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Foreign Company Set-ups In India (India Entry Services)

Guidelines & Procedures for setting up a Business in India

100% / 51% Subsidiary OR Joint Venture Company in India with Indian Partner

Generally, a Joint Venture (JV) is a way to enter the Indian market in sectors where in there is a legal requirement for a local partner or there is a % cap on foreign investments. But a foreign company with eligibility for a 100% subsidiary can also go through a Joint Venture (JV). A foreign company can set up its operations in India in any sector, except for a 100% ban on foreign investment like defence, agriculture etc., by a strategic alliance with an Indian partner company. Like all the other companies, the Joint ventures are also formed under the Companies Act, 1956. A Joint Venture can exist in with a present Indian company or a new entity with an Indian partner(s). In any of the circumstances, the Indian company, existing or new, has to come forth the Foreign Investment Promotion Board (FIPB) and the Reserve Bank of India, with the foreign partner company with a request intended for approving the planned foreign investment in the specific business and sector.

India is one of the fastest growing economies in the world, which therefore attracts several investors across the globe. However, for foreign companies looking forward to setting up a company in India, the road is quite complex, and moreover involves a lot of approvals, documentation, compliance, and processes alike. For such foreign companies looking for partners in India, A N Gawade & Co works as a reliable and comprehensive local business partner that helps with services such as incorporation of the foreign company in India, complying with the legal aspects of incorporation of the foreign company in India, etc. Scroll down to know more on how we’d help you with every important aspect of India entry services.

Foreign Company Registration in India | Services for Setting up a Subsidiary Company in India

For companies looking forward to setting up a company in India or to a joint venture in India with a foreign company, we offer the following India entry services.

We Offer the following Services

We help both. We help foreign companies looking for partners in India, as well as Indian companies to start a joint venture in India with a foreign company. We are complete business incorporation and India entry services solution. So, don’t struggle with the complexities of setting up a company in India. Get in touch with us at +91-7722063311 or write into us at ang@angca.com, and start your venture out in the most appropriate and compliant manner.

RULES TO SET-UP LIAISON (REPRESENTATIVE) OFFICE, PROJECT OFFICE OR BRANCH OF FOREIGN COMPANY IN INDIA

Apart from the conventional approaches like Joint Ventures and Wholly Owned Subsidiary, a foreign company has few other approaches where in there is not much of an investment but the presence in Indian market can be achieved by a Liaison office or a branch office or a project office.

RBI Denotation

Liaison

RBI Denotation - Liaison

‘Liaison Office’ means a place of business to act as a channel of communication between the Principal place of business

‘Liaison Office’ means a place of business to act as a channel of communication between the Principal place of business or Head Office by whatever name called and entities in India but which does not undertake any commercial /trading/ industrial activity, directly or indirectly, and maintains itself out of inward remittances received from abroad through normal banking channel.

Branch

RBI Denotation - Branch

If a foreign business desires to commence trading or business-related conduct in India exclusive of establishment of a company.

If a foreign business desires to commence trading or business-related conduct in India exclusive of establishment of a company/ investing into an Indian business, the foreign company has an option to open a branch with respect to the approval from RBI.

Project

RBI Denotation - Liaison

‘Project Office’ means a place of business to represent the interests of the foreign company executing a project in India but excludes a Liaison Office.

Permitted Action

Liaison

Permitted Action- Liaison

An official application on the respective form provided by RBI is to be submitted by the foreign company, Processing3-4 weeks.

  • A representation of the parent company in Indian market.
  • Endorsement of import-export to and from India worldwide.
  • Endorse techno-financial partnership between foreign group and/or individual companies the companies in India.
  • As the name suggests, the office is for liaison channel between two or more parties.

Branch

Permitted Action - Branch

An official application on the respective form provided by RBI is to be submitted by the foreign company, Processing4-5 weeks.

  • Unlike Liaison office, branch office can carry out imports and exports to and from India to any other country with prior perception of legal authority.
  • Provide qualified and specific consultancy services.
  • Endorse techno-financial partnership between foreign group and/or individual companies the companies in India.
  • The branch can also represent itself as a buying and selling agent for its parent company.
  • IT and software development is also a part of provisions that a branch office can follow.
  • The branch office is allowed as technical support advisor of the products supplied by the parent company or a group of companies.
  • Can process operations as a foreign airline/shipping business

Project

Permitted Action - Project

Unlike other two offices, a project office does not require the approval from RBI but needs to comply with some conditions.

