Documents required for making an application for setting up a LO in India

A. Following documents and information are required for making an application for
setting up a LO in India1:
1. Form FNC;
2. Form FC-1 along with fees;
3. Letter of Comfort (wherever applicable);
4. Copy of the Certificate of Incorporation/Registration; Memorandum of Association;
Articles of Association attested by the Notary Public in the country of registration ( if in
any other language other than English, then the same has to be translated into English
and notarized as above and cross verified by the Indian Embassy in the home country);
5. Audited Balance sheet of the applicant company for the last five years (if the applicants'
home country laws/regulations do not insist on auditing of accounts, an Account
Statement certified by a Certified Public Accountant (CPA) or any Registered Accounts
Practitioner by any name, clearly showing the net worth may be submitted);
6. Banker’s Report from the applicant’s banked in the host country of registration showing
the number of years the applicant has had banking relations with that bank;
7. Power of Attorney in favour of signatory of Form FNC in case the Head of the overseas
entity is not signing the Form FNC;
8. Declaration by the applicant company;
9. Resolution for opening up a Bank account with the Banker;
10. Duly signed bank account opening form for Indian Bank;
11. Permanent Account Number;
12. Tax Deduction and Collection Account Number;
13. Unique Identification Number;
14. Registration and approval letter from the Police authorities to be marked by AD
Category-I Bank to the MoHA (in case the applicant from Bangladesh, Sri Lanka,
Afghanistan, Iran, China, Hong, Kong, Macau, and Pakistan).

B. Following documents and information are required to be delivered to the

Registrar within 30 days of establishment of a LO by foreign companies2:
1. A certified copy of the charter, statutes or memorandum and articles of the company or
other instruments constituting or defining the constitution of the company and, if the
instrument is not in the English language, a certified translation thereof in the English
language;
2. The full address or the registered or principal office of the company;
3. A list of the directors and secretary of the company containing such particulars as may be
prescribed;
4. The name(s) and address(es) of one or more persons resident in India authorised to accept
on behalf of the company service of process and any notices of other documents required
to be served on the company;
5. The full address of the office of the company in India which is deemed to be its principal
of place of business in India;

1
FEM (Establishment of LO/BO, etc.) Regulations, 2016

2
Section 380 of the Companies Act, 2013
6. Particulars of opening and closing of a place of business in India on earlier occasion(s);
7. Declaration that none of the directors of the company or the authorised representative in
India has ever been convicted or debarred from formation of companies and management
in India or abroad;
8. In case any alteration is made or occurs in the documents delivered to the Registrar under
Section 380 of the Companies Act, 2013, the foreign company shall, within thirty days of
such alteration, deliver to the Registrar for registration, a return containing the particulars
of the alteration in the prescribed form; and
9. Any other information as may be prescribed.