Everything You Need to Know

Branch Office Setup for Foreign Companies

A branch office is suitable when the overseas company wants an Indian operating presence without incorporating a separate Indian subsidiary.

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Set Up Your India Branch Office with the Right Route.

Share your parent company details and proposed India activity. We will map the RBI/FEMA route, documents, filing sequence and compliance plan before you start.

Before filing, check these 5 points.

A branch office application should be planned around the parent company profile, sector, proposed activities and long-term India strategy.

Whether branch office is better than subsidiary, liaison office or project office
Parent company financial track record and net-worth readiness
Permitted activity note for India operations
AD bank documentation and authorised representative planning
Post-approval ROC, PAN, GST, accounting and tax calendar

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    Why Choose a Branch Office

    A Practical India Presence Without Forming a Separate Subsidiary.

    Branch office works best when the foreign parent wants to carry out approved activities in India while keeping the business legally connected to the overseas company.

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    Foreign Parent Extension

    Operate in India as an extension of the overseas company instead of a newly incorporated Indian company.

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    Revenue Activities

    Unlike liaison office, a branch office can generally earn income from permitted activities in India.

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    Client Servicing

    Useful for foreign companies supporting Indian clients, contracts, distributors or technical service arrangements.

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    Market Presence

    Creates an official Indian office for business development and operational continuity.

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    Banking Route

    Proper AD bank coordination helps with approvals, account setup, tax remittance and profit repatriation.

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    Compliance Ready

    CompanyJi structures accounting, GST, income-tax, ROC and annual activity certificate workflow from day one.

    Documents Required

    Branch Office Registration Documents.

    Exact documents depend on the parent company jurisdiction, sector, bank review and proposed India activities.

    Parent Company Documents

    • Certificate of incorporation
    • Charter / memorandum documents
    • Audited financial statements
    • Board resolution for India branch
    • Parent company profile
    • Banker report where applicable

    Authorised Representative

    • Passport / identity proof
    • Address proof
    • Authorisation letter or POA
    • Specimen signatures
    • Contact details
    • KYC declarations

    India Office & Filing

    • Proposed India address
    • Lease / NOC / utility bill
    • Business activity note
    • Form FNC support documents
    • PAN, TAN and GST documents
    • ROC foreign company filing details
    5-Step Process

    How CompanyJi Helps Set Up Your Branch Office.

    The process is documentation-heavy. We keep it checklist-driven, bank-ready and compliance-focused.

    01

    Route Review

    We compare branch office with subsidiary, liaison office and project office based on activity and ownership plan.

    02

    Document Pack

    We prepare parent company, authorised representative, office and business activity documents.

    03

    FNC / Bank Filing

    We coordinate the filing package with the authorised dealer bank and applicable approval route.

    04

    ROC + Tax Setup

    After approval, we support ROC filing, PAN, TAN, GST, bank account and accounting setup.

    05

    Annual Compliance

    We create a compliance calendar for AAC, ROC, tax return, GST, transfer pricing and audit support.

    Compare Before You Decide

    Branch Office vs Subsidiary vs Liaison Office.

    The best route depends on commercial activity, income generation, ownership preference, tax plan and long-term India strategy.

    Parameter
    Branch Office
    Subsidiary Company
    Liaison Office
    Legal nature
    Extension of foreign parent
    Separate Indian company
    Representative office
    Income in India
    Possible for permitted activities
    Yes, broad business activities
    Generally no commercial income
    Best for
    Service, trading, client support
    Long-term India business scale
    Market research / representation
    Tax exposure
    Indian branch taxation
    Indian company taxation
    Limited, subject to activities
    Setup review
    FEMA/RBI/AD bank route
    Companies Act + FDI
    FEMA/RBI/AD bank route
    Everything you need to know

    Branch Office Registration FAQs

    Answers are grouped by topic so foreign promoters, finance teams and India heads can quickly understand the setup, documents, restrictions and compliance.

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    Basics

    5 practical questions answered.

    What is a branch office in India?+

    A branch office is an Indian place of business of a foreign company. It is not a separate Indian company; it works as an extension of the overseas parent for permitted activities in India.

    Can a foreign company open a branch office in India?+

    Yes. A foreign company can open a branch office in India subject to FEMA, RBI/AD bank route, sector review, documentation and post-registration compliance.

    Is a branch office a separate legal entity?+

    No. A branch office is generally an extension of the foreign parent company. If a separate Indian entity is needed, a subsidiary company may be better.

    Who should choose branch office route?+

    It suits foreign companies that want an operating presence in India for permitted activities while keeping direct linkage with the overseas company.

    Is branch office better than subsidiary?+

    Not always. Branch office is useful for specific permitted activities, while a subsidiary is usually better for broad operations, scaling, investment and local contracts.

    Eligibility

    5 practical questions answered.

    What is the usual financial eligibility for branch office?+

    Under the existing commonly referenced framework, a profit-making track record and minimum net worth are reviewed. Current rules and draft changes should be checked before filing.

    Is five-year profit track record required?+

    Historically, branch office applications commonly required a profit-making track record during the immediately preceding five financial years. The current legal position must be checked before filing.

    Is USD 100,000 net worth required?+

    USD 100,000 net worth has been a commonly referenced threshold for branch office eligibility. Since regulatory drafts and updates can affect this, CompanyJi verifies the position before application.

