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Liaison Office
INDIAN POSITION
2
What is liaison office?



   A Liaison Office is in the nature of a representative office set up primarily
    to explore and understand the business and investment climate
   The Liaison Office generally acts as a communication channel between
    the parent company overseas and its present or prospective customers in
    India. The Liaison Office can also be set up to establish business contacts
    or gather market intelligence to promote the products or services of the
    overseas parent company.
3
Permissions available to the office



The Liaison Office is permitted to undertake following activities only:


   Representing the parent Company in India


   Promoting export/ import from/ to India
4




   Promoting technical / financial collaborations between the parent
    companies and companies in India.


   Acting as a communication channel between the parent company and
    Indian companies.
5
Legal Position of Liaison office.



   The Liaison Office cannot undertake any business activity in India nor earn
    any income in India.


   At the time of closure of the Liaison Office, RBI grants permission to
    repatriate the balance in the Indian bank account to the parent
    company.
6
Legal Position contd.….


   Since the Liaison Office is not permitted to earn any income, it should not
    constitute a taxable entity in India. However, the Liaison Office would be
    required to withhold tax from certain payments and hence is expected to
    comply with the requisite “tax withholding” obligations under the
    domestic tax law.


   To open a Liaison office, the parent company has to apply to the Reserve
    Bank of India and is normally granted permission within 2 to 4 weeks,.
7
Some Restrictions



   It cannot carry out any commercial operations in India.
   It must maintain a QA22C account with the bank. This is a special account
    that only allows inflows from abroad.
   It can neither borrow, nor lend money.
8
Documents required for setting up a
liaison office

   1) Form FNC 1 – 3 Copies
   2) Letter from the Principal Officer of the Parent Company to RBI.
   3) Letter of Authority from the Parent Company in favour of local
    representative.
   4) Two copies of the English version of the Memorandum and Articles of
   Association (Charter Documents) of the Parent Company attested by Indian
   Embassy/Notary Public in the country of registration.
   5) The latest audited Balance Sheet of the Parent Company.


* These documents would need to be signed by principal Officer of the Company
that intends to set up the Liaison Office in India
9




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Liaison office in India

  • 2. 2 What is liaison office?  A Liaison Office is in the nature of a representative office set up primarily to explore and understand the business and investment climate  The Liaison Office generally acts as a communication channel between the parent company overseas and its present or prospective customers in India. The Liaison Office can also be set up to establish business contacts or gather market intelligence to promote the products or services of the overseas parent company.
  • 3. 3 Permissions available to the office The Liaison Office is permitted to undertake following activities only:  Representing the parent Company in India  Promoting export/ import from/ to India
  • 4. 4  Promoting technical / financial collaborations between the parent companies and companies in India.  Acting as a communication channel between the parent company and Indian companies.
  • 5. 5 Legal Position of Liaison office.  The Liaison Office cannot undertake any business activity in India nor earn any income in India.  At the time of closure of the Liaison Office, RBI grants permission to repatriate the balance in the Indian bank account to the parent company.
  • 6. 6 Legal Position contd.….  Since the Liaison Office is not permitted to earn any income, it should not constitute a taxable entity in India. However, the Liaison Office would be required to withhold tax from certain payments and hence is expected to comply with the requisite “tax withholding” obligations under the domestic tax law.  To open a Liaison office, the parent company has to apply to the Reserve Bank of India and is normally granted permission within 2 to 4 weeks,.
  • 7. 7 Some Restrictions  It cannot carry out any commercial operations in India.  It must maintain a QA22C account with the bank. This is a special account that only allows inflows from abroad.  It can neither borrow, nor lend money.
  • 8. 8 Documents required for setting up a liaison office  1) Form FNC 1 – 3 Copies  2) Letter from the Principal Officer of the Parent Company to RBI.  3) Letter of Authority from the Parent Company in favour of local representative.  4) Two copies of the English version of the Memorandum and Articles of  Association (Charter Documents) of the Parent Company attested by Indian  Embassy/Notary Public in the country of registration.  5) The latest audited Balance Sheet of the Parent Company. * These documents would need to be signed by principal Officer of the Company that intends to set up the Liaison Office in India