Liaison Office Registration
Branch Office Registration of Foreign Company @ $1599
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Table Of Content
Liaison Office Registration
Important Points to Register Liaison or Representative Office
Net Worth Requirement
The foreign parent company must have a profitable track record of three years in a row & the net worth must be more than $ 50,000 attested by their auditors.
No Income Generating Activity
The liaison office can not earn any income in India, and the parent company must finance all its operations. An undertaking from the parent company is required.
Name & New Office
The name must be same as that of the foreign parent company, and for each new office of such liaison office, a new approval is required from RBI with justification.
Taxation in Indian
The income tax on a Liaison Office can be imposed by Indian tax authorities when it is established that the transaction amounts to commercial operation through PE.
List of Documents for Liaison Office Registration
|S.No||A. Mother/Parent Company (If Applicable)||B. The Authorized Signatory|
Certificate of Incorporation / Registration of Foreign Company
Colour Photo - 5
Memorandum of Association (MOA) and Articles of Association (AOA)
Passport - 5 Copy
List of Details in respect of Directors/Key Executives
Business Visa Copy with Immigration Stamp of arrival
Details of shareholders of the applicant company
National Identity Card - 5 Copy
Net worth certificate attested by Certified Public Accountant (CPA)
Latest Address Proof (Bank Statement/ Electricity/ Water Bill/ Phone Bill)
Audited financial statement of the last Three preceding years
Board Resolution Appointing the AR
Banker’s Report from the applicant’s banker in the host country
Power of Attorney in the name of AR
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Preparation & Documentation for Registration of Liaison Office
The establishment of place of business in India for a foreign company/corporation is governed by the Foreign Exchange Management (Establishment in India of a branch office or a liaison office or a project office or any other place of business) Regulations, 2016. For the purpose of setting up a liaison office following is the most important qualifications.
- No income generating activity is permitted
- The networth of foreign head office must be above $ 50,000
- The applicant company should have profitability track record of three years.
Only four kinds of activities are permitted for the liaison office, please refer – Permittd Activities for Liaison Office for details
- Board Resolution approving the opening of the liaison office in India
- Declaration from the applicant on FDI eligibility and source of fund
- Declaration about the nature of the activity, the location of the activity of proposed LO and nature of the activity, the location of activity of the applicant company.
- Form FNC
- Letter of Comfort form holding company
Process & Timeline for Liaison office Registration in India
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Frequently Asked Questions
Following documents are required for registration of a liaison office of the foreign company
- Certificate of Incorporation or business license of parent company
- Charter issued to the foreign company by the government
- Memorandum of Association or Articles (Rules of the Company)
- A declaration from the foreign corporation (parent company) that the parent company shall meet any shortfall in meeting the expenses of branch office
- Three years historical Financial Statement of the parent company duly attested by its auditors
- A certificate from the auditors of the parent company that the net worth of the parent co is more than $ 50,000 or its equivalent.
- The identity and address proof of the responsible person to do compliance for the branch office in India.
- Premises proof, where the branch office shall be registered
- A No objection certificate from the owner of the premises of office.
- In case the document is in the foreign language, then a certified translation thereof must be filed.
- All the document having foreign origin shall be legalised as per Hague convention or by the Indian embassy, high commission.
After approval of the RBI for establishing a Liaison office in India by a foreign company is obtained the same need to be registered with the ROC within 30 days by filing form FC-1 with the digital signature of the authorised person and following documents as annexure
- A certified copy of the charter, statutes or memorandum and articles, of the company or other instrument constituting or defining the constitution of the company and, if the instrument is not in the English language, a certified translation thereof in the English language;
- The full address of the registered or principal office of the company;
- A list of the directors and secretary of the company containing such particulars as may be prescribed;
- The name and address or the names and addresses of one or more persons resident in India authorized to accept on behalf of the company service of process and any notices or other documents required to be served on the company;
- The full address of the office of the company in India which is deemed to be its principal place of business in India;
- Particulars of opening and closing of a place of business in India on earlier occasion or occasions;
- A declaration that none of the directors of the company or the authorized representative in India has ever been convicted or debarred from the formation of companies and management in India or abroad; and Any other information as may be prescribed.
- Sri Lanka,
- Hong Kong,
- Or any application for opening of a branch office in Jammu & Kashmir, North East Region and Andaman and the Nicobar Islands.