Set up of Branch Office/Liaison Office
- Ideal for foreign entities
- For starting business in India
- Simple & Secure Online Process
- Get your RBI compliances
- Get Post Incorporation Assistance
Introduction
“Tax and Services,” your trusted partner in navigating the intricate landscape of legal matters. As experts in the field of taxation and legal services, we understand the importance of strategic business expansion. One avenue that holds immense potential is setting up a Branch or Liaison Office in India, a vibrant and dynamic market with a rapidly growing economy.
Navigating the regulatory landscape of a foreign country can be a daunting task, but with our specialized expertise, we simplify the process for you. India, being a hub of opportunities, offers a favorable environment for businesses looking to establish their presence. Whether you are considering a Branch Office for operational expansion or a Liaison Office for market exploration and representation, we provide comprehensive assistance tailored to your specific needs.
Our team of seasoned professionals possesses an in-depth understanding of Indian legal and tax frameworks. We guide you through the intricacies of compliance, ensuring a seamless and compliant establishment of your branch or liaison office. From initial consultations to the final paperwork, “Tax and Services” is committed to delivering excellence at every step.
At “Tax and Services,” we recognize the unique challenges and opportunities that businesses encounter when venturing into new territories. With a focus on efficiency and compliance, our services are designed to empower you to make informed decisions and optimize your business operations.
Trust us to be your partner in unlocking the full potential of the Indian market. Together, let’s embark on a journey of growth and success. Welcome to a world of possibilities with “Tax and Services.
Conditions for Setup of Branch Office
Welcome to Tax and Services, your trusted partner in navigating the legal landscape. Setting up a branch office is a strategic move that requires careful consideration and adherence to various legal conditions. Here, we outline the essential requirements for the establishment of a branch office:
1. Legal Structure and Registration:
- Choose an appropriate legal structure for your branch office, considering options such as a Limited Liability Company (LLC) or a Corporation.
- Register the branch office with the relevant authorities, complying with local and national regulations.
2. Name and Address:
- Ensure the proposed name of the branch office complies with local business naming regulations.
- Provide a registered office address for the branch office. This address will be used for official communication and legal notices.
3. Regulatory Approvals:
- Obtain necessary regulatory approvals from government bodies or industry-specific regulators before commencing operations.
- Comply with sector-specific regulations that may apply to your business activities.
4. Taxation Requirements:
- Obtain a Tax Identification Number (TIN) for the branch office.
- Understand and comply with local and national tax regulations, including corporate income tax, VAT, and other applicable taxes.
5. Employment and Labor Laws:
- Comply with local labor laws when hiring employees for the branch office.
- Ensure proper documentation and adherence to employment contracts, working hours, and other labor-related regulations.
6. Financial Reporting:
- Maintain accurate financial records in accordance with accounting standards and regulations.
- Submit timely financial reports to regulatory authorities as required.
7. Banking and Finance:
- Open a bank account for the branch office, ensuring compliance with banking regulations.
- Familiarize yourself with currency exchange regulations if your branch deals with international transactions.
8. Intellectual Property Considerations:
- Protect your brand and intellectual property by registering trademarks, patents, or copyrights as applicable.
9. Environmental and Safety Compliance:
- Adhere to environmental and safety standards relevant to your industry.
- Obtain necessary permits and certifications to demonstrate compliance with environmental regulations.
10. Renewals and Compliance Monitoring:
- Keep track of renewal dates for licenses and permits.
- Establish a system for monitoring ongoing compliance with all legal and regulatory requirements.
At Tax and Services, we understand the complexities of legal processes. Seek professional advice to ensure a smooth and legally compliant setup for your branch office. Our expert team is here to guide you through every step of the way, ensuring your business operates within the bounds of the law.
Documents Required for Incorporation
Passport size photo
PAN Card and Aadhar Card of the Authorized representative
Passport of Foreign Nationals
Business Address Proof Owned: Copy of Registry and Latest Electricity / Water Bill / Phone Bill
Business Address Proof Rented/Leased: Rent Agreement / NOC from the Owner and Latest Electricity / Water Bill / Phone Bill
POA/Board Resolution for appointing authorized representative
Specific Documents
Incorporation documents from the parent company translated in English
List of Directors and Shareholders of parent company
Details of shareholders of the applicant company
Audited financial statement of the last Five/Three preceding years
Board Resolution from the parent Company for setting up of branch office / liaison office / project ofice in India
Banker’s Report from the applicant’s banker in the host country
Net worth certificate attested by Certified Public Accountant (CPA)
Board Resolution for Opening Bank Account with the Banker
Process of Liaison /Project Office/Setup Branch Office in India
Complete the Application Form
Document Processing
Application for DSC
Filing of Application with AD Bankers
Approval from RBI for Set up
Preparation and E-filing for Registration with ROC
Get Certificate of Incorporation
More Insight on Indian Subsidiary Registration for Foreigners
- Obtain a Digital Signature Certificate (DSC) for authorized signatories to facilitate secure online transactions and communications with Indian authorities.
- Choose a unique name for the branch office, ensuring it complies with the Ministry of Corporate Affairs (MCA) guidelines.
- Submit the required documents, including the parent company’s board resolution, to the Reserve Bank of India (RBI) for approval to establish the branch office.
- Appoint a Resident Authorized Representative in India for liaising with local authorities and handling legal obligations.
- Open a designated Indian bank account for the branch office to facilitate financial transactions and comply with regulatory requirements.
- Obtain a Tax Deduction and Collection Account Number (TAN) for complying with Indian tax regulations on deducted or collected taxes.
- Register the branch office with the Ministry of Corporate Affairs (MCA) and obtain a Certificate of Registration to operate legally in India.
- Adhere to Goods and Services Tax (GST) regulations by obtaining a GST registration if the branch engages in taxable activities in India.
- Comply with local labor laws by registering under the Employees’ Provident Fund Organization (EPFO) and obtaining a Professional Tax Registration, if applicable.
- Maintain compliance with the Reserve Bank of India (RBI) reporting requirements, submitting periodic reports on the branch office’s financial and operational activities.