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Home / Checklist - Foreign Company Offices

Checklist - Foreign Company Offices

Last updated · 3 August 2026

A liaison office, a branch office and a project office of a foreign company report twice over: to the Reserve Bank of India through the authorised dealer bank under FEMA, and to the Registrar of Companies as a foreign company under Chapter XXII of the Companies Act, 2013. The three office types share almost the same annual set, and the differences are marked in the table below.

Filings under FEMA and with the Registrar of Companies

The Annual Activity Certificate is the pivot of the FEMA side and the Registrar filings sit alongside it. All three office types file, unless a row says otherwise.

#ComplianceDue date
1Annual Activity Certificate as at 31 March, from the statutory auditors, submitted to the authorised dealer Category-I bank — RBI Master Direction on the establishment of branch, liaison and project offices. Applies to the liaison office, the branch office and the project office.30 September each year
2Copy of the Annual Activity Certificate to the Director General of Income Tax (International Taxation). Required for the liaison office and the branch office. The Master Direction does not extend this to a project office.30 September each year
3Foreign Liabilities and Assets return to the Reserve Bank, on the position as at 31 March — under FEMA, 1999. All three office types.15 July each year
4Form FC-3 — the accounts of the foreign company, in the form required by Schedule III, together with the list of places of business in India — section 381 and rule 4 of the Companies (Registration of Foreign Companies) Rules, 2014Within six months of the close of the financial year, that is by 30 September. The Registrar may extend by up to three months
5Form FC-4 — the annual return of the foreign company — section 384(2) and rule 7Within sixty days of the close of the financial year, that is by 30 May
6Form FC-1 — particulars on establishment of the place of business, and on any alteration in the documents delivered — section 380 and rule 3Within thirty days of establishment, and within thirty days of any alteration
7Annual report to the Director General of Police of the State in which the office is situated, where the approval carried a security clearance conditionAnnually, in the manner set out in the approval
8Form 3CEB — accountant's report on international transactions, which a branch or project office will almost always have with its head office31 October
9Renewal or extension of the approval. A liaison office is approved for a fixed term, commonly three years, and the extension is granted by the authorised dealer bank. A project office runs to the completion of the project.Applied for before the existing validity expires

A liaison office may not earn any income in India and may only carry on liaison activities. The Annual Activity Certificate is the document by which that is confirmed each year, and an activity outside the approved scope shown in the certificate is the most common cause of difficulty at renewal.

The project office position on the Annual Activity Certificate should be confirmed with the authorised dealer bank. The Master Direction applies the certificate to all three office types, but the RBI FAQ page is silent on project offices, and some authorised dealer banks accept a chartered accountant's project status report instead. Confirm the form the bank wants before the September deadline rather than after it.

Governance of the office

None of the three office types is a company incorporated in India, so there is no board and no annual general meeting in India. What governs is the resolution of the foreign company's own board and the terms of the approval.

#Meeting or obligationRequirement
1Annual general meeting in IndiaNot required. The office is not a separate company incorporated in India
2Board resolution of the foreign companyRequired for the appointment and change of the authorised representative in India, for the accounts to be delivered under section 381, and for any alteration reported in Form FC-1
3Authorised representative in IndiaThe name and address of one or more persons resident in India authorised to accept service must be delivered to the Registrar, and kept current
4Approved scope of activityTested every year in the Annual Activity Certificate. A liaison office in particular must be able to show that it has not undertaken any commercial, trading or industrial activity

Documents required to be drafted

The document set is small, and it is almost entirely evidence: evidence that the office did only what it was approved to do, and that the funds that came in and went out did so through the permitted route.

#DocumentWhen
1Audited accounts of the Indian office, prepared for the year ended 31 MarchBefore the Annual Activity Certificate is issued
2Annual Activity Certificate from the statutory auditorsBy 30 September
3Accounts of the foreign company in the form required by Schedule III, for Form FC-3By 30 September
4Board resolution and power of attorney in favour of the authorised representative in IndiaKept current, and filed on any change
5Record of remittances to and from the head office, with the supporting Form A2 and the bank certificatesMaintained through the year
6Transfer pricing documentation for the transactions with the head office and with associated enterprisesBefore Form 3CEB is filed
Records to be maintained
  • Books of account of the Indian office, kept in India at the principal place of business — section 381 read with section 128 of the Companies Act, 2013.
  • Record of the places of business in India, which is filed with Form FC-3.
  • Register of the authorised representatives and of the documents delivered to the Registrar under section 380.
  • Correspondence and approvals with the authorised dealer bank and the Reserve Bank, including the original approval letter and every extension.
  • Transfer pricing records under rule 10D of the Income-tax Rules, 1962, kept for eight years.

