Points to Remember:
A person resident in India can borrow in INR from NRIs/ PIOs on non-repatriation basis only.
A RI can grant loan to NRI close relative within the overall limit under LRS per FY available for a RI. It would be the responsibility of the lender to ensure that the amount of loan is within the limits prescribed under LRS during the FY.
Frequently asked questions
Can a RI lend money to his close relative NRI / PIO?
What are the restrictions on the end use of the funds borrowed by a relative NRI from a resident Indian?
the business of chit fund, or
Nidhi Company, or
agricultural or plantation activities or in real estate business, or construction of farm houses, or
trading in Transferable Development Rights.
Can a resident Indian who is a close relative of a NRI, borrow money in INR from NRI?
Further, to the above question are there any restrictions on end use of the borrowed funds?
For on lending/ re-lending to the infrastructure sector; or
For keeping in fixed deposits with banks in India pending utilization by them for permissible end-uses.
Can a RI repay loans of close relative NRIs to banks in India?
Yes, where a Bank in India has granted loan to a NRI such loans may also be repaid by any relative (as defined under the Companies Act), of NRI by crediting the borrower's loan a/c through the bank a/c of such relative.
Can a NRI avail loan from a Bank in India?
Yes, NRI is permitted to avail loan from a Bank in India subject to terms and conditions specified by RBI. Banks can grant loan to NRIs against the security of shares and other securities and immovable property (other than agricultural land / plantation property / farm house).
Can NRIs obtain loan from their Banks for acquiring ESOPs?
Yes, NRIs are permitted to acquire loan from the Bank till the extent of 90% of the purchase price of the ESOPs or Rs. 20 lakhs per NRI employee whichever is lower. The loan amount shall be directly paid to the company and should not be credited to NRI’s a/c’s in India. Additional conditions have been laid down by RBI for the same.
Can a RI borrow money from his close relatives outside India?
the minimum maturity period of the loan is one year;
the loan is free of interest; and
the amount of loan is received by inward remittance in free foreign exchange through normal banking channels or by debit to the NRE/FCNR a/c of the NRI.
A NRI wants to avail loan against her NRO/ NRE FDs. Is she permitted to do so?
She can freely avail loan/ overdraft against securities of her NRO/NRE FDs in India without any monetary ceiling. The end use of the loan amount is however specified under FEMA.
Can a resident Indian and a friend of NRI take loans against the NRO fixed deposit a/c of NRI?
When a NRI uses his credit card, will it be considered as borrowing in India?
It is clarified that use of credit card in India by a person resident outside India shall not be deemed as borrowing or lending in rupees.
Can INR loan/ overdraft granted to RI who subsequently becomes a person resident outside India be continued?
The AD Bank is satisfied, according to his/ its commercial judgment, about the reasons to continue the loan or overdraft;
The period of loan or overdraft shall not exceed the period originally fixed at the time of granting the loan/ overdraft;
So long as the borrower continues to a remain a person resident outside India, the repayment shall be made either by inward remittance from outside India through normal banking channels or from the funds held in NRE/ FCNR/ NRNR/ NRO/ NRSR a/c of the borrower.