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Branch Office set up

A foreign company can freely operate in India by registering a branch by obtaining approval of the reserve bank of India through AD category 1 Banker and further registration of the foreign company with the ROC. Such a branch office is treated as a foreign entity and is subject to higher Income Tax @ 40%.

Eligibility Criteria For Branch Office Set Up

 The foreign parent company must have a profitable track record of five years in a row with a net worth of more than $ 1,00,000/- duly supported by financial statement.

 The profits of the branch office are freely allowed to be remitted from India to its parent company after payment of applicable taxes, after the audit if books of A/c.

 The name must be the same as that of the foreign parent company, and for each new office of such a branch office, a fresh approval is required from RBI with justification.

Registration Process

 Application for Digital Signature of Authorised Signatory – 0-1 Days

 Drafting of Government Forms and Documents- 3-5 days

 Legalisation of Documents- 7-14 days

 Filing of Application with RBI through AD Bank 3-5 days

 Verification of KYC from Banker of Parent Company- 7-10 days

 Approval of RBI for Branch Office Registration in India- 10-15 days

 Registration of Branch Office with the ROC- 3-5 days

 PAN Card, Tax Deduction Number & Bank A/c Opening- 3-5 days

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Documents Required For Startup India Certificate

 Certificate of Incorporation / Registration of Foreign Company

 Memorandum of Association (MOA) and Articles of Association (AOA) OF Foreign Company

 List of Details in respect of Directors/Key Executives

 Details of shareholders of the applicant company

 Net worth certificate attested by Certified Public Accountant (CPA)

 Audited financial statement of the last Five preceding years

 Banker’s Report from the applicant’s banker in the host country

 Colour Photo of Authorised representative- 5

 Passport - 5 Copy

 Business Visa Copy with Immigration Stamp of arrival

 National Identity Card - 5 Copy

 Latest Address Proof (Bank Statement/ Electricity/ Water Bill/ Phone Bill)- Not older than 2 months old

 Board Resolution Appointing the AR

 Power of Attorney in the name of AR