Branch & Liaison Offices in India

Establish your business presence in India through Branch Offices or Liaison Offices with expert guidance from Akshay Vora & Associates.

Understanding Branch & Liaison Offices

Branch Offices and Liaison Offices are two distinct forms of business presence that foreign companies can establish in India without incorporating a separate legal entity.

Branch Office (BO)

A Branch Office represents a foreign company in India and can engage in business activities such as export/import, professional or consultancy services, research, and technical support for products supplied by the parent company.

Liaison Office (LO)

A Liaison Office acts as a representative office for the foreign parent company. It can promote business interests, explore market opportunities, and facilitate technical/financial collaborations, but cannot engage in any commercial, trading, or industrial activity.

Branch Office vs. Liaison Office

Understanding the key differences between these two business structures is crucial for making the right choice.

Feature
Branch Office
Liaison Office
Business Activities
Can conduct business operations and generate revenue
Cannot conduct business operations or generate revenue
Purpose
Extend foreign company's business activities in India
Act as a communication channel between parent company and Indian businesses
Taxation
Taxable in India on income arising in India
Not subject to tax as it cannot generate income
Repatriation
Can repatriate profits after paying applicable taxes
Expenses are met through inward remittances from parent company
Approval Process
RBI approval required, more scrutiny
Simpler approval process through RBI
Duration
Can operate for longer periods with renewals
Usually approved for 3 years initially, extensions possible

Eligibility Requirements

Foreign companies must meet certain criteria to establish Branch or Liaison Offices in India.

Branch Office Eligibility

  • The foreign company should have a profitable track record for the preceding 5 years in the home country
  • Net worth of not less than USD 100,000 or equivalent
  • The business activity proposed should be within the permitted sectors
  • Compliance with RBI guidelines and FEMA regulations

Liaison Office Eligibility

  • The foreign company should have a profitable track record for the preceding 3 years in the home country
  • Net worth of not less than USD 50,000 or equivalent
  • The purpose should be limited to representing the parent company and undertaking permitted activities
  • Compliance with RBI guidelines and FEMA regulations

Establishment Process

Our team guides you through every step of establishing your Branch or Liaison Office in India.

1

Initial Consultation

We assess your business needs and objectives to determine the most suitable structure for your Indian presence.

2

Documentation Preparation

We help prepare all necessary documents, including Form FNC, Certificate of Incorporation, and financial statements.

3

RBI Application

We submit the application to the Reserve Bank of India (RBI) through an Authorized Dealer Category-I bank.

4

RBI Approval

We follow up with the RBI to obtain approval for establishing the Branch or Liaison Office.

5

Post-Approval Registrations

We handle all post-approval registrations, including PAN, TAN, GST (for Branch Office), and other statutory requirements.

6

Bank Account Opening

We assist in opening a bank account for the Branch or Liaison Office in India.

7

Ongoing Compliance

We provide ongoing compliance support for annual filings, RBI reporting, and other regulatory requirements.

Ongoing Compliance Requirements

Branch and Liaison Offices must adhere to various regulatory and compliance requirements.

Annual Activity Certificate

Annual submission of an Activity Certificate from a Chartered Accountant to the RBI through the AD Category-I bank.

Annual Financial Statements

Filing of audited financial statements with the Registrar of Companies (ROC) and tax authorities.

Tax Compliance

For Branch Offices, timely filing of income tax returns and other tax-related documents.

FEMA Compliance

Adherence to Foreign Exchange Management Act (FEMA) regulations for foreign remittances and transactions.

Ready to Establish Your Branch or Liaison Office in India?

Our team of experts will guide you through every step of the process, ensuring a smooth and compliant establishment of your Indian presence.