A Liaison Office (LO) (also known as
Representative Office) can undertake only liaison activities, i.e. it can act
as a channel of communication between Head Office abroad and parties in India.
It is not allowed to undertake any business activity in India and cannot earn
any income in India. Expenses of such offices are to be met entirely through
inward remittances of foreign exchange from the Head Office outside India.
The role of such offices is, therefore, limited to collecting information
about possible market opportunities and providing information about the
company and its products to the prospective Indian customers. It is not
allowed to undertake any business activity or commercial operation in India and
cannot earn any income in India / raise invoices. The LO can neither borrow nor
lend money. The Unique Identification Number (“UIN”) is to be quoted in
all references made to the RBI by the LO / designated AD.
LO can undertake the following
activities in India:
·
Representing in India
the parent company / group companies.
·
Promoting export /
import from / to India.
·
Promoting
technical/financial collaborations between parent / group companies and
companies in India.
· Acting as a communication
channel between the parent company and Indian companies.
Eligibility:
The application in form FNC should be
forwarded by the foreign entity through AD Bank to the RBI which will be
considered by RBI under two routes:
·
Automatic Route
· Approval
Route: Applications from entities falling from NGO’s / NPO’s / Government
Bodies / Departments are considered by RBI in consultation with the Ministry of
Finance.
In addition, the following eligibility criteria
are also considered by RBI:
·
Profit making track
record of the foreign entity in its home country for the preceding 3 FYs for
LO.
·
Net worth (paid up share
capital + free reserves – intangible assets) of USD 50,000/- for LO as per the
last audited Balance Sheet.
The
approval of LO is valid for 3 years. After completion of 3 years, an
application for renewal is required to be filed with the AD Bank for renewal of
LO for another 3 years.
Without
prior permission of the Reserve Bank, no person being a citizen of / registered
in Pakistan, Bangladesh, Sri Lanka, Afghanistan, Iran, China, Hong Kong or
Macau can establish in India, a LO in India.
Kindy refer
FAQ for detailed comparison of Liaison Office, Branch Office and Project Office
- Updated 04/2024