• Opening new branch in India

Hello , 

I am enterpenuer .. and I am establishing a tech company

but at that time .. I cant go india .. and I am looking to open branch there .

so , how can i do it safley ?

Thank you
Asked 7 years ago in Business Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

7 Answers

The formalities in opening an office in India varies with the nature of entity and business to be run.

In your business the suitable entity would be either Pvt. Ltd Company or LLP.

There would be lot of paper works which can be done in your absence .

So if you feel need my assistance on this account you may feel free to contact.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The application by the foreign company has to be made through a designated AD Category-I bank to the General Manager of the Foreign Exchange Department of RBI. Some prescribed documents have to be attached with the application. The RBI Master Circular of 2016 provides two of the documents that have to be attached:

“1. English version of the Certificate of Incorporation / Registration or Memorandum & Articles of Association attested by Indian Embassy / Notary Public in the Country of Registration.

Latest Audited Balance Sheet of the applicant entity.”

2) The AD-I Category bank involved in the process will conduct due diligence on the Applicant in the following areas- “background, antecedents of the promoter, nature and location of activity, sources of funds, etc.”, along with compliance of the Know Your Customer (KYC) norms.

3) The BO hence, once approved by the RBI, will be allotted a Unique Identification Number (UIN). Once the offices have been set up, the BO must also obtain a Permanent Account Number (PAN) from the Income Tax Authorities. This should be reported in the Annual Activity Certificate (AAC) that the BO is required to present at the end of each year to show that the activities are undertaking in the permitted categories only.

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) better engage a CA or lawyer for doing the paper work for opening branch office in India

2) enter into agreement with them regarding the fees ti be charged , time period within which all formalities would be completed

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Are you an Indian or a Saudi Arabian?

2. If you are a Saudi Arabian, you shall have to open your subsidiary in India for opening your branch here.

3. If it is a partnership firm then you shall have to have a partner in india or if it is a Pvt ltd. company, you shall have to have share holders of the said company in india.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Engage a lawyer in India having wide knowledge of Company Law to take up your matter.

2. Enter in to an agreement with him detailing the terms and conditions of the contract which will be binding on both of you.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Companies in India can be set up as public or private.

The entrepreneur is merely required to obtain a license from the local administration related to his professional domain. On the other hand for a public or private company, there are a set of legal procedures leading to incorporation of the company. The various forms and applications for incorporation of the company can be filed online on the official website of the Ministry of Corporate Affairs.

Besides observing formalities, you may try the option to open your branch through a partnership firm or franchise.

If the above are not viable then you may try the option to open a branch through your authorized representative or a general power of attorney agent also.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

I know indian guy via internet .. but didnt gain my trust fully .. and he says he will do every thing to open the branch .

If you suspect the integrity of the person who assured you to help you out on this, you may abruptly snap the ties and distance yourself away from him.

You can look for a trust worthy person to take care of all your concerns.

You can hire the services of a lawyer for arranging all the formalities and registration processes.

You can even retain the lawyer on the terms mutually agreed by you both.

You can make him accountable for all the money sent to him except for his fee agreed to pay to him.

At one stage, you have to trust somebody or else you will not achieve your goal if you keep hesitating on the basis of your suspicions.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer