RFC account
scheme was introduced in 1992 which enables a citizen of India or a person
of Indian origin who has been resident outside India has become a person
resident in India to open an account in foreign currency in India.
Part - A
Exchange
Management Regulations:
1.Directions
of RBI.
The account can
be opened out of foreign exchange earned as under:
a.Pension or
any other super annuation or other monitory benefits from his employer
outside India
b.Realised on
conversion of investment in foreign currency, foreign security or any
immovable property situated outside India if such currency, security or
property was acquired, held or owned when the person was resident outside
India
c.Received or
acquired as gift or inheritance from a person who realized on conversion of
investment in foreign currency, foreign security or any immovable property
situated outside India if such currency, security or property was acquired,
held or owned when the person was resident outside India
d.Received or
acquired before the eight-day of July 1947 or any income arising or accruing
thereon which is held outside India in pursuance of a general or special
permission granted by the RBI.
2.Customer
eligibility
It should be
noted that RFC facility is available for any person resident in India.
3.Type of
accounts:
Only term
deposits can be opened.
4.Utilisation
of funds in RFC:
a.The funds
in RFC shall be free from all restrictions regarding utilization including
any restriction on investment in any form, by whatever name called outside
India.
b.Withdrawals
/ payments from such accounts other than for remittance outside India or for
payments in foreign currency authorized shall be permitted by the authorized
dealer in equivalent Indian rupees.
5.Nomination
facility:
a.RFC
accounts shall have nomination facility as in the case of resident rupee
accounts
b.On the
death of RFC account holder the balance in the account will be repatriated
to the nominees to the extent of his / her entitlement if on the date of
death of the account holder such nominees are resident outside India. To the
extent any nominee is a person resident in India on the date of death of the
account holder the amount may be paid to him in equivalent Indian rupees.
6.Loans and
overdrafts against the deposits:
No loan /
overdraft can be granted by the authorized dealers against the balances held
in RFC accounts.
7.Transfer of
balances on becoming non-resident.
Funds held in
RFC account may freely remitted abroad or credit to fresh NRE / FCNR
accounts in the event of the account holder becoming non-resident as per the
definition of FEMA 1999.
PART B
Questions and
Answers
1.A customer
is maintaining an RFC account with our bank. He has requested the branch to
pay interest to him on the balances held in the RFC account. The branch
states that large amounts are being held by the customer in his RFC account.
What can be done?
Yes. Interest in
RFC accounts can be paid as per the rate communicated by IBD Chennai to the
branches for different currencies and different periods.
2. A customer
maintains an RFC account. He desires to make a remittance to a foreign
country on behalf of his “associate concern”. Can we allow the remittance
from out of the funds held in the RFC account of the customer?
Yes. The
amount can be remitted as there is no restriction in remitting the money out
of our country provided the outward remittance is subjected to the
regulations of FEMA 1999.
3. An exporter
is receiving advance remittance from the overseas buyers frequently. He
wants to know whether a portion of these inward remittances may be held in
RFC account?
No. Thisis not permitted. Only such of those foreign exchange acquired as per
part A paragraph 1 above alone can be credited to RFC account. Please note
that this is different from EEFC account and that the exporter may be
recommended to keep the amount in EEFC account.
4. In what
currency RFC accounts can be opened?
RFC account can
be opened in any permissible currency