Branch Office registration online in India with REGISTRATION MITRA

Starts from INR ~~19,999~~/- 14,499 only

Inclusions

Free advisory by experts
Approval from RBI
Registration with ROC
PAN & TAN of the Office
Assistance in opening of Bank Account

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Branch Office Registration In India

The Foreign Exchange Management Act (FEMA) defines Branch Office in India in relation to a company, means any establishment described as such by the company”. A branch office in India is a suitable business model for foreign companies looking to establish a temporary presence in India. The branch office serves as an extension of the head office business and carries on the same business and activity as that of its parent company.

As a Branch Office (“BO”) in India, foreign companies can conduct full-fledged business in India. BO can carry the same or substantially the same manufacturing or trading activities as carried out by their parent or group companies with specific approval of the Reserve Bank. However, BO is not allowed to directly carry out manufacturing activities though it is permitted to sub-contract these services to an Indian manufacturer.

Retail trading activities of any nature is not allowed for a Branch Office in India. A Branch Office is not allowed to carry out manufacturing or processing activities in India, directly or indirectly. Profits earned by the Branch Offices are freely remittable from India, subject to payment of applicable taxes.

Eligibility Criteria to register a Branch Office in India

Profit making track record : Preceding 5 financial years
Minimum Net worth : US$1,00,000 or equivalent*
Activity : No manufacturing and retail trading activity

NOTE:

* Must be verified by the most recent audited balance sheet or account statement.

Permitted activities to register a Branch Office in India

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.
Representing a foreign airline/shipping company.

Documents Required

Name and address of the branch office in India
Copy of the Certificate of Incorporation / Registration; Memorandum of Association and Articles of Association duly notarized and apostilled in the country of registration.
Audited Balance sheet of the applicant company for the last five years in case of branch office.
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.
Power of attorney or board resolution in favor of the authorized representative

Address proof of Registered business address of the office, i.e.
- Electricity Bill or Telephone Bill or Gas Bill not older than 1 month
- NOC from the landlord in the name of the office
Declaration that none of the directors of the company or the authorized representative in India has ever been convicted or debarred from formation of companies and management in India or abroad
List of directors and secretary of the foreign company
Name and address of the company’s official representative based in India (the person authorized to accept delivery of notices and documents served to the company).

Note: All the documents of Foreign Individuals or body corporates should be duly Apostilled or Consularized and notarized by Native Country.

Advantages of Branch Office in India

Fewer on-going formalities as compared to other business entities.
Greater level of control to the parent company.
Easy to shut down.

No repatriation tax on remittance of profit overseas.
Uncomplicated set-up formalities
No tax on dividends

Registration Procedure

Step 1
Application to RBI
- The first step is to submit an application in Form FNC (As per Annex C of 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) to an Authorized Dealer Category-I bank along with the requisite documents.
- The AD Category-I bank shall after exercising due diligence and compliance with the extant KYC norms grant approval to the foreign entity for establishing BO in India as per the directions and/or guidelines issued by the Reserve Bank in this regard.
Step 2
Obtain a Digital Signature Certificate (DSC)
- The next step is to obtain Digital Signature Certificates for the authorized representative.
- Digital Certificates are the digital/ electronic equivalent of physical signatures.
- MCA accepts applications only if the DSC are affixed on it so as to ensure the authenticity of application of registration.
- Hence, to file the application online one needs to obtain DSC.
Step 3
Filing the application for registration with ROC
- The final step is to prepare & file the application for registration of office
- This application has to be filed within 30 days from the date of approval by RBI.
- The application is filed online in Form No. FC-1 along with relevant documents.
Step 4
Certificate of Registration
- On receipt of the application, If MCA feels that the application filed is complete in all respects, it will issue a Certificate of Registration within 7 days, OR
- On receipt of the application, If MCA needs any additional information or clarification, then they will give an opportunity to resubmit all the documents with the additional information or clarification. Once they are satisfied that the application is complete or the clarification is they will issue the Certificate of Registration.

Register For A Setting Up Branch Office In India With Registration Mitra

We at Registration Mitra can help you in setting up a Branch office in India. Our dedicated team will help you with the entire process from RBI Approval to registration under Companies Act to post registration Compliances. Anyone looking for Branch Office in India can contact Registration Mitra for a quick and reliable solution.

How Registration Mitra helps in this Entire Process

Proper Advice and research

Our experts will advice you throughout the process for registration

Drafting of documents and application

We will draft the required supporting documents and application for submission with the RBI and Registrar of companies.

Online application

We will prepare the online application in in Form FNC and Form FC-1 and submit the same for approval of ministry.

Follow-up

After submission, we will keep following the authorities for getting approval and update you accordingly.

Other registrations

After getting Certificate of Registration and RBI approval, we will apply for other registrations.