Vikas Bansal
Pooja Sharma
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Most of the sectors are open for foreign direct investment in India under automatic route, without any prior approval for incorporation of the company.
The directors/shareholders visiting India for signing documents must be on a Business Visa; otherwise, documents must be legalised/ attested.
One director of the company must be resident in India. A person is said to be a resident when he/she stays in India for at least 182 days in during the FY.
All documents of foreign origin and those executed in a foreign territory need to be legalised by way of attestation by Indian high commission or Apostille.
Most of the sectors are open for foreign direct investment in India under automatic route, without any prior approval for incorporation of the company.
The directors/shareholders visiting India for signing documents must be on a Business Visa; otherwise, documents must be legalised/ attested.
One director of the company must be resident in India. A person is said to be a resident when he/she stays in India for at least 182 days in during the FY.
All documents of foreign origin and those executed in a foreign territory need to be legalised by way of attestation by Indian high commission or Apostille.
The foreign parent company must have a profitable track record of five years in a row with a net worth of more than $ 1,00,000/- duly supported by financial statement.
The name must be the same as that of the foreign parent company, and for each new office of such a branch office, a fresh approval is required from RBI with justification.
The profits of the branch office are freely allowed to be remitted from India to its parent company after payment of applicable taxes, after the audit if books of A/c.
The income tax on the profits of the branch office of foreign entities in India is 40% plus surcharges as applicable. GST is applicable to the supply of goods or services.
The foreign parent company must have a profitable track record of five years in a row with a net worth of more than $ 1,00,000/- duly supported by financial statement.
The liaison office can not earn any income in India, and the parent company must finance all its operations. An undertaking from the parent company is required.
The name must be same as that of the foreign parent company, and for each new office of such liaison office, a new approval is required from RBI with justification.
The income tax on a Liaison Office can be imposed by Indian tax authorities when it is established that the transaction amounts to commercial operation through PE.
The foreign entity must have secured a Project in India, and a formal and legally binding agreement is executed for the same financial statement.
The project must be funded out of the Inward remittances from abroad, or an International Financing Agency must fund the project.
That the project has been cleared from appropriate and recognised authority or ministry and if applicable from the environment ministry.
In the absence of foreign funding, the Indian Entity awarding the contract shall avail the term loan from a Public Financial Institution or a bank in India