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India being one of the largest and fastest-growing market, foreign entities have developed a keen interest to establish their operations here. Foreign companies aim to enter into the Indian market by setting up a Liaison office in India. Liaison offices have become a popular option for foreign investors exploring the Indian market. In this article, we shall look at the procedure and compliances to be followed to set up a Liaison office in India.
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Setting up a liaison or a representative office is a common manner in which foreign companies enter into the Indian market. The role of these offices is limited to information collection about the possible market and to give information regarding the company and its products to future Indian customers.
However, it cannot undertake any commercial activity and can only use remittances obtained from its parent foreign company to maintain itself.
Any application from a foreign entity to open a liaison office shall require prior approval from the RBI in the following circumstances:
To set up this office, the applicant should submit an application in Form FNC Annex-1 (Application for the establishment of Branch/Liaison office in India).
The following documents are also required for opening of liaison office:
The AD Category-I bank, after exercising due diligence with respect to applicant’s background and satisfying itself regarding adherence to the eligibility criteria, grant approval to the foreign entity for establishing a branch office or liaison office in India.
It may be noted that a Liaison office is permitted to undertake only the liaison activities.
Below we have mentioned the activities in which a Liaison office can engage:
Every year Liaison office are required to file Annual Activity Certificate to the RBI, verifying that the activities of the office are within its charter. It should also be filed with the Directorate general of Income tax within 60 days of the end of the FY.
The Liaison office should report to RBI regarding the address within six months of approval. Further, it is also required to file annual receipt and payment statement, an assets and liability statement audited by practicing local CA to the ROC.
It may be noted that the initial approval to set up a Liaison office in India is granted by the Reserve Bank. If needed, the Liaison office can apply for extension of the same to its AD bank.
Read our article:Difference between Liaison Office vs. Head Office
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