SETTING UP BUSINESS IN INDIA BY FOREIGN COMPANIES
A foreign company planning to set up business operations in India has the following TWO options:
1. As an Indian company
2. As a Foreign company
1) As an Indian Company
A. Joint Venture With An Indian Partner
Foreign equity in such Indian companies can be up to 100% depending on the requirements of the investor, subject to equity caps in respect of the area of activities under the Foreign Direct Investment (FDI) policy. Details of the FDI policy, sectorial equity caps & procedures can be obtained on a specific request..
Foreign Companies can set up their operations in India by forging strategic alliances with Indian partners.
Joint Venture may entail the following advantages for a foreign investor:
• Established distribution/ marketing set up of the Indian partner
• Available financial resource of the Indian partners
• Established contacts of the Indian partners which help smoothen the process of setting up of operations
B. Wholly Owned Subsidiary Company
Foreign companies can also set up wholly owned subsidiary in sectors where 100% foreign direct investment is permitted under the FDI policy.
Incorporation of Company
For registration and incorporation, set of applications have to be filed with Registrar of Companies (ROC). Once a company has been duly registered and incorporated as an Indian company, it is subject to Indian laws and regulations as applicable to other domestic Indian companies.
2) As a Foreign Company
a) Liaison Office/ Representative Office
Such offices can undertake any permitted activities. Companies have to register themselves with Registrar of Companies (ROC) within 30 days of setting up a place of business in India.
Liaison office acts as a channel of communication between the principal place of business or head office and entities in India. Liaison office cannot undertake any commercial activity directly or indirectly and cannot, therefore, earn any income in India. Its role is limited to collecting information about possible market opportunities and providing information about the company and its products to prospective Indian customers. It can promote export/import from/to India and also facilitate technical/financial collaboration between parent company and companies in India.
b) Project Office
Foreign Companies planning to execute specific projects in India can set up temporary project/site offices in India. RBI has now granted general permission to foreign entities to establish Project Offices subject to specified conditions. Such offices cannot undertake or carry on any activity other than the activity relating and incidental to execution of the project. Project Offices may remit outside India the surplus of the project on its completion, general permission for which has been granted by the RBI.
c) Branch Office
Foreign companies engaged in manufacturing and trading activities abroad are allowed to set up Branch Offices in India for the following purposes:
• 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 agents in India.
• Rendering services in Information Technology and development of software in India.
• Rendering technical support to the products supplied by the parent/ group companies.
• Foreign airline/shipping Company.
A branch office is not allowed to carry out manufacturing activities on its own but is permitted to subcontract these to an Indian manufacturer. Branch Offices established with the approval of RBI may remit outside India profit of the branch, net of applicable Indian taxes and subject to RBI guidelines Permission for setting up branch offices is granted by the Reserve Bank of India (RBI).
Once the entity is set-up in India:
We provide complete, online back office operations. From recruitment of personnel to general office maintenance, pay roll and other legal & statutory formalities.
Bank account opening
Assistance and signatory services for opening and operating Bank account in India with all major international banks are also provided. Tell us the preference of Bank you want to have bank account with and we will get back to you with complete information.
India limited companies are required by law to place on public record their statutory annual accounts, which must often be audited. These must comply with a range of detailed disclosure requirements set out in the Indian Companies Act. Ishtar Traders and Consultants LLP ensure that all disclosure requirements are met, and are authorised to carry out independent statutory audits. Our approach to audit concentrates effort where it’s most needed, keeping costs to a minimum and providing a useful management tool. Our advice isn’t just an annual event – clients rely on our experience all year round. As your profits grow, we advise on corporate tax planning and compliance, and will negotiate with the Inland Revenue on your behalf. Whenever cross border intra group transactions arise, the difficult issue of transfer pricing is never far behind. We can help you to determine fair prices and ensure that the documentation required by the tax authorities is in place. Financial and tax planning for business owners and key employees is just as important to us – our personal tax, financial planning and trust departments aim to maximise your financial growth and minimise tax bills. Our administrators can perform credit checks on potential customers, assist with customs and shipping documentation and arrange all the appropriate insurance. As you establish a India presence, we can follow up on our initial market strategy with regular marketing reviews.
Our service list allows you to pick and choose to specifically match your needs. Our outsourcing capability allows you to achieve India fiscal compliance cost-effectively. We look after the peripheral issues leaving your company time to concentrate on what’s really important: succeeding in the India.
Want to start business in India?
Ishtar Traders and Consultants is a dedicated organization formed for the sole objective of helping international and national corporate community to establish their organizations in India. Promoted by a first generation entrepreneur, the organization understands the pertinent issues in creation of Organization in Indian environment and shall ensure that a total support is provided to you. We understand the Indian political, business, corporate needs deeply and have the right partners, relationships to steer through a smooth establishment of your organization. Your search for an enhanced value adds experience and learned guidance for starting business / trading in India ends here.
Have “Your Liaison Office in India” Or “Branch office in India”
A company expands its business by opening up its branch offices in various parts of the domestic country as well as in other countries. A branch office refers to an establishment which carries on substantially the same business and activity as is carried out by its Head Office. In other words, branch offices help in expanding the size of the market for a company’s product by attracting more customers; widening the scope of its trading and manufacturing activities as well as bringing more opportunities and opening unexplored avenues for it. Thus, Liaison offices help to fuel the growth of the company and enhance its profitability on a sustained basis. Setting-up of Branch office, Liaison Office or Project cum site office by a person resident in India for trading, Commercial, industrial or other miscellaneous activities, governed with following objectives:
• Export of Goods.
• 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
• Rendering technical support to the products supplied by parent/group companies.
• Foreign Airline/shipping Company.
Note: The Reserve Bank of India, the apex bank grants permission to open a Liaison office. Thus, there is general permission to carry out any or all of the above activities once the permission from RBI is received to set up a BO in India.
The entire process, can take anywhere from a few weeks to a few months depending on the industry and India’s relations with the nationality of the parent company. Approval is generally granted for a period of one to three years, upon expiry of which.