India has made its mark on the world map with the rapidly rising growth rate, best human resources, technology advancement and the government supporting and encouraging the ease of business. A physical presence in India is essential to break into the country’s emerging market. There are many entry modes by which a foreign company can establish an entity in India and have access to some of the best human resources in the world.

A body corporate Incorporated outside India (including a firm or other association of individuals), desirous of opening a Liaison Office (LO) / Branch Office (BO) in India have to obtain permission from the Reserve Bank under provisions of FEMA 1999. We, Jain and Partners, will guide through the entire process of setting up the business in India.

ROUTES

Applications for Branch Office/Liaison office will be considered by Reserve Bank under two routes i.e. Reserve Bank Route and Government Route. However, for project offices RBI has granted a general permission and no specific approval is required.

*Note: Without prior permission of the Reserve Bank, no person being a citizen of / registered in Pakistan, Bangladesh, Sri Lanka, Afghanistan, Iran, China, Hong Kong or Macau can establish in India, a Branch or a Liaison Office or a Project Office or any other place of business. However, the entities from Nepal are allowed to establish only Liaison Offices in India.

ELIGIBILITY CRITERIA:

  • For Branch Office and Liaison Office

Requirements

Branch Office

Liaison Office

Profit making track record

immediately preceding 5 financial years

immediately preceding 3 financial years

Net Worth*

> USD 100,000 or equivalent

> USD 50,000 or equivalent

 

  • For Project Office:

A foreign company may open project office/s in India provided

  1. They have secured a contract from an Indian company to execute a project in India, and
  2. The project is funded directly by inward remittance from abroad; or
  3. The project is funded by a bilateral or multilateral International Financing Agency; or
  4. The project has been cleared by an appropriate authority; or
  5. A company or entity in India awarding the contract has been granted Term Loan by a Public Financial Institution or a bank in India for the project. However, if the above criteria are not met, the foreign entity has to approach the Reserve Bank of India, Central Office, for approval.

PERMISSIBLE ACTIVITIES:

Branch Office

Liaison office

 

1. Export / Import of goods.

 

2.Rendering professional/ consultancy services.

 

3. Carrying out research work, in areas in which the parent company is engaged.

 

4. Promoting technical or financial collaborations between Indian companies and parent or overseas group company.

 

5. Representing the parent company in India and acting as buying / selling agent in India.

 

6. Rendering services in information technology and development of software in India.

 

7. Rendering technical support to the products supplied by parent/group companies.

 

8. Foreign airline / shipping company.

1. Representing in India the parent company / group companies.

 

2. Promoting export/ import from/ to India.

 

3. Promoting technical/ financial collaborations between parent/group companies and companies in India.

 

4. Acting as a communication channel between the parent company and Indian companies.

 

 

 

 

 

 

 

 

 

 

 

DOCUMENTS REQUIRED FOR OBTAINING APPROVAL FROM RBI

  1. Two copies of the English version of the Certificate of Incorporation, Memorandum & Articles of association (Charter Document) of the parent company duly attested by the Indian embassy or notary public in the country of registration.
  2. The Latest audited Balance sheet and annual accounts of parent company duly Translated notarized for past Three years. & Certified by Indian Consulate & Directors
  3. Details Relating to address of the proposed local office, number of persons likely to be employed, number of Foreigners among such employees and address of the head of the Local office, if decided
  4. Details of Activity carried out in Home Country by the applicant organization in brief about the product and services of company in Brief.
  5. Bankers Certificate
  6. Latest Proof of identity of all the Directors – Certified by Consulate and Banker in Home Country
  7. Latest Proof of address all of Directors – Certified by Consulate and Banker in Home Country

PROCEDURE FOR REGISTRATION

  1. Filing of application with RBI through AD Bank
  2. Verification of KYC from the Banker of Parent Company
  3. Approval of RBI for Project Office/Liaison office/Branch office Registration in India
  4. Registration of Project Office/Liaison office/Branch with ROC Delhi
  5. PAN Card, Tax Deduction Number and Bank Account Opening
  6. Other Registration and Licenses

THE J&P ADVANTAGE

Our CS Team at J&P handles all kinds of incorporation with utmost due diligence. From documents compiling till the completion of the whole process our team works with utmost care leaving no potential loopholes. Our dedicated team of professionals provides assistance in the whole process and assures efficient working and completion of the matter under consideration.