Guidelines & Procedures for setting up a Business in India

100% / 51% Subsidiary OR Joint Venture Company in India with Indian Partner

Generally, a Joint Venture (JV) is a way to enter the Indian market in sectors where in there is a legal requirement for a local partner or there is a % cap on foreign investments. But a foreign company with eligibility for a 100% subsidiary can also go through a Joint Venture (JV). A foreign company can set up its operations in India in any sector, except for a 100% ban on foreign investment like defence, agriculture etc., by a strategic alliance with an Indian partner company. Like all the other companies, the Joint ventures are also formed under the Companies Act, 1956. A Joint Venture can exist in with a present Indian company or a new entity with an Indian partner(s). In any of the circumstances, the Indian company, existing or new, has to come forth the Foreign Investment Promotion Board (FIPB) and the Reserve Bank of India, with the foreign partner company with a request intended for approving the planned foreign investment in the specific business and sector.

India is one of the fastest growing economies in the world, which therefore attracts several investors across the globe. However, for foreign companies looking forward to setting up a company in India, the road is quite complex, and moreover involves a lot of approvals, documentation, compliance, and processes alike. For such foreign companies looking for partners in India, A N Gawade & Co works as a reliable and comprehensive local business partner that helps with services such as incorporation of the foreign company in India, complying with the legal aspects of incorporation of the foreign company in India, etc. Scroll down to know more on how we’d help you with every important aspect of India entry services.

Foreign Company Registration in India | Services for Setting up a Subsidiary Company in India

For companies looking forward to setting up a company in India or to a joint venture in India with a foreign company, we offer the following India entry services.

We Offer the following Services

  • Advice on Foreign Exchange Law Matters, Corporate Structuring, Rules & Taxation.
  • Managing finances, Tax and compliance management, repatriation of funds to the foreign entity.
  • Helping to find a joint venture in India with a foreign company
  • Finding partners for foreign companies looking for partners in India.
  • Support in acquiring office space, infrastructure, space/ property to build a manufacturing unit.
  • Liaison with the government offices local, state and central if and as required.

We help both. We help foreign companies looking for partners in India, as well as Indian companies to start a joint venture in India with a foreign company. We are complete business incorporation and India entry services solution. So, don’t struggle with the complexities of setting up a company in India. Get in touch with us at +91-7722063311 or write into us at ang@angca.com, and start your venture out in the most appropriate and compliant manner.

RULES TO SET-UP LIAISON (REPRESENTATIVE) OFFICE, PROJECT OFFICE OR BRANCH OF FOREIGN COMPANY IN INDIA

Apart from the conventional approaches like Joint Ventures and Wholly Owned Subsidiary, a foreign company has few other approaches where in there is not much of an investment but the presence in Indian market can be achieved by a Liaison office or a branch office or a project office.

RBI Denotation

Liaison

‘Liaison Office’ means a place of business to act as a channel of communication between the Principal place of business

Branch

If a foreign business desires to commence trading or business-related conduct in India exclusive of establishment of a company.

Project

‘Project Office’ means a place of business to represent the interests of the foreign company executing a project in India but excludes a Liaison Office.

Permitted Action

Liaison

A representation of the parent company in Indian market ,Endorsement of import-export to and from India worldwide.

Branch

Unlike Liaison office, branch office can carry out imports and exports to and from India to any other country with prior perception of legal authority

Project

A foreign company can start a project office in India for the period of the contractual project taken up by the Indian company.

Sanction/Incorporation

Liaison

An official application on the respective form provided by RBI is to be submitted by the foreign company, Processing: 3-4 weeks.

Branch

An official application on the respective form provided by RBI is to be submitted by the foreign company, Processing: 4-5 weeks.

Project

Unlike other two offices, a project office does not require the approval from RBI but needs to comply with some conditions.

Taxation

Liaison

No business transaction(s) and/or trading activities where in there is any income are not allowed. But the company is liable to file returns as per Income Tax Act u.s 139(1).

Branch

Income earned is taxable in India under the Income Tax Act 1961. The company needs to file in the taxes as complied to any Indian company just with some provisions applicable to a foreign entity.

Project

Income earned is taxable in India under the Income Tax Act 1961. The company needs to file in the taxes as complied to any Indian company just with some provisions applicable to a foreign entity.

Exit Options

Liaison

An application to the regional office of RBI, the office can be closed within 5-6 weeks, when submitted with all the requirements satisfied.

Branch

An application to the central office of RBI, the office can be closed within 6-8 weeks, when submitted with all the requirements satisfied.

Project

If the project office is under RBI approval route, an application to the regional office of RBI, the office can be closed within 5-6 weeks.