Regulation 4 - Borrowing in rupees by persons other than companies in India - Foreign Exchange Management (Borrowing And Lending In Rupees) Regulations, 2000

4. Borrowing in rupees by persons other than companies in India :- A person resident in India, not being a company incorporated in India, may borrow in rupees on non-repatriation basis from a non-resident Indian or a person of Indian origin resident outside India, subject to the following conditions: (i) the amount of loan shall be received by way of inward remittance from outside India or out of Non-resident External (NRE)/Non-resident Ordinary (NRO)/Foreign Currency Non-resident (FCNR)/Non-resident Non-repatriable (NRNR)/Non-resident Special Rupee (NRSR) account of the lender maintained with an authorised dealer or an authorised bank in India, (ii) the period of loan shall not exceed three years; (iii) the rate of interest on the loan shall not exceed two percentage points over the Bank rate prevailing on the date of availment of loan; (iv) where the loan is made out of funds held in Non-resident Special Rupee (NRSR) account of the lender, payment of interest and repayment of loan shall be made by credit to that account; and in other cases, payment of interest and repayment of loan shall be made by credit to the lender's Non-resident Ordinary (NRO) or Non-resident Special Rupee (NRSR) account as desired by the lender; and (v) the amount borrowed shall not be allowed to be repatriated outside India.