Taxation and accounting compliances

Alongside the filings with the Registrar, the following tax and accounting compliances commonly apply. Which of them actually bite depends on turnover, on the nature of the receipts and on registration under the respective statute.

#ComplianceDue date
1Form ITR-6 — return of income of the foreign company in respect of its Indian operations31 October; 30 November where Form 3CEB is filed, which will usually be the case
2Form 3CEB — accountant's report on international transactions with the head office and with associated enterprises31 October
3Tax audit report in Form 3CA with Form 3CD, where section 44AB applies30 September; 31 October where transfer pricing applies
4Withholding tax on remittances to the head office and to non-residents, with Form 15CA and the accountant's certificate in Form 15CBBefore each remittance
5GST returns — GSTR-1 monthly (11th of the following month) or quarterly under QRMP (13th of the month after the quarter), and GSTR-3B monthly (20th) or quarterly (22nd or 24th, depending on the State group). Registration is required once turnover crosses ₹40 lakh for goods or ₹20 lakh for services (₹20 lakh and ₹10 lakh in special-category States).Monthly or quarterly, as opted
6GSTR-9 — GST annual return, where aggregate turnover exceeds ₹2 crore31 December following the financial year
7GSTR-9C — self-certified reconciliation statement, where aggregate turnover exceeds ₹5 crore31 December following the financial year
8TDS returns — Form 24Q (salary), 26Q (resident non-salary) and 27Q (non-resident), by every person holding a TAN31 July, 31 October, 31 January and 31 May
9TCS return — Form 27EQ, by every person liable to collect tax at source15 July, 15 October, 15 January and 15 May
10Monthly deposit of TDS and TCS7th of the following month; 30 April for March
11TDS and TCS certificates — Form 16 (salary), Form 16A and Form 27DForm 16 by 15 June; Form 16A and 27D within 15 days of the return due date
12Advance tax — where the tax liability for the year is ₹10,000 or more, in instalments of 15, 45, 75 and 100 per cent of the estimated liability15 June, 15 September, 15 December and 15 March

Dates are those applicable to the financial year 2025-26 (assessment year 2026-27). The Income-tax Act, 2025 replaces the 1961 Act from tax year 2026-27, and the section numbers in every tax checklist will change from that year — the dates above are stated on the 1961 Act as it applies to this cycle.

Labour law compliances and their applicability

Labour law obligations are triggered by headcount and by wage levels rather than by the form of the entity, so the same table applies whether the employer is a company, an LLP, a firm or a proprietor. The threshold column is what decides whether a line applies at all.

#ComplianceApplies to
1Employees' Provident Fund — monthly ECR and remittance of contributions at 12 per cent by each of employer and employee. Paid by the 15th of the following month. The separate annual returns in Form 3A and 6A were discontinued when the ECR was introduced; the annual account is generated automatically.Establishments employing 20 or more persons. Mandatory coverage up to a wage of ₹15,000 a month; voluntary coverage is possible below the threshold
2Employees' State Insurance — monthly contribution and challan at 3.25 per cent (employer) and 0.75 per cent (employee), by the 15th of the following month, and the half-yearly return of contributions where the region still requires itEstablishments employing 10 or more persons (20 in some States for shops). Covers employees drawing wages up to ₹21,000 a month, or ₹25,000 for a person with disability
3POSH — constitution of the Internal Committee, a policy, and an awareness and training programmeEvery workplace with 10 or more employees, counting all workers of every description. Members hold office for a maximum of three years and must then be reconstituted
4POSH annual report to the District Officer, and the disclosure of the number of complaints in the Board's reportEvery employer that is required to have an Internal Committee. Section 22 does not fix a central date — the date is set by the State rules, and is 31 January in several States and 28 February or 31 March in others. Confirm the date for the State in which the workplace is situated.
5Payment of Bonus — payment of the annual bonus and the annual return in Form DEstablishments employing 20 or more persons, for employees drawing up to ₹21,000 a month. Bonus is payable within eight months of the close of the year
6Payment of Gratuity — payment on the event, and the notices in Forms A, B and CEstablishments employing 10 or more persons. Payable after five years of continuous service, and after one year for a fixed-term employee
7Maternity Benefit — 26 weeks of paid leave, and the registers and returns under the State rulesEstablishments employing 10 or more persons. A creche is required at 50 or more
8Professional tax — enrolment, registration and the periodic returnOnly in the States that levy it — Maharashtra, Karnataka, West Bengal, Tamil Nadu, Andhra Pradesh, Telangana, Gujarat, Madhya Pradesh, Odisha, Kerala, Assam and others. It is not levied in Delhi, Uttar Pradesh, Haryana, Rajasthan or Punjab
9Shops and Establishments — registration and, where the State requires it, renewalEvery shop and commercial establishment, from the day it commences. Registration within 30 days; renewal cycles run from one year to lifetime depending on the State
10Contract labour — registration of the principal employer, licensing of the contractor, and the periodic returnsWhere 20 or more contract workers are engaged (the threshold is 50 under the Occupational Safety, Health and Working Conditions Code, 2020)
11Minimum wages — payment at not less than the notified rate, with the variable dearness allowance revisionEvery scheduled employment. Central revisions usually take effect on 1 April and 1 October; State cycles differ

