Similarly, for closure of a branch office, no procedure of winding up needs to be followed. Only intimation on the prescribed form is enough.
The provisions regarding establishment of place(s) of business in India by the Companies incorporated outside India are given in sections 591 to 602 of the Companies Act 1956, which may be viewed on http://www.mca.gov.in/Ministry/pdf/Companies_Act_1956_13jun2011.pdf. In view of these provisions, a foreign company can get a branch office registered with the Registrar of Companies. An e-Form 44 (documents delivered for registration by a foreign company) is required to be filed by authorized representative of the foreign company. This form is available on http://www.mca.gov.in/MCA21/RegisterNewComp.html. The office of the Registrar of Companies, Delhi is the Central Registry office for this purpose.
The EU's original question 20: Could India confirm whether a branch of a foreign company is allowed to operate without incorporation?
India's reply: Branch Office has to register with the Registrar of Companies.
EU FQ 3:
3. Question 24 follow-up: Could India confirm that the FDI policy does not restrict foreign ownership in legal services, auditing services and news agency services? Furthermore, could India confirm that the cross-border provision of news agency services is allowed in India?
Reply: Any investment, including foreign investment, is subject to applicable laws/sectoral rules/regulations/security conditions, which may contain restrictions. Thus, the FDI policy should also be read in consistence with the applicable laws/sectoral rules/regulations/security conditions.
The EU's original question 24: Could India confirm that the list in table II.8 covers all sectors where foreign direct investment is prohibited? In particular, could India confirm that FDI is allowed in legal services, auditing and news agency services?
India's reply: The list in table II.8 covers sectors in which FDI is prohibited under the FDI policy. However, any investment, including foreign investment, is subject to applicable laws/sectoral rules/regulations/security conditions, which may contain restrictions.
EU FQ 4:
4. Question 25 follow-up: Could India confirm that citizens of WTO Members with double nationality, where one nationality is that of a neighbour to which restrictions apply, and juridical persons incorporated in these countries, but owned by persons of other WTO Members are not subject to investment restrictions?
