Borrowing And Lending

1. Can NRI/OCI lend money to resident individual (RI) in India?

Ans.

Yes. NRI/OCI is allowed to lend money to resident individual in India in following manner:


Sr. No.

Lender

Borrower

Loan currency

Permissibility and conditions

1

NRI/OCI

RI

In foreign currency

-      Permissible upto USD 2,50,000/- or equivalent, and

-      NRI/OCI lender should be relative of resident borrower

2

NRI/OCI

RI

In INR

-      Permissible

-      However, if the lender is a OCI card holder, he/she should also be relative of resident borrower.


Further, the resident borrower should ensure that the loan proceeds are not utilised for following restricted activities:


-      In the business of chit fund or Nidhi Company;

-      Investment in capital market including margin trading and derivatives;

-      Agricultural or plantation activities;

-      Real estate activity or construction of farmhouses; and

-      Trading in Transferrable Development Rights (TDR)

2. Can NRI/OCI borrow money from an individual resident in India?

Ans.

Yes. NRI/OCI is allowed to borrow money from an individual resident in India in the following manner:


Sr. No.

Lender

Borrower

Loan currency

Permissibility and conditions

1

RI

NRI/OCI

In foreign currency

-   Prior RBI permission may be required

2

RI

NRI/OCI

In INR

-      Permissible, if NRI/OCI borrower is relative of resident lender.

-      Resident lender can extend loan upto the LRS limit i.e. USD 2,50,000/- per Financial Year. It is the responsibility of the resident lender to ensure the loan amount is within the prescribed limit.

-      The loan amount should be credited to the NRO a/c of the NRI/OCI by way of cheque deposit/electronic transfer

-      The loan should be utilised for meeting the borrower's personal requirements or for his own business purposes in India.

-      The loan should not be utilized for restricted business activity as mentioned in FAQ 1 above.

-      The loan is  free of interest and the minimum maturity of the loan is one year;

-      The loan amount cannot be remitted outside India by the NRI/OCI borrower.

-      Repayment of loan should be made by way of inward remittances through normal banking channels or by debit to the Non-resident Ordinary (NRO)/ Non-resident External (NRE) / Foreign Currency Non-resident (FCNR) account of the borrower or out of the sale proceeds of the shares or securities or immovable property against which such loan was granted.

3. Who is covered under the definition of relative?

Ans.

Below persons are covered within the definition of relative:

·         Members of Hindu Undivided Family

·         Husband and wife

·         Father (includes stepfather)

·         Mother (includes stepmother)

·         Son (includes stepson)

·         Son’s Wife

·         Daughter

·         Daughter’s husband

·         Brother (includes stepbrother)

4. Can NRI avail housing, vehicle or any other loan in India?

Ans.

Yes. NRI/OCI Cardholder can avail Rupee loan from AD Bank or registered NBFC or registered housing finance institution or any other financial institution in India for purchase of residential property or vehicle in India. NRI/OCI Cardholder can also obtain loan from AD Bank in India for their personal requirement or own business purpose.

 

However, the loan should be utilized for the specific purpose for which it has been taken and should not be utilized for restricted activities mentioned in FAQ 1 above.   

 

The AD Bank/NBFC/financial institution shall grant loan as per their internal loan policy and in compliance with the conditions and guidelines of the RBI.  

5. NRI wants to avail loan against her NRE FDs. Is she permitted to do so?

Ans.

Yes, she can freely avail loan/ overdraft facility against securities of her NRO/NRE/FCNR Fixed Deposits in India subject to end-use conditions as specified under FEMA.

 

Refer FAQ on Chapter 2 Operation of Banking Accounts for NRI, for loan against NRO/NRE/FCNR Fixed Deposit and its end use conditions.

6. When a NRI uses his credit card in India or when a Resident Individual uses his credit card outside India, will it be considered as borrowing or lending in India?

Ans.

No. Use of credit card in India by a NRI or outside India by RI shall not be deemed as borrowing or lending in rupees/foreign exchange.

 

7. Can Rupee loan/ overdraft granted by AD Bank to RI who subsequently becomes a person resident outside India as per FEMA be continued?

Ans.

Yes, an AD bank in India may allow continuance of such loan/overdraft earlier granted to a RI who subsequently becomes a person resident outside India, subject to terms and conditions as specified by RBI.

8. Can loan be continued in the event of change in residential status of the lender?

Ans.

Yes, the loan can be continued, and repayment shall be made as under:


 ·   In case a loan was granted by a RI to another RI and the resident lender subsequently becomes a person resident outside India, the repayment of loan by the RI borrower should be made by credit to the NRO account of the lender.


 ·    In case a loan was granted by a NRI/OCI to RI and the NRI/OCI lender subsequently becomes a resident, the repayment of the loan may be made to the designated account of the lender maintained with AD bank as specified by RBI from time to time, at the option of the lender.

9. Can loan taken overseas by NRI who subsequently becomes RI be continued?

Ans. Yes, RI will be permitted to service loans taken overseas earlier as an NRI, subject to terms and conditions and limit as specified by RBI from time to time.

10. Can NRI/OCI Cardholder employees avail loan from its Indian employer?

Ans.

Yes. An Indian entity is allowed to grant Rupee loan to its NRI/OCI Cardholder employees in accordance with Staff Welfare Scheme of the Indian entity and subject to terms/conditions and guidelines prescribed by RBI.


The NRI/OCI Cardholder employee should ensure that the loan amount is not used for the restricted purposes mentioned in FAQ No. 1 above


                                                                                                                                                                                                            - Updated 12/2023