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Microlesson · 5-min read

Definitions — Authorised Person, Currency, Currency Notes, Foreign Currency, Foreign Exchange, Foreign Security

# Key Definitions under FEMA, 1999 — Currency, Exchange and Persons Dealing

All definitions are from Section 2 of FEMA, 1999, and apply 'unless the context otherwise requires'.

## 1. Authorised Person — Section 2(c)

An authorised person means an authorised dealer, money changer, off-shore banking unit or any other person for the time being authorised under Section 10(1) to deal in foreign exchange or foreign securities.

Why it matters: Forex transactions in India must be routed through an authorised person — this is the gate-keeper concept of FEMA.

## 2. Currency — Section 2(h)

Includes:

  • All currency notes
  • Postal notes, postal orders, money orders
  • Cheques, drafts, travellers cheques
  • Letters of credit
  • Bills of exchange and promissory notes
  • Credit cards
  • Such other similar instruments as may be notified by the Reserve Bank.

Note the inclusive definition — the RBI can add new instruments through notification.

## 3. Currency Notes — Section 2(i)

Means and includes cash in the form of coins and bank notes.

Narrower than 'currency' — only physical coins/notes.

## 4. Foreign Currency — Section 2(m)

Means any currency other than Indian currency.

Simple and exhaustive — anything not INR is foreign currency.

## 5. Foreign Exchange — Section 2(n)

Means foreign currency AND includes:

(i) Deposits, credits and balances payable in any foreign currency.

(ii) Drafts, travellers cheques, letters of credit, bills of exchange expressed or drawn in Indian currency but payable in any foreign currency.

(iii) Drafts, travellers cheques, letters of credit, bills of exchange drawn by banks, institutions or persons outside India, but payable in Indian currency.

### Key insight

FEMA looks at the mode of payment, not the currency in which the instrument is expressed. If an instrument is payable in foreign currency, or is drawn from abroad, it is foreign exchange.

## 6. Foreign Security — Section 2(o)

Means any security — in the form of shares, stocks, bonds, debentures or any other instrument denominated or expressed in foreign currency — and includes securities expressed in foreign currency where redemption or any form of return (interest or dividends) is payable in Indian currency.

### Distinction at a glance

TermCore idea
CurrencyAll instruments serving as money (wide)
Currency notesPhysical coins & bank notes (narrow)
Foreign currencyAny currency other than INR
Foreign exchangeForeign currency + instruments payable in/from foreign sources
Foreign securityShares/bonds expressed in foreign currency (or where return is in INR)

Worked example

### Example 1

Example 1: Is a credit card 'currency' under FEMA?

Answer: Yes — Section 2(h) expressly includes credit cards within 'currency'.

### Example 2

Example 2: An exporter receives a draft drawn by a US bank, payable in INR. Is this foreign exchange?

Answer: Yes. Section 2(n)(iii) covers drafts drawn by banks outside India but payable in Indian currency — they are 'foreign exchange'.

### Example 3

Example 3: A bond is issued in USD by an Indian company, but interest is paid in INR. Foreign security?

Answer: Yes. Section 2(o) includes securities expressed in foreign currency where return (interest/dividends) is payable in Indian currency.

⚠️ Common exam mistakes

  • Equating 'currency' with 'currency notes' — currency is much wider; currency notes are only physical cash.
  • Thinking foreign exchange means only foreign currency notes — instruments drawn in INR but payable in foreign currency are also forex.
  • Missing the inclusive part of foreign exchange — drafts drawn outside India payable in INR are also forex.
  • Forgetting that 'authorised person' is the gate-keeper — any forex dealing through a non-authorised person is a contravention.
  • Confusing 'foreign currency' (s.2(m)) with 'foreign exchange' (s.2(n)) — the latter is broader.
Bare-Act text Section 2(c), 2(h), 2(i), 2(m), 2(n), 2(o) · Foreign Exchange Management Act, 1999 · click to expand
Section 2(c), (h), (i), (m), (n), (o) of FEMA, 1999 — definitions of Authorised Person, Currency, Currency Notes, Foreign Currency, Foreign Exchange, and Foreign Security as set out in the Act.
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