Foreign Branch Office RegistrationWhile opening and set up of foreign branch office in India stated to specific set of rules and guidelines complied under the New Companies Act 2013. Every branch office of foreign company in India need to register under New Companies Act 2013 where it is mandatory to take permission from Reserve Bank of India. Only after foreign branch office registration in India; a foreign company can operate its branch office and can work as a domestic company. But there are boundaries and restrictions under which these foreign branch office needs to perform its activities. Like these foreign offices are not allowed to carry their own manufacturing segment here in India. Besides these; below are the areas where branch offices of foreign companies can operate their corporate activities.
- Import or export of goods.
- Carry any of the research activities that need parent company to get included.
- Can render information technology services like software services.
- Can collaborate with Indian companies from the way of technically and financially.
- Foreign airline/shipping Company
- Can offer consultancy services under any profession.
- Can offer technical support services to the products that are being supplied by group or parent companies.
- Can operate foreign banks.
Steps for Setting up a Branch or Representative Office of a Foreign Company
- The application of granting permission for branch office need to submit to Reserve Bank of India that should be signed by the authorized signatory of the same foreign company and application should in the prescribed form FNC.
- Copies of audited Profit & Loss Account and Balance Sheet of last three years. Where the company should have profit making record from the last consecutive five years and that should be in the home country.
- There is restriction on the part of BO where is not allowed to carry any of the trading activity in India.
- Submit Memorandum & Articles of Association, Company’s Certificate of Incorporation, copy of the board resolution as a proof of opening office in India and all are in English version.
- Business scope means why to open branch office of a foreign company in India like details of vendors and customers.
- Brief description of company’s profile including list of group companies etc.
- Notarized power of attorney and that should be in favor of a local representative.
- The worth of company should not be less than USD 1,00,000 or its equivalent.
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