 FFMCs can appoint their own franchisees. For obtaining a FFMC franchise license, an application shall be made in Form RMC-F to RBI accompanied by a declaration that adequate due diligence of the entity has been carried out prior to the entering into the Franchise Agreement. For RBI filing services or advisory from Ozg Lawyers, please WhatsApp๐Ÿ“ฑ8850585672 and/or email to: ask@fema.in

Following are the key points if FFMC intends to choose a franchise -

๐Ÿ“Œ Any entity with a place of business can be a franchise. It should have a municipal certification or pvt ltd including registration under Shop and Establishment act.

๐Ÿ“Œ A minimum net ownership of Rs 10 lakh is required for an entity.

๐Ÿ“Œ The franchisee can only do business that deals with forex in a particular shop.

๐Ÿ“Œ A franchise agreement must be agreed between the parties.

๐Ÿ“Œ Franchisee should use the name, exchange rate of their franchisor, and update to them prominently in their offices about the purchase of foreign currency.

๐Ÿ“Œ In case of closure, the franchise will surrender the foreign currency it had purchased to its franchisor within a period of only 7 days, the counting will begin from the date of purchase.

๐Ÿ“Œ It is the franchise's responsibility to track and manage the current appropriate transaction records.

Please, contact us for further questions or any case on RBI related matters.

Email: ask@fema.in

FDI - Issue and Purchase of Shares by NRI / OCI & Foreigner in Indian Company


๐Ÿ“Œ There are two ways to Purchase of Shares by NRI / OCI & Foreigner in Indian Companies -

I) Automatic Route (no prior permission required) -

The companies operating in most of sectors or activities as specified in the Regulation 16 of FEMA 20 (R) are eligible for FDI through the automatic route. Under FEMA regulations, an Indian Company can issue shares under the automatic route to a person resident outside India except in bordering countries.

II) Approval Route (prior permission required) -

The sectors or activities not covered under the automatic route requires prior approval of the Government of India. Procedure for applying for Government approval is given at fifp.gov.in/Forms/SOP.pdf. For any questions or support, please email to: ask@fema.in


๐Ÿ“Œ Payment for Share Issued to NRI / OCI or Foreigner:

The most preferred way is the inward remittance through normal banking channel. Please, note NRO (or NRE) bank account can't be used for this purpose.

๐Ÿ“Œ RBI Compliance Filing for Issue and Purchase of Shares by NRI / OCI & Foreigner in Indian Companies.

There are only 3 compliance filings.

1) For foreign investment made by NRI / OCI and foreigner on a repatriable or non-repatriable basis, a report is to be filed with the Regional Office of the RBI within 30 days from the date of receipt of the amount by AD Category-1 bank.

2) FC-GPR for the acquisition of right shares and bonus shares.

3) FLA annual return at RBI operated FLAIR portal by the company before 15th July every year. To learn about it, please visit to: https://flair.rbi.ozg.in

๐Ÿ“Œ Board Resolution Sample for Issue of Shares to NRI / OCI & Foreigner in Indian Companies -

RESOLVED that subject to the terms and conditions specified from time to time by the Reserve Bank of India and/or Central Government under the Foreign Exchange Management Act, 1999 and subject to such other approvals, permission and sanctions as may be considered necessary and subject to the applicable provisions, if any, of the Companies Act, 2013, and subject to such conditions as may be prescribed by any of the authorities while granting such approvals/permissions/sanctions, and further subject to the approval of the Company at a General Meeting the Board of Directors of the Company be and is hereby authorised to allow Foreign Institutional Investors (FIIs), Non-Resident Indians (NRIs), and Overseas Citizens of India (OCIs) to acquire shares/debentures of the Company through direct subscription or thorugh stock exchanges in India under Portfolio Investment Scheme, and/or in accordance with other permissible modes.

RESOLVED FURTHER that the Board of Directors of the Company be and is hereby authorised to do all such acts, deeds, matters and things and to execute such documents or writings as may be necessary, proper or expedient for the purpose of giving effect to this resolution and for matters connected therewith or incidental or ancillary thereto.

RESOLVED FURTHER that the Company Secretary be directed to convene an Extraordinary General Meeting for this purpose and issue the notices with the relevant explanatory statement as per drafts placed before the meeting and approved.

๐Ÿ“Œ To get consultation on your case, please book a tele-appointment with Ozg Lawyers or please write an email to: ask@fema.in

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Regulatory Sandbox for Fintech by RBI


The Regulatory Sandbox refers to live testing of new fintech products or services in a controlled / test regulatory environment for which regulators may (or may not) permit certain regulatory relaxations for the limited purpose of the testing. 


The RS allows the regulator, the innovators, the financial service providers (as potential deployers of the technology) and the customers (as final users) to conduct field tests to collect evidence on the benefits and risks of new financial innovations, while carefully monitoring and containing their risks. 

It can also provide a structured avenue for the RBI to engage with the ecosystem and to develop innovation-enabling or innovation-responsive regulations that facilitate delivery of relevant, low-cost financial products. The RS is an important tool which enables more dynamic, evidence-based regulatory environments which learn from, and evolve with, emerging technologies.

The focus of the RS will be to encourage innovations intended for use in the Indian market in areas where:

๐Ÿ“Œ There is absence of governing regulations;

๐Ÿ“Œ There is a need to temporarily ease regulations for enabling the proposed innovation;

๐Ÿ“Œ The proposed innovation shows promise of easing/effecting delivery of financial services in a significant way.

Regulatory Sandbox: Eligibility Criteria

The target applicants for entry to the RS, are FinTech companies including startups, banks, financial institutions, any other company, Limited Liability Partnership (LLP) and partnership firms, partnering with or providing support to financial services businesses, subject to the sandbox criteria laid down in guidelines.

- List of Fintech Products/Services

๐Ÿ“Œ Retail payments

๐Ÿ“Œ Money transfer services

๐Ÿ“Œ Marketplace lending

๐Ÿ“Œ Digital KYC

๐Ÿ“Œ Financial advisory services

๐Ÿ“Œ Wealth management services

๐Ÿ“Œ Digital identification services

๐Ÿ“Œ Smart contracts

๐Ÿ“Œ Financial inclusion products

๐Ÿ“Œ Cyber security products

-  Financial Technologies

๐Ÿ“Œ Mobile technology applications (payments, digital identity, etc.)

๐Ÿ“Œ Data Analytics

๐Ÿ“Œ Application Program Interface (APIs) services

๐Ÿ“Œ Applications under block chain technologies

๐Ÿ“Œ Artificial Intelligence and Machine Learning applications

Exclusion from Sandbox Testing

The entities may not be suitable for the RS if the proposed financial service is similar to those that are already being offered in India unless the applicants can show that either a different technology is being gainfully applied or the same technology is being applied in a more efficient and effective manner.

An indicative negative list of products/services/technology which may not be accepted for testing is given below.

๐Ÿ“Œ Credit registry

๐Ÿ“Œ Credit information

๐Ÿ“Œ Crypto currency / Crypto assets services

๐Ÿ“Œ Trading/investing/settling in crypto assets

๐Ÿ“Œ Initial Coin Offerings, etc.

๐Ÿ“Œ Chain marketing services

๐Ÿ“Œ Any product/services which have been banned by the Reserve Bank of India or Government of India.

Ozg Fintech Center 
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