Indian Exchange Regulations provide for procedure for Branch office registration in India. There are 2 routes for registration or establishing Branch Office in India:
- Reserve Bank Route (RBI route): Where 100% Foreign Direct Investment (FDI) is permissible under the automatic route.
- Government Route (Ministry of Finance):
- Where principal business of the foreign company falls under the sectors where 100 % FDI is not allowed under the automatic route, or
- Application from NGO / Non Profit Organizations / Government Bodies / Departments.
As per the RBI Requirement, for opening Branch office, the application for the branch office registration is submitted through the Authorized dealer to the RBI.
List of documents required for Forming Branch Office in India are
- Form FNC – 1 – Three copies
- Letter from the principal officer of the Parent company to RBI.
- Letter of authority from the parent company in favor of Local Representative.
- Letter of authority/ Resolution from parent company for setting up BRANCH office in India.
- Comfort letter from the parent company intending to support the operation in India.
- Two copies of the English version of the Certificate of Incorporation, Memorandum & Articles of association (Charter Document) of the parent company duly attested by the Indian embassy or notary public in the country of registration and apostile.
- Certification of Incorporation – Translated & duly notarized and Certified by Indian Consulate and apostile.
- The Latest audited Balance sheet and annual accounts of parent company duly Translated notarized for past Three years. & Certified by Indian Consulate & Directors
- Name, Address, email ID and telephone number of the authorized person in Home Country.
- Details of Bankers of the parent company along with the bank account number
- Expected funding level for operations in India.
- Details Relating to address of the proposed local office, number of persons likely to be employed, number of Foreigners among such employees and address of the head of the Local office, if decided
- Details of Activity carried out in Home Country by the parent company in brief about the product and services of company in Brief.
- Report from the banker of the parent company showing the number of years the applicant/parent company has had banking relations with that bank.
- Latest Proof of identity of all the Directors – Certified by Consulate and Banker in Home Country
- Latest Proof of address all of Directors – Certified by Consulate and Banker in Home Country
- Structure of the parent company w.r.t Shareholding pattern
- Resolution for Opening up Bank Account with the Banker
- Duly Signed Bank Account Opening Form for Indian Bank
Intimation to ROC in Form FC-1 along with following docs within 30 days from the date of RBI approval:
Following documents are required:
Translated and Notarized copy of the certificate of incorporation/ registration.
Translated and Notarized copy Charter, statutes or memorandum and articles of association or other Instrument constituting or defining the constitution of the company.
List of directors and secretary of the foreign company
POA /Board Resolution in favor of authorized representative
RBI approval letter.