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Ways to Enter in India for a Foreign Company

Liaison Office or Representative Office in India

Project Office in India


Branch Office of the Foreign Company in India

Liaison Office Or Representative Office In India

A Liaison Office, also known as a Representative Office, serves as a business channel between a company’s principal place of business or head office and entities in India. It does not conduct any commercial, trading, or industrial activities, either directly or indirectly, and operates solely through inward remittances received from abroad via standard banking channels.

A Liaison Office Can Undertake The Following Activities In India

  • Representing the parent company or its group companies in India
  • Promoting exports from or imports to India
  • Supporting technical or financial collaborations between the parent/group companies and companies in India
  • Acting as a communication bridge between the parent company and Indian entities
  • Project Office In India

    The Reserve Bank of India (RBI) grants general permission for foreign companies to establish a Project Office in India, provided they have secured a contract from an Indian company to execute a project within the country.

    Project is funded directly by inward remittance from abroad.

    Project is funded by a bilateral or multilateral financing agency.

    Project has been cleared by an appropriate authority.

    Company awarding the contract has been granted a term loan by a public financial institution or bank for the project.

    Procedure for Foregin Company Registration

    Once a name for the company is decided, the following steps have to be taken by the applicant.

    1
    PAN Card, Tax Deduction Number & Bank A/c Opening

    Income Tax Department allots a unique 10 Digit alphanumeric number as a permanent account number, also known as PAN Number. To comply with TDS provisions, every taxpayer needs to obtain a Tax Deduction Account Number. These identification numbers are essential to do compliance with the tax rules. The bank account of the branch office can be opened after allotment of Pan Number by the Income Tax Department..

    2
    Filing of Application with RBI through AD Bank

    The application for registration of a office of a foreign company is filed in FNC to the reserve bank of India through AD Bank (Authorised Dealer). The AD Bank plays a crucial role as all the communication to the RBI has to be routed through them. We have excellent relationship with many banks in India, which certainly help in applying to the RBI and Follow up

    3
    Verification of KYC from Banker of Parent Company

    After FNC Form is filed with the AD Bank, a request for verification of documents is sent to the banker of the foreign company. This process is also known as swift based verification. After receipt of confirmation of the documents from the foreign banker, the application is submitted to the RBI for their approval. The RBI may seek clarification or any additional document which need to be submitted.

    4
    Approval of RBI for Office Registration in India

    For approval of the establishment of a office in India the Reserve Bank of India is the authority, which is also the central bank of India. The decision of RBI is on the case to case basis, and there is no standard rule which applies in all cases. After approval RBI allots a unique number to the office known as UIN. Usually, RBI decides within 2-4 months subject to its assessment being satisfactory.

    5
    Registration of office of Foreign Company with the ROC

    After approval of the RBI for the establishment of the office in India, an application for registration of such office of the foreign company is filed within 30 days to the ROC. In case there are Indian directors the DIN number of such director is needed, and the digital signature of the authorised signatory is required to e-file statutory forms with the ROC for their approval..

    6
    PAN Card, Tax Deduction Number & Bank A/c Opening

    Income Tax Department allots a unique 10 Digit alphanumeric number as a permanent account number, also known as PAN Number. To comply with TDS provisions, every taxpayer needs to obtain a Tax Deduction Account Number. These identification numbers are essential to do compliance with the tax rules. The bank account of the office can be opened after allotment of Pan Number by the Income Tax Department..

    7
    Other Registration and Licenses

    After the office is operational, there are various other compliance related activities, which depends on the nature of the business and the state-specific laws, which apply to all entities doing commercial activities. For example registration under shops and establishment act, Goods and Services Tax (GST), Professional Tax Act, Provident Funds Act, Employee State Insurance Act (ESIC), etc.

    Branch Office Of The Foreign Company In India

    Foreign companies can establish a Branch Office (BO) in India with approval from the RBI, along with registration through the Registrar of Companies (ROC) and other necessary business registrations. A Branch Office is allowed to carry out all activities permitted for a Liaison Office and can additionally offer consultancy or technical support related to its products or services in India. It can import and export goods and also act as a buying or selling agent within the country. However, a Branch Office is not permitted to engage in the production or processing of goods in India, either directly or indirectly. Typically, the Branch Office’s operations should align with the business activities of its parent company. Profits generated by Branch Offices in India can be freely remitted abroad, subject to applicable tax payments.

    PERMITTED ACTIVITIES FOR BRANCH OFFICE

  • Export or Import of goods.
  • Rendering professional or consultancy services
  • Carrying out research work, in areas in which the parent company is engaged.
  • Promoting technical or financial collaborations between Indian companies and parent or overseas group company.
  • Representing the parent company in India and acting as buying/selling agent in India.
  • Rendering services in information technology and development of software in India.
  • F. A. Q.

    A: Any foreign company can establish its place of business in India by filing eForm FC-1 (Information to be filed by foreign company).Note: The eForm needs to be digitally signed by authorized representative of the foreign company. There is no need to apply and obtain DIN for Directors of a foreign company. However, it is mandatory to register the DSC of the authorized representative of the foreign company via associate DSC service available at MCA portal

    A: "Yes a foreign Company can become a Parent company of the Indian Subsidiary holding 100% shares. Indian Laws allow you to retain 100% ownership by subscribing shares of Indian company."

    A: The name must be unique and must not be resembling with any other company already registered in India. However, we can insist on getting the similar name as that of a parent company.

    A:A branch office of a foreign mother company is not treated as a separate and distinct entity in India and for all tax purposes, the Indian government taxes the profits of such entities at higher rates. As of now the Income Tax on the profit of a foreign company is 40% in contrast to the tax rate of 30% on an Indian company.

    A: The RBI is empowered to approve the establishment of a liaison office in India, under master direction dated January 01, 2016 for the establishment of a place of a foreign corporation the powers have been delegated to any AD Category 1 Banker