I read the information about procedures of forming a branch office by a foreign company in India. The question is once the branch office is formed, is it mandatory to resgister branch office with ROC under company's act?
Does the procedures remain same as the for any other Private Limited Company during registration?
Formation of Branch by a foreign company.
Threre is no legal requirement that only a company shall be formed (Branch) by foreign company intending to do business in India. If legal status of the branch is a company, only then it shall be registered with ROC (to become incoporated company in India).
Even a Firm, AOP, BOI, agency can be formed for the purpose of carrying on business in India.
Also refer Section 2(U) of The FEMA.
If I am wrong or you find something else please let me know.
Regards,
Prakash...
| Originally posted by : Prakash | ||
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Thanks for the reply. If you form the branch as non legal entity like an agency does the scope of the acitivities as defined by RBI, does that change. I shall be more interested in activities like buy and sale. What is better to have a legal entity and register with ROC or have just an agency. If I find more information on this I will post here. Harshad Nerurkar |
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