Get Your Foreign Company Branch Office Registered Easily

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Why Does One Need to Set up His Foreign Company Branch Office in India?

It becomes very easy for a foreign company to run their business in India, they just have to register a branch. The approval of the branch office registration is given by the Reserve Bank of India (RBI).

As a Foreign National, One can incorporate a Company in India. However out of Two Directors, One Director has to be resident in India.

With the opening of a branch office the foreign company can enjoy the liberty of operating full fledged business in India.

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Activities That Branch Office Can Perform

  • It can conduct import & export of goods
  • Provide professional and consultant services
  • To conduct research activity in all those spheres where parent company is already actively involved
  • Boosting technical/financial collaboration on behalf of the parent company
  • Working as a representative of a parent company in India and performing work of a buying/selling agent
  • Delivering IT services and developing software in India
  • Indulging in the service of technical support for the products supplied by the parent company
  • To work as an approved representative for a foreign shipping or airline company in India

Important Points to Consider Before Applying for Branch Office Registration

The name of the Branch must be similar to that of the parent company. Here is a list of facts that one should keep in their mind before applying for branch office registration:

1. Net worth requirement

It is necessary for a foreign parent company to have a beneficial track record of the past five working years in a row with the net worth of more than $ 1,00,000.

2. Profit remittance allowed

The amount of profit earned by the branch office can be remitted from India to the parent company, once the payment of all taxes is cleared and audit of all books is done.

3. Taxation in India

The income tax applicable on the profits of the branch office of the foreign parent company in India is 40%, surcharges are also applicable. GST is imposed on the supply of goods and services.

Foreign Office Branch Setup Service Pricing

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Documents Required for Branch Office Registration

Documents have to be latest and eligible.

  • Certificate of Incorporation
  • Memorandum of Association
  • Articles of Association
  • Complete details of Directors and Key Executives of the company
  • Complete details of the shareholders of the applicant company
  • Net worth certificate attested by Certified Public Accountant (CPA)
  • Last five preceding year’s audited financial statement
  • A report from applicant’s banker in the host country
  • 5 copies of passport
  • 5 passport size photographs
  • A copy of Business Visa with Immigration Stamp of arrival on it
  • 5 copies of National Identity Card
  • Latest Address Proof (Electricity Bill/ Phone Bill/ Water Bill/ Bank Statement)
  • Power of Attorney in the name of AR
  • Board Resolution appointing the AR

Eligibility Criteria for Branch Office Registration

For setting up Branch Office in India, it is necessary for the company to fall under the following criteria:

  • It can conduct import & export of goods
  • Provide professional and consultant services
  • To conduct research activity in all those spheres where parent company is already actively involved
  • Boosting technical/financial collaboration on behalf of the parent company
  • Working as a representative of a parent company in India and performing work of a buying/selling agent
  • Delivering IT services and developing software in India
  • Indulging in the service of technical support for the products supplied by the parent company
  • To work as an approved representative for a foreign shipping or airline company in India

Branch Office Registration Process in India

  • Application for digital signature of authorised signatory
    Nowadays, the process of application filing to the registrar is done in digital format. That's why to authenticate the process of application filling digital signature is required of the proposed shareholders and directors.
  • Filing of application with RBI through AD bank
    Branch office applications for a foreign company are filed in FNC. This application is filed to the RBI via AD (Authorised Dealer) bank. In this AD bank plays an important role as all the communication to RBI is dispelled through them.
  • Verification of KYC from banker of parent company
    A request pertaining to the scrutiny of documents is sent to the foreign company’s banker. This process of verification is known as swift based verification. Once the documents are confirmed from the foreign banker the application is preceded for the approval purpose.
  • Approval of RBI for branch office registration
    A specific policy is followed for approving the branch office in India by the AD Banker itself. Priority is given to the cases where an automatic route is not available.
  • Registration of Branch Office with ROC
    Once the approval is received from RBI for the establishment of Branch Office in India, an application is filed in form FC-1 for branch office registration of the foreign company within 30 days of such approval. DIN and digital signature is required.
  • PAN card, Tax deduction number and bank account opening
    PAN number is issued by the Income Tax Department of India. Once it is obtained, the branch office can open a bank account and it is necessary to obtain Tax Deduction number in order to obey all the TDS norms.
    GST registration and IEC
    On obtaining a Bank Account and cheque book the need arises for a copy of the check for making an application for GST registration and Import Export Code.

Frequently Asked Questions (FAQs)

Here are some commonly asked questions about this topic.

What are the conditions for opening a branch office in India?

The branch office of an outside organization can be opened if the candidate remote company has a reputation of profit generation for as far back as 5 years and it is monetarily solid.

What are the allowed activities for a branch office in India of a foreign entity?

  • It can conduct import & export of goods
  • Provide professional and consultant services
  • To conduct research activity in all those spheres where the parent company is already actively involved
  • Boosting technical/financial collaboration on behalf of the parent company
  • Working as a representative of a parent company in India and performing work of a buying/selling agent
  • Delivering IT services and developing software in India
  • Indulging in the service of technical support for the products supplied by the parent company
  • To work as an approved representative for a foreign shipping or airline company in India

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