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Liaison Office

Prospective companies and investors looking to enter India must carefully consider their options for investment and available avenues for establishing a business presence. Liaison offices (LOs) are a popular option for foreign investors exploring the Indian market for the first time, and unsure of how the country's liberalizing FDI policies will affect their business. In contrast to other business structures, LOs allow foreign companies to establish a light footprint in India while keeping their financial, legal, and administrative commitments low.

The Foreign Exchange Management Act (FEMA) defines Liaison Office as a place of business to act as a channel of communication between the Principal place of business or Head Office by whatever name called and entities in India but which does not undertake any commercial / trading / industrial activity, directly or indirectly, and maintains itself out of inward remittances received from abroad through normal banking channels. 

Liaison Offices (LOs) can undertake only liaison activities and are not allowed to undertake any business activity in India and cannot earn any income in India. Expenses of a Liaison Office should be met entirely through the inward foreign exchange from Head Office outside India.

Typically a Liaison Office can undertake only the following activities in India:

  1. Representing in India the parent company/group companies
  2. Promoting export / import from / to India
  3. Promoting technical/financial collaborations between parent/group companies and companies in India
  4. Acting as a communication channel between the parent company and Indian companies

A summary of advantage and disadvantage of proprietorship business model are as follows:-

Advantage
Disadvantage
  • A popular option for foreign investors exploring the Indian market for the first time
  • Ideal for providing an Indian face to overseas entities and for marketing purposes
  • Low financial, legal, and administrative commitments
  • Not required to pay Income tax in India
  • Not subject to Transfer Pricing Regulations in India
  • Minimum period of profitability and net-worth of foreign entity required
  • No separate legal entity hence exposes Foreign Company to claims and liabilities in India
  • Not permitted to undertake any trading / commercial activity in India
  • To maintains itself, must  be funded by inward remittances from abroad