{“@context”:”https://schema.org”,”@type”:”BlogPosting”,”headline”:”Foreign Company in India: Section 380 Registration, Branch Office vs WOS and Compliance”,”description”:”How foreign companies can establish operations in India — Section 2(42) definition, Section 380 registration requirements, and a comparison of Branch Office, Liaison Office, Project Office, and Wholly Owned Subsidiary structures with FEMA/RBI compliance obligations.”,”author”:{“@type”:”Person”,”name”:”Tradeviser Editorial”},”publisher”:{“@type”:”Organization”,”name”:”Tradeviser”},”datePublished”:”2026-09-27″,”inLanguage”:”en-IN”,”mainEntityOfPage”:{“@type”:”WebPage”,”@id”:”https://tradeviser.com/foreign-company-in-india/”}}

{“@context”:”https://schema.org”,”@type”:”FAQPage”,”mainEntity”:[{“@type”:”Question”,”name”:”What is a Foreign Company under the Companies Act 2013?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Under Section 2(42) of the Companies Act 2013, a Foreign Company is any company or body corporate incorporated outside India that has an established place of business in India — whether through a share transfer office, branch, or other representation. Foreign companies must register with the ROC under Section 380 within 30 days of establishing a place of business in India.”}},{“@type”:”Question”,”name”:”What is the difference between a Branch Office, Liaison Office, and Project Office for a foreign company in India?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”A Branch Office can carry out commercial activities and earn income in India. A Liaison Office can only act as a communication channel — it cannot carry out commercial activities or generate income in India. A Project Office is set up for the duration of a specific project in India. All three require RBI approval under FEMA. A Wholly Owned Subsidiary (WOS) is a separate Indian company incorporated under the Companies Act — it can do everything a domestic company can, including earning and retaining profits.”}},{“@type”:”Question”,”name”:”What forms do foreign companies need to file in India?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Foreign companies operating in India must file: Form FC-1 (within 30 days of establishing a place of business — for Section 380 registration), Form FC-3 (financial accounts — annually), and Form FC-4 (annual return — within 60 days of the last day of each financial year). These are filed with the ROC. Additionally, FEMA and RBI compliance forms (FCGPR, FCTRS, ODI, etc.) must be filed for foreign investment or outward transfers.”}},{“@type”:”Question”,”name”:”Which is better for a foreign company in India: Branch Office or Wholly Owned Subsidiary?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”A Wholly Owned Subsidiary (WOS) is generally preferred for most foreign companies entering India. A WOS is a separate legal entity — it protects the parent company from direct liability, can earn profits, raise local debt, and enjoy all benefits available to domestic Indian companies. A Branch Office exposes the parent company to liability for branch operations, is more restricted in permitted activities, and cannot raise equity. The WOS route also benefits from favorable tax treaty positions in many cases.”}},{“@type”:”Question”,”name”:”Does a foreign company need RBI approval to set up in India?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Yes. Foreign companies must obtain Reserve Bank of India (RBI) approval to set up a Branch Office, Liaison Office, or Project Office in India under FEMA regulations. The application is filed with the RBI through the Authorised Dealer (AD) banker. However, for incorporating a Wholly Owned Subsidiary (Indian company), FDI is governed by DPIIT/RBI Foreign Investment policy — most sectors now permit 100% FDI under the automatic route without prior RBI approval.”}}}]}

{“@context”:”https://schema.org”,”@type”:”HowTo”,”name”:”How to Register a Foreign Company Branch in India (Section 380)”,”step”:[{“@type”:”HowToStep”,”position”:1,”name”:”Obtain RBI approval”,”text”:”Apply to RBI through the AD banker for approval to establish a Branch Office, Liaison Office, or Project Office under FEMA. Provide parent company details, financial statements, and proposed activities.”},{“@type”:”HowToStep”,”position”:2,”name”:”Establish the place of business in India”,”text”:”Once RBI approves, set up the physical office/branch in India. The 30-day clock for MCA filing starts from this date.”},{“@type”:”HowToStep”,”position”:3,”name”:”File Form FC-1 with ROC”,”text”:”File Form FC-1 (Section 380 registration) with the relevant ROC within 30 days of establishing the place of business. Attach the parent company’s Certificate of Incorporation, MOA/AOA, and list of directors.”},{“@type”:”HowToStep”,”position”:4,”name”:”Obtain Certificate of Registration”,”text”:”ROC issues a Certificate of Registration as a Foreign Company. The company now has an Indian registration number (starting with ‘F’).”},{“@type”:”HowToStep”,”position”:5,”name”:”Annual compliance filings”,”text”:”File Form FC-3 (financial accounts) and Form FC-4 (annual return) annually with the ROC. Maintain a local registered office in India, appoint an authorised representative resident in India, and comply with all applicable FEMA/RBI reporting requirements.”}]}

CA Madhusmita Padal

CA Madhusmita Padal is a Practicing Chartered Accountant with firms based in Odisha and Chennai. She specializes in taxation, company law, and auditing. She is passionate about simplifying complex concepts and making knowledge accessible to all.