Foreign Entities

Our services surpass borders and expectations - Helping foreign entities establish, manage, and grow their business in India.

Foreign Entities

Get Help on International Finance Matter

Financial complexity skyrockets the moment your business steps foot beyond national borders. Transnational trade, expatriates, foreign exchange, foreign taxes are burdens that come with tapping into foreign markets. We've been well known to curb such burdens and make them seem like minor inconveniences for our clients. See how we can help you in making international business seem like a breeze.

How to setup a business in India?

Setting up business in India is made easy choosing us although business needs to be enrolled under various statutes. Thus we provide the single window service by ensuring your business enrolment with various government agencies in India. Foreign entities can be set up in India in any of the following formats.

1. Private Limited Company

2. Limited Liability Partnership

3. Liaison Office

4. Project office (PO) / Branch Office (BO)

Services for Foreign Entities

Strategy Design and Registration Process

Strategy Design and Registration Process

As a company entering into other markets should be planned in advance and the entry strategies for different markets might differ. We help you to make the entry strategies for the Indian Market. The Foreign company planning to set up business operations has options of Entry as Foreign company or as an Indian Company. Having set up the business in India you need to ensure the compliances under various statutes which we will help you manoeuvre till you reach a size to afford independent finance head.

Assistance with Local Laws and Compliances

Assistance with Local Laws and Compliances

Whether you're incorporated in India or are dealing with relevant mandates and regulations here, our team at MSA can closely work with you to ensure that all necessary records and documentation under these laws are being maintained. Allow your management to focus on your operations over the monotonous compliances.

Transfer Pricing

Transfer Pricing

Get advice or assistance with the maintenance of all your financial records in an orderly manner, keeping in line with mandates and best practices.

Taxation for Expatriates

Taxation for Expatriates

Your expatriates working in India are liable for taxation under local tax laws. We offer to assist you throughout the process of determining residential statuses, ascertaining taxable income across home and host countries, assessing exemptions and helping the expatriates keep up with the compliance requirements here.

Transaction Advisory

Transaction Advisory

Win every transaction with the help of our transaction specialists. With our team's knowhow of international transactions, we can help you nail every large transaction safely and to your benefit.

Particulars Joint Ventures Subsidiary Liaison Office Project Office
(PO)/ Branch
Office (BO)		 Limited Liability
Partnership
(LLP)

Legal status

 Independent status Independent status Represents the parent company Extended arm of the parent PO is generally set-up for specific projects, whereas
a
BO is set-up for carrying activities in the course of business		 Independent status

Approval for commencement

 JV can be set-up with the approval of MCA and RBI if it is formed as LLP or Company,
however if it is formed as unincorporated entity only respective governing authority and RBI's
permission shall be required.		 Company can be set-up subject to Foreign Direct Investment guidelines. The best part
of this option shall be the Company can be Incorporated & Approval from RBI for FDI can be obtained
after receiving the funds.		 Requires specific approval from RBI, before even opening the Bank Account. Requires specific approval from RBI, before even opening the Bank Account. LLP can be setup subject to Foreign Direct Investment guidelines

Permitted
activities

 Activities specified in memorandum of association of the company/ Deed/
agreement, subject to Foreign Direct Investment guidelines		 Activities specified in memorandum of association
of the company, subject to Foreign Direct Investment guidelines		 Liaison activities No commercial/
business activities are permitted		 Restricted scope Activities listed by RBI are only allowed to be undertaken LLP has to be engaged in sectors for which 100% Foreign Direct Investment is
allowed through automatic route and no Foreign Direct Investment-linked conditions are applicable

Key
compliance
requirements
under FEMA

 Requires to file periodic and annual filings relating to foreign liabilities and
assets, receipt of capital and issuance/ transfer of shares to foreign investors		 Requires to file periodic and annual filings relating to foreign liabilities and
assets, receipt of capital and issuance/ transfer of shares to foreign
investors		 Requires to file Annual activity certificate (by auditors in India) with RBI Requires to file Annual activity certificate (by auditors in India) with RBI Requires to report the details of receipt of amount of consideration for capital
contribution Disinvestment/ transfer of capital contribution are required to be reported to RBI.

Repatriation

 Does not require any approval for remittance of post-tax profits; dividends
declared will
be subject to distribution tax		 Does not require any approval for remittance of post-tax profits;
dividends declared will be subject to distribution tax		 LO is not permitted to undertake any business activity; as such, may not be any
repatriations from LO.		 Approval not required for remittance of post- tax profits to HO outside India,
subject to filing of requisite documents with RBI		 Does not require any approval for remittance of post-tax profits. Unlike a
Company, an LLP is not required to pay tax on withdrawal of profits from partner's capital.

Ease of Exit

 Prior approval of RBI, ROC and income tax authorities Simple or Complex depending upon the strategy adopted.
Exit can be through sale of shares or liquidation.		 Prior approval of RBI, ROC and income tax authorities Prior approval of RBI, ROC and income tax authorities Complex depending upon the strategy adopted Exit can be through sale of interest or
dissolution.

Time Involved (Approx)

 8-10 weeks 8-10 weeks 20-24 weeks 20-24 weeks 8-10 weeks

Compliances

 Depends upon the legal form of JV RBI, MCA and Income Tax, FEMA, etc. RBI, MCA and Income Tax, FEMA, etc. RBI, MCA and Income Tax, FEMA, etc. RBI, MCA and Income Tax, FEMA, etc.

Case Studies

Real Challenges, Proven Solutions - Find out how our financial advisors helped businesses overcome their problems and achieve financial success.

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