Liaison Office Registration

Liaison Office Registration

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Basic overview
Registration Process

Liaison Office Registration

Foreign corporations and companies can establish a representation or liaison office in India. They must first obtain permission from the Reserve Bank of India. We can offer smooth services in India because of our good relationships. A liaison office (LO) is a place in India that represents a foreign firm. Its purpose is to explore and understand the business environment, conduct market research on the parent's products, and seek out information from potential customers. It can be established to represent the parent or group company in India. To promote Indian trade and investment. The liaison office must not be used for commercial purposes. The parent company covers the expenses of the liaison officer. Foreign companies can have a liaison office. The Indian government taxes the profits when such entities carry out commercial activities through permanent establishments (PEs) at higher rates. The foreign company's profit is subject to a 40% tax, while the Indian corporation has a 22% tax rate.

Step 1: Net Worth Requirement

The foreign parent must have a successful track record of at least three consecutive years, and the net worth must not exceed $50,000, as attested by their auditors.

Step 2: No income-generating activity

The liaison office cannot make any income in India. It must be funded entirely by the parent firm. The parent company must sign an undertaking.

Step 3: Name and New Office

The parent company's name must match that of the foreign parent company. For each new liaison office, RBI must approve it with justification.

Step 4: Indian Taxation

Indian tax authorities have the power to impose income taxes on liaison offices if they determine that the transaction is a commercial operation via PE.

List of documents required to register a liaison office

S.No A. Mother/Parent Company B. B.
1. Certificate of Incorporation or Registration of a Foreign Company Color photo: 5
2. Memorandum of Association and Articles of Association Passport: 5 copies
3. List of Details Regarding Directors and Key Executives Copy of Business Visa with Immigration Stamp
4. Information about the shareholders of the applicant firm National Identity Card, 5 copies
5. A certified public accountant has attested to the net worth certificate. Latest address proof (bank certificate, electricity, water, or phone bill).
6. Audited financial statements of the previous three years Board Resolution Naming the AR
7. Banker's Report by the applicant's banker abroad AR Authorized to Grant Power of Attorney

How does a liaison office work?

An Indian company might want to do research before entering the Indian market. Any individual, including foreign companies, groups, and associations, can set up a liaison office in India.

The income tax rate for a liaison officer of a foreign company is

Indian law treats a liaison office of a foreign company as one entity. The Indian government also taxes the profits of these entities at higher rates. The income tax on foreign companies' profits is currently 40%. An Indian company would pay 30%.

Which conditions are necessary to open a liaison office in India?

A foreign company can open a representative or liaison office in India if it has a track record of profit generation over the past 3 years. It must also be financially sound. Financially sound is a reference to India's representative or liaison office. This refers only to companies with a net worth greater than USD 50,000. The parent company must have its financial statements attested by a statutory auditor.

What approvals are given for the creation of a liaison officer?

The RBI is authorized to approve the establishment of a liaison office in India under a master directive dated January 1st, 2016, to establish a place for a foreign corporation.

Set up a liaison office in India.

To establish a liaison bureau, verify that you are financially sound. The network must be at least USD 50,000 in size. Call a Dobizindia Business Solution Private Limited representative to discuss the documentation and step-by-step process. The rest is taken care of by the CA, CS, and advisers.

Preparation and Documentation for the Registration of Liaison Officers

Foreign Exchange Management (Establishment in India of a Branch Office, Liaison Office, Project Office, or Other Business Place) Regulations 2016 govern establishing a place to do business in India by a foreign company or corporation. Here are the essential qualifications required to establish a liaison bureau:

You are prohibited from engaging in income-generating activities.

The net worth of the head office in a foreign country must be greater than $50,000. The applicant company must be profitable for three years. Only four types of activities can be performed at the liaison office. For details, please see Permitted Activity for the Liaison Office. Basic documentation is essential for the smooth processing and establishment of the Vision Office. Provides a list of documents that are required. You may download the questionnaire to send information to us.

Document and Form Drafting:

Once we have all the necessary documents, we will begin to draft the documents required for signing by the company applying and the signatory. Board Resolution Approving the Opening of the India Liaison Office

Letter of Comfort from a Holding Company

Legalization of Documents: The Hague Convention must legalize all documents originating from a third country, signed, or executed by a third country via the Indian Embassy or apostilled. Procedure and timeline for India liaison office registration: digital signature application of authorized signatory A digital signature, which is the same as a physical or printed signature under the Information Technology Act, can be considered the equivalent of a physical signature. According to this new process, all company registration applications must be filed in digital format. The digital signature of any proposed shareholders or directors is required to authenticate the application. The filing process begins with issuing a digital signature for all promoters.

Applying to the RBI via AD Bank

FNC is the place to file a request for a registered liaison officer of a foreign corporation. It's done through AD Bank (an authorized dealer). They play a vital role in all communication with the RBI. We have excellent relationships with many Indian banks, which can help us apply to the RBI and follow up.

Banker of the Parent Company Verification of KYC

After filing the FNC Form with the AD Bank is complete, a request to verify the documents is sent to the banker for the foreign company. This is also called quick-based verification. After the confirmation of documents from the foreign banker, the application will be submitted to the RBI for approval. The RBI might request clarifications or additional documents.

Approval from RBI for Branch Office Registration in India

There is a policy that the AD Banker must approve the appointment of a liaison officer. Cases will be forwarded to the RBI for approval if the automatic route is impossible. Approval is granted after quick verification. This takes approximately one week.

Registration of a Branch Office at the ROC

After company incorporation, the bank account should be opened. Foreign direct investment (FDI) must be received within 180 days of incorporation. The banker will need to be notified in advance. It is important to note that the capital required for the startup of any business activity cannot be received in India unless it has been received.

PAN Card: Tax Deduction Number and Opening Bank Account

The Income Tax Department issues a unique 10-digit alphanumeric number to each taxpayer as a permanent number. This is also known as a PAN number. Every taxpayer must apply for a tax deduction account number to ensure compliance with TDS provisions. This identification number is essential for compliance with the tax rules. After the Income Tax Department receives the PAN number, the liaison bank account can be opened.

Register with the state police.

The liaison office should register the application with the state police (in the bureau of the superintendent of police). The application must include RBI approval and KYC for all authorized persons in India.

GST registration and IEC

Once the bank account has been opened, the liaison office will receive the checkbook. For the application to the GST Registration and Import Export Code for the Liaison Office of the foreign company, we would need a duplicate of the check.

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