SPOTLIGHT ON INDIAN ELECTRONICS Spotlight on Indian Electronics | Page 49

ESDM & FDI QUERIES
Liaison Office : A LO ( also known as Representative Office ) can
undertake only liaison activities , i . e ., it can act as a channel of communication between the head office abroad and parties in
Q . 19 What is a Limited Liability Partnership ?
India . It is not allowed to undertake any business activity in
Limited Liability Partnerships : The LLP format allows corporate
India and cannot earn any income in India . Expenses of such
business entity along with the benefits of limited liability . At
offices are to be met entirely through inward remittances of
the same time , it allows the members the flexibility of
foreign exchange from the head office outside India .
organizing their internal structure as a partnership based on
Permission to set-up a LO in India is initially granted for a
mutually-agreed terms . Like a private limited company , LLP is
period of 3 years and this is likely to be extended from time to
a body corporate having a distinct legal entity . The LLPs are
time . Upon expiry of the validity period , these entities have to
governed by the LLP Act 2008 . However , the RBI has still not
either close down or be converted into a Joint Venture ( JV ) /
notified the LLP structure in FEMA .
Wholly Owned Subsidiary ( WOS ), in conformity with the extant
Foreign Direct Investment policy .
FDI will be allowed through the government approval route , only in LLPs operating in sectors / activities where 100 % FDI is
Specified Activities :
allowed through the automatic route and sectors are not
( i )
Representing in India the parent company / group
subject to additional conditions .
companies ;
The other details can be seen from page numbers 16 and 17
( ii ) Promoting export / import from / to India ;
( iii ) Promoting technical / financial collaborations between parent / group companies and companies in India ;
on the following link-
( http :// dipp . nic . in / English / Policies / FDI _ Circular _ 01 _ 2013 . pdf ).
The LLP act and rules can be seen from the following link-
( http :// www . mca . gov . in / LLP /).
( iv ) Acting as a communication channel between the parent company and Indian companies .
The details of registering a New LLP and reporting requirements can be seen from the following links-
Branch Office : The BO should be engaged in the activity in which the parent company is engaged . Retail trading activities of any nature are not allowed for a BO in India . A BO is , also not allowed to carry out manufacturing ( except in an SEZ ) or
( http :// www . mca . gov . in / LLP / RegisterNewComp . html ),
( http :// www . mca . gov . in / LLP / CARFiling . html )
Q . 20 Is it possible to dissolve the LLP in India ?
processing activities in India , directly or indirectly . Profits
The details of LLP closure can be seen from the following linkearned
by BO are freely remittable from India , subject to
( http :// www . mca . gov . in / LLP / CloseCompany . html ).
payment of applicable taxes
Specified Activities : ( I ) Export / import of goods ; ( ii ) Rendering professional or consultancy services ;
( iii ) Carrying out research work , in areas in which the parent company is engaged ;
( iv ) Promoting technical or financial collaborations between Indian companies and parent or overseas group company ;
( v ) Representing the parent company in India and acting as buying / selling agent in India ;
( vi ) Rendering services in information technology and development of software in India ;
( vii ) Rendering technical support to the products supplied by parent / group companies ;
( viii ) Foreign airline / shipping company .
Q . 17 What are the repatriation rules , reporting requirements , etc ., in case of LO / BO / PO ?
The details of reporting and repatriation rules for LO / BO / PO are available in the RBI master circular which can be seen from the following link- ( http :// www . rbi . org . in / scripts / BS _ CircularIndexDisplay . aspx ? Id = 7312 )
As per the new circular , the entity establishing LO / BO / PO are also required to report to the Director General of Police of the concerned state government . The details can be seen from the following link- ( http :// rbi . org . in / Scripts / NotificationUser . aspx ? Id = 7589 & Mode = 0 )
Q . 18 Can LO / BO / PO be closed down ?
The winding up procedure for LO / BO / PO are laid down in the RBI guidelines . For details visit the following link- ( http :// www . rbi . org . in / scripts / BS _ CircularIndexDisplay . aspx ? Id = 7312 )
Information on other forms of business
Spotlight on Indian Electronics 2016 | 49