Branch Office

Branch Office Package

Branch offices are extensions of the foreign company and do not constitute a body corporate of its own and the branch office can carry on its business activities in the same way as a domestic company.

ELIGIBILITY 

For Branch Office — a profit making track record during the immediately preceding five financial years in the home country.

Net Worth [total of paid-up capital and free reserves, less intangible assets as per the latest Audited Balance Sheet or Account Statement certified by a Certified Public Accountant or any Registered Accounts Practitioner by whatever name], not less than USD 100,000 or its equivalent

 

Foreign companies are allowed to setup branch office in India after obtaining the requisite approval from the Reserve Bank of India (RBI). Permission to set up such offices is initially granted for a period of 3 years and this may be extended from time to time by the Authorized Dealer in whose jurisdiction the office is set up. 

 

Branch Office to conduct the following activities:

Export/Import of goods

Rendering professional or consultancy services.

Carrying out research work, 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

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

Foreign Airline/shipping Company

 

Advantages

Unlike a liaison office, branch offices can generate revenue from the sales in the local market and repatriate the profits to the foreign parent company.

Funding is possible through the receipts from the parent company and from business operations in India.

Branch offices set up with the approval of RBI, may remit outside India profit of the branch, net of applicable Indian taxes and subject to RBI guidelines.

 

Restrictions

A branch office cannot carry on any manufacturing activities. Manufacturing activities can be carried on only through the means of a company incorporated in India.

Retail trading activities of any nature is not allowed for a Branch Office in India.

1. Copy of the Certificate of Incorporation / Registration and Memorandum and Articles/ Charter of the company attested by the Notary Public in the country of registration

2. Latest Audited Balance sheet of the applicant company.

3. Bankers' Report from the applicant’s banker in the host country / country of registration showing the number of years the applicant has had banking relations with that bank.

4. Last 3years balance sheet of foreign company

5. Certified copy of the charter, statutes, or memorandum and articles of the company or other instrument constituting or defining the constitution of the company

6. List of directors and secretary of the foreign company

7. Power of attorney or board resolution in favor of the authorized representative

8. Lease agreement and NOC from owner of office premises.

9. Income Tax PAN of the Authorized representative

10. Other documents as required by Reserve Bank of India or Registrar of Companies

 

INFORMATIONS REQUIRED

1. Full name and address of the applicant 

2. Telephone Number(s), Fax Number(s) and E-mail ID 

3. Paid-up capital 

i) Free Reserves/Retained earnings as per last audited Balance Sheet/Financial    Statement 

ii) Intangible assets, if any 

4. Brief description of the activities of the applicant. 

5. Value of goods imported from and / or exported to India by the applicant during each of the last three years 

6. Name and address of the banker of the applicant in the home country, Telephone & Fax Number and E-mail ID 

7. Details of the activities/ services proposed to be undertaken/ rendered by the office  in India 

8. Place where the office will be located, Phone number and E-mail ID 

9. Expected number of employees (with number of foreigners) 

 

30-60 working days are required to get the approval from Reserve Bank of India (RBI). After getting approval from RBI, necessary documents will be filed to Registrar of Companies (ROC).

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