How can Foreign company start Business in India- India has an abundance of both natural and human resources, making it one of the fastest-growing nations globally. This impressive growth presents a vast array of opportunities for foreign enterprises to expand and diversify their operations. As a result, there is a heightened interest among foreign companies and individuals to establish a branch, liaison, or project office in India or commence a business in India. This article outlines feasible approaches for foreign enterprises to set up an office in India without beginning a new business venture from scratch. subsidiary company  .

There are basically three ways for a foreign company. Operating business ventures in India is possible without establishing a subsidiary firm in the country. The foreign company can set up a Branch Office or a Liaison Office with the Reserve Bank of India’s endorsement for long-term operations in India. Additionally, project offices can be initiated under General sanction of the Reserve Bank of India if the specified terms are met.

Foreign companies involved in manufacturing or trade may establish Branch Offices within India, subject to approval from the Reserve Bank of India. These Branch Offices are not permitted to engage in manufacturing or processing activities within India, but are authorized to represent their parent or group companies in various activities. These activities include exporting or importing of goods (excluding retail), providing consultancy services, conducting research for the parent company, promoting collaborations between the Indian and overseas group companies, acting as agents for buying or selling, developing software and providing technical support for products from the parent company, and operating as a foreign airline or shipping company in India.

The Branch offices are allowed to purchase property for their own use and engage in permitted/related activities, but they cannot rent or lease out the property. Any profits made by the branch office can be freely transferred from India, as long as the applicable taxes are paid. The Reserve Bank of India reviews certain criteria when considering a foreign company’s application to open a Branch Office in India, including a profitable financial track record for the past five years in their home country and the requirement of a minimum Net worth of USD100,000 or its equivalent. To determine net worth, the total paid-up capital and free reserves are subtracted by intangible assets, and the balance must be confirmed by an Audited Balance Sheet or Account Statement that is certified by a Certified Public Accountant or any Registered Accounts Practitioner.

Foreign companies seeking to establish a presence in India may do so through the creation of a Liaison Office, subject to the approval of the Reserve Bank of India. Such an office is limited in its activities to liaising between the head office and parties in India. It is not authorized to engage in any business activities or generate income within India. However, it may engage in certain activities such as representing the parent company, promoting exports or imports, facilitating technical or financial partnerships, and facilitating communication between the parent company and Indian businesses. All expenses incurred by the Liaison Office must be paid through inward remittances of foreign exchange from the head office.

When seeking permission to set up a Liaison Office in India, the Reserve Bank of India will assess certain factors before granting approval. These include a history of making profits in the applicant’s home country for the past three fiscal years and a minimum Net Worth of USD 50,000 or its equivalent.

The Reserve Bank of India has provided permission to foreign companies to set up project offices in India, provided they have been contracted by an Indian company and have the necessary security to execute the project in India. The project can be funded through inward remittance, a bilateral or multilateral international financing agency, or if it has been approved by the appropriate authority. If the contracting company in India has received a term loan from a public financial institution or bank, then the foreign entity can proceed without additional approval. If these criteria are not met, the foreign entity must obtain specific approval from the Reserve Bank of India. Project offices can cover their local expenses through inward remittances or local earnings.

Foreign Direct Investment, or FDI, refers to the investment of funds by a company or individual from one country in another country, with the aim of establishing a long-term business interest in the foreign country. This can involve either the creation of a new business or the acquisition of an established one. FDI is seen as a significant factor in promoting economic growth and job creation in the host country, as well as in providing the investing company with access to new markets and resources.Foreign entities have two options for investing in sectors in India. The first option is the automatic route, which allows 100% foreign direct investment (FDI) for certain sectors without prior approval from the government. The second option is the government route, which applies to sectors where 100% FDI is not allowed under the automatic route. The Reserve Bank of India will assess applications falling under this category in coordination with the Ministry of Finance, Government of India.

To establish a Branch Office or Liaison Office in India, the Foreign entity must send an application, along with the necessary documents, through a designated AD Category-I bank to the Reserve Bank of India.