  • A foreign company can start a project office in India for the period of the contractual project taken up by the Indian company. This does not require permission from the RBI for proceeding.
  • A project office has the authority and ability of operating a bank account in India for a period of its presence.
  • Incurred expenses can be satisfied only by inward remittance under the authorised contractor.
  • An outward remittance is permitted under special circumstances subject to prior approval and meets the obligation requirements.

Sanction / Incorporation

Liaison

Sanction/Incorporation - Liaison

No business transaction(s) and/or trading activities where in there is any income are not allowed. But the company is liable to file returns as per Income Tax Act u.s 139(1).

  • An official application on the respective form provided by RBI is to be submitted by the foreign company.
    Processing3-4 weeks.
  • There is restriction of monetary earnings for a liaison office in India. All the expenses are to be incurred by the head office in the parent company in the parent country.

Branch

Sanction/Incorporation - Branch

Income earned is taxable in India under the Income Tax Act 1961. The company needs to file in the taxes as complied to any Indian company just with some provisions applicable to a foreign entity.

  • An official application on the respective form provided by RBI is to be submitted by the foreign company.
    Processing4-5 weeks.
  • A registration at the RoC is required to be done by the foreign company.
    Ones approved by RBI, the branch office can operate bank accounts for the purposes such as meeting expenses and repatriate profits incurred by the business in India after some compliance are met.

Project

Sanction/Incorporation - Project

Income earned is taxable in India under the Income Tax Act 1961. The company needs to file in the taxes as complied to any Indian company just with some provisions applicable to a foreign entity.

  • Unlike other two offices, a project office does not require the approval from RBI but needs to comply with some conditions.

    • The funding for project and project office is to be availed directly from inward remittance.
    • An international financing agency, bilateral or multilateral, is the fund house for the project.
    • The project is approved by relative authority.
    • The Indian counterpart to whom the project is allotted has acquired a term loan from by PFI or bank in India.

    Anything not mentioned above is the case should be approved by RBI.

Taxation

Liaison

No business transaction(s) and/or trading activities where in there is any income are not allowed. But the company is liable to file returns as per Income Tax Act u.s 139(1).

Branch

Income earned is taxable in India under the Income Tax Act 1961. The company needs to file in the taxes as complied to any Indian company just with some provisions applicable to a foreign entity.

Project

Income earned is taxable in India under the Income Tax Act 1961. The company needs to file in the taxes as complied to any Indian company just with some provisions applicable to a foreign entity.

Exit Options

Liaison

An application to the regional office of RBI, the office can be closed within 5-6 weeks, when submitted with all the requirements satisfied.

Branch

An application to the central office of RBI, the office can be closed within 6-8 weeks, when submitted with all the requirements satisfied.

Project

Exit Options - Project

If the project office is under RBI approval route, an application to the regional office of RBI, the office can be closed within 5-6 weeks.

If the project office is under RBI approval route, an application to the regional office of RBI, the office can be closed within 5-6 weeks, when submitted with all the requirements satisfied. If it is a general route project office then the office is to inform the dealer before closing.

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Email : ang@angca.com

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Phone : +91-7722063311

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A.N GAWADE & CO  LLP
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Pune head office address

7, Saraswati Heights,Behind Goodluck Cafe, Deccan Gymkhana, Pune -411004
Phone : +91-7722063311
Email : ang@angca.com

Pune branch office address

Tulasi Green, Office 1, B/H- D-Mart, Baner Road, Nandan Prospera Rd, Laxman Nagar, Baner, Pune, Maharashtra 411045
Phone : +91-9420442921
Email : ang@angca.com

Mumbai branch address

A.N GAWADE & CO  LLP
5B, Maker Bhavan, No 2, 5th Floor,S V Thackersy Marg,New Marine Lines,
Mumbai-400020.
Mobile : +91-8983424134
Email : ang@angca.com