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Foreign Branch Office in India – No Surprises

Package inclusions: 1. Drafting of the incorporation Documents 2. Approval from RBI & follow up 3. Issuance of Certificate of Incorporation 4. Registration with Local police. 5. Opening of Bank Account 6. Account Maintenance and Payroll Services
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Branch Office by Foreign National

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Overview

Overview

The branch offices are the special offices of the company, which are based in different locations to carry out the company’s activities in that area. The branch office can execute many activities including the expansion of business. The ways of branch office establishment can be different as it depends on the business objective and the mission for which the foreign company is coming to India. India being a country with a high population and the huge potential of the business is a favorite destination for many foreign companies.

If the intention is the study of the Indian market and business then, it would be better for you to set up a liaison or representative office of the foreign company. Meanwhile, if you are planning to take orders but, the item or products will be delivered from the main office then, a branch office of the foreign company would be best. However, the tax on the profit of foreign companies is 40% in comparison to the Indian companies, where it is 30% only.

If you are planning for a branch office of your company in India then, you should get yourself acquainted with the complete process. You can establish a Branch office in India by obtaining a prior approval of RBI or Reserve Bank of India. A branch can be established for various purposes, and there are some terms and conditions to be followed for starting a branch office in India.

Requirements for establishing a branch office in India:

 

  •  Minimum two Directors.
    As per Companies Act, 2013 there must be at least 2 Directors in a Private Limited company therefore the 1 st concern is to have 2 Directors in the Subsidiary Company

  •  Net Worth:
    The net worth of the company should not be less than USD 100,000 or its equivalent.

  • Similar Name:
    The name of the company in India should be the same as the foreign parent company.

  • Expenses:
    All the expenses of Branch Office are met by the parent Company or by the income accrued from India.

Benefits

Advantages of Having a Branch Office:

Open each benefit to see what it means for you.

 

For most business owners and directors, Branch Office can be an easy transition for managing cash flow.

Documents

What documents are required to open a branch office in India?

Clear, current documents matter more than a long checklist. Names, dates of birth and addresses should match across every record — that's what the authorities check first. Tick what you already have below.

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Foreign parent company documents

Verified against official requirements

India establishment documents

Verified against official requirements

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Process

Branch office approval process — step by step

You’ll see each stage, what’s pending and what we need from you — so filings don’t bounce back.

Step 1 of 7

Confirm a branch office is the right vehicle

A branch office can carry on commercial activity in India, unlike a liaison office which is limited to representational work. But a branch cannot undertake manufacturing (except in SEZs) or retail trading. We confirm the fit before you apply.

Check eligibility and the approval route

The foreign parent needs an established track record and financial standing. Branch office applications go through an Authorised Dealer Category-I bank to the RBI under FEMA regulations.

Prepare the parent's documents

We get the incorporation certificate, board resolution, charter documents, and audited financials apostilled or consularised and translated into English where needed.

File the application through the AD bank

The application for establishing the branch office is filed with the designated AD Category-I bank, which forwards it to RBI with its recommendation and the supporting documents.

Respond to RBI queries

RBI examines the parent's standing, the proposed activities, and the funding plan, and may seek clarifications. We prepare complete responses to avoid delays.

Receive approval and register with the ROC

On RBI approval, the branch office registers with the Registrar of Companies and obtains its establishment approvals. Approval is typically granted for three years and is renewable.

Meet ongoing branch office compliance

The branch must file annual activity certificates, meet FEMA reporting through its AD bank, file Indian tax returns, and renew its approval on expiry. We manage the full compliance calendar.

What clients say about working with us

Real stories from businesses we've worked with.

Trademark Registration
Our Trademark was applied in all the classes with a short span of time by Complykart Trademark Experts and I can say the level of expertise and commitment they carry is remarkable. It's an A+ from my side. We are now sticking to ComplyKart only.
Rajat KhanejaKnovalt
Company Registration
I found the professionalism of the staff at complykart.com, a pleasure to work with. As a foreigner to India, they took the time to explain the documentation and assisted in every question I raised. I was pleased that complykart.com made it easy for my Business.
Ravi Sharma360Mart Trading
Merger & Acquisition
Trust, Commitment, Dedication and responsiveness are the best things with ComplyKart. Thanks for handling our Merger assignment with so much care. After my business disputes, complykart handles all things with own sense of understanding.
Rana RajeshAIL

Learning center

Guides on Branch Office by Foreign National

Deeper reading from our articles — the same rules, explained in plain words.

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Last updated: 18 November 2018
Compliance rules change. If something on this page looks outdated, tell us on WhatsApp and we'll fix it — and your filing will always follow the current rules, not just what's written here.

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