Headcount thresholds are counted across the establishment, not the entity, and several of them are State-specific. Where an entity operates from more than one State the position must be tested State by State.

The four Labour Codes are now in force, and the provident fund position has now settled too. The Code on Wages, 2019, the Industrial Relations Code, 2020, the Occupational Safety, Health and Working Conditions Code, 2020 and the Code on Social Security, 2020 were brought into force on 21 November 2025, and the Central Rules were notified on 8 May 2026. The Employees' State Insurance Act, the Payment of Bonus Act, the Payment of Gratuity Act and the Maternity Benefit Act stand repealed and subsumed into the corresponding chapters of the Code on Social Security. The Employees' Provident Funds Act, 1952 was kept alive for a time by a corrigendum of December 2025, because no scheme had yet been framed under section 15 of the Code — but that gap closed on 29 June 2026, when the Employees' Provident Fund Scheme, 2026 was notified together with new pension and deposit-linked insurance schemes, superseding the 1952, 1995 and 1976 schemes. Existing accounts, balances and service history carried over automatically. In practice the EPFO and ESIC portals, forms and dates continue as before, so the table above still describes what has to be done. The change that matters most is the new definition of wages, under which basic pay and dearness allowance must be at least half of total remuneration — it re-bases provident fund, gratuity, bonus and leave encashment for almost every employer. State rules remain unnotified in most of the large employment States, including Maharashtra, Karnataka, Tamil Nadu, Telangana, Haryana, Uttar Pradesh, Delhi and Kerala; that does not excuse compliance with the Codes themselves, which apply everywhere.

Event-based compliances

Everything set out above recurs every year. Separately from these, a liaison, branch or project office attracts event-based compliances — obligations that arise only when something particular happens, and that usually carry a short deadline running from the date of the event itself rather than from the close of the financial year.

These are not listed here, and deliberately so. They run to a very long list, they depend entirely on what has actually happened, and a general page cannot tell you which of them apply to you. Typical triggers include a change in the persons in charge, a change in capital or in the constitution, the creation or satisfaction of security over assets, a change of address, the approval of a transaction of a kind that requires prior consent, and the acquisition or disposal of an interest by a person who has to be reported to the Reserve Bank of India through the authorised dealer bank, and the Registrar of Companies. Several of them carry a filing window of 15 or 30 days, and the additional fee for filing late can be many times the normal fee.

If an event of this kind has occurred, or is being planned, the position should be checked before the deadline rather than after it. Please write to us with what has happened and we will tell you what has to be filed and by when.

These are the major compliances applicable to a liaison, branch or project office. They are not the whole of the law. This checklist is general. It sets out the filings, meetings, documents and returns that apply to most Foreign Company Officess in the ordinary course. Apart from these, there may well be further compliances that apply to you — because of the sector you operate in, the licences you hold, the States you operate from, the composition of your ownership, a foreign shareholder or lender, a registration you have taken under a special statute, or simply because of something that has happened during the year. Thresholds and due dates also change from year to year, and a date that is right for one financial year may not be right for the next.

Please do not treat this page as advice on your own facts. Before you rely on it, have the position checked against your own constitution documents, your last filed accounts and your actual figures for the year. We would be glad to do that for you.

Have your position checked

Tell us what the entity is and we will confirm exactly which of these apply to you this year, what is already overdue, and what it will cost to put right.

Prepared by MPS & Associates, Company Secretaries, on the law as it stood on 3 August 2026, by reference to the Ministry of Corporate Affairs, the Securities and Exchange Board of India, BSE Limited, the National Stock Exchange of India Limited, the Reserve Bank of India, the Central Board of Direct Taxes and the Goods and Services Tax Network, as applicable. Statutes, rules, thresholds and due dates change. Nothing on this page is professional advice, and no professional relationship arises from reading it. Please see our Disclaimer.

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