    Can a new foreign company open branch office?+

    A newly incorporated overseas entity may face difficulty if financial track record is required. In such cases, subsidiary company or other route may be evaluated.

    Can NGO or non-profit foreign entity open branch office?+

    Non-profit or NGO-type foreign entities may require special route review and government consultation. It should not be treated like a normal commercial branch filing.

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    Documents

    5 practical questions answered.

    What documents are required for branch office registration?+

    Parent company incorporation papers, charter documents, audited financials, board resolution, banker report, business activity note, authorised representative KYC and India office documents are typically required.

    Are foreign documents notarised or apostilled?+

    Foreign documents often need notarisation, apostille or consularisation depending on the country and document type. We confirm the correct attestation route before submission.

    Is board resolution required?+

    Yes. The foreign parent generally passes a resolution approving the India branch office, authorised representative and related filings.

    Is Indian office address required?+

    Yes. A proposed address, lease/NOC and utility documents may be required for post-approval registration, tax, GST and bank account steps.

    Is business activity note important?+

    Very important. It explains what the branch will do in India and helps assess whether the activities fit the permitted branch office route.

    Process

    5 practical questions answered.

    How is branch office registration done?+

    The process generally includes route review, document preparation, Form FNC support, AD bank/RBI framework coordination, approval, ROC filing, PAN, bank account and tax registration.

    What is Form FNC?+

    Form FNC is the application format used for establishing a branch office, liaison office, project office or other place of business in India under the applicable FEMA framework.

    How long does branch office setup take?+

    Timeline depends on parent documents, attestation, AD bank review, sector and approval route. A practical estimate is given after reviewing the company profile.

    Can CompanyJi coordinate with AD bank?+

    Yes. CompanyJi can prepare the document pack, filing note and coordinate with the authorised dealer bank for application support.

    What happens after approval?+

    After approval, the branch generally needs ROC registration, PAN/TAN, bank account, GST where applicable, accounting setup and compliance calendar.

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    Activities

    5 practical questions answered.

    What activities can branch office do?+

    Permitted activities may include export/import support, professional consultancy, research, technical collaboration, IT/software services and representing the parent company, subject to approval and sector rules.

    Can branch office trade in India?+

    Import/export trading related activities may be possible, but retail trading and restricted activities should be reviewed carefully before application.

    Can branch office provide services?+

    Yes, branch office is often used for consultancy, technical support, IT/software, engineering support and service delivery where permitted.

    Can branch office do retail trading?+

    Retail trading through branch office is generally restricted. Foreign businesses planning retail operations should evaluate FDI policy and entity structure carefully.

    Can branch office hire employees?+

    Yes. A branch office can hire employees in India and must comply with payroll, TDS, labour, PF/ESI and HR compliance where applicable.

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    Tax & GST

    5 practical questions answered.

    Does branch office need PAN?+

    Yes. PAN is generally required for tax, banking, invoicing and statutory compliance in India.

    Does branch office need GST?+

    GST may be required if the branch office supplies taxable goods or services in India or otherwise falls under GST registration provisions.

    Is branch office taxed in India?+

    Yes. Income attributable to the Indian branch can be taxable in India. Treaty position, permanent establishment and transfer pricing should be reviewed.

    Does transfer pricing apply?+

    Transfer pricing may apply to transactions between the foreign parent and Indian branch or related parties. Documentation should be reviewed annually.

    Can branch office claim expenses?+

    Business expenses connected with Indian branch operations may be claimed subject to Indian tax law, documentation and accounting treatment.

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    Banking

    5 practical questions answered.

    Can branch office open bank account in India?+

    Yes. After approval and required registrations, the branch office can open an Indian bank account with applicable KYC and FEMA documentation.

    What is an AD bank?+

    An authorised dealer bank is a bank authorised to handle foreign exchange transactions and FEMA-related filings. It plays a key role in branch office setup.

    Can parent company fund branch expenses?+

    Yes, branch expenses may be funded by inward remittances from the parent company and by income generated from permitted branch activities, subject to banking rules.

    Can profits be remitted overseas?+

    Profits may generally be remitted after payment of applicable Indian taxes and submission of required documents through the authorised dealer bank.

    Are bank KYC requirements strict?+

    Yes. Banks usually require detailed KYC of the foreign parent, beneficial owners, authorised signatories and Indian office documents.

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    Compliance

    5 practical questions answered.

    What annual compliance applies to branch office?+

    Branch office may need annual activity certificate, audited accounts, income-tax return, ROC filings, GST returns, TDS compliance and other sector-specific compliances.

    What is Annual Activity Certificate?+

    Annual Activity Certificate is a yearly compliance certificate confirming that the branch office has carried out permitted activities and followed applicable conditions.

    Does branch office need statutory audit?+

    Branch office accounts generally need proper audit and financial reporting for tax, ROC and FEMA-related compliance.

    Can branch office close later?+

    Yes. Closure requires bank/RBI-related documentation, tax clearance, ROC steps and remittance formalities where applicable.

    Can CompanyJi handle ongoing compliance?+

    Yes. CompanyJi can assist with accounting, GST, TDS, income-tax return, ROC foreign company filings, annual activity certificate and branch closure support.

    Open your India branch office with the right approval route.

    Branch office setup is not just a form filing. The activity note, parent documents, bank review and post-approval compliance decide how smooth the entry becomes.