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57<br />

<strong>International</strong> <strong>Business</strong>- <strong>Dr</strong>. R. <strong>Chandran</strong><br />

Permission for setting up branch offices is granted by the Reserve Bank<br />

of India on a case-to-case basis. The RBI normally considers the<br />

operating history of the applicant worldwide and its proposed activities in<br />

India for granting the approval.<br />

Through an Indian Arm<br />

The entry strategies through an Indian entity are given below. The Indian<br />

entity may be a subsidiary of the foreign company in India or it may be<br />

joint venture.<br />

As an Indian company<br />

A foreign company can commence operations in India through<br />

incorporation of a company under the provisions of the Indian<br />

Companies Act, 1956. Foreign equity in such Indian companies can be<br />

up to 100% depending on the business plan of the foreign investor<br />

subject to the prevailing investment policies of the Government and<br />

receipt of requisite approvals. For registration as an Indian company and<br />

its incorporation, an application has to be filed with the Registrar of<br />

Companies. Once a company has been duly registered and incorporated<br />

as an Indian company, it will be subject to the same Indian laws and<br />

regulations that are applicable to other domestic Indian companies.<br />

Joint venture with an Indian partner<br />

Foreign companies can set up their operations in India by forging<br />

strategic alliances with Indian partners. Setting up operations through a<br />

joint venture may entail the following advantages for a foreign investor:-<br />

1. Established distribution/marketing set up of the Indian partners.<br />

2. Available financial resources of the Indian partner.<br />

3. Established contacts of an Indian partner, which help the process of<br />

setting up operations.<br />

Wholly owned subsidiary company<br />

The other investment option open to foreign investors is the setting up of<br />

a wholly owned subsidiary. This implies that the foreign company can<br />

own 100% shares of the Indian company. All such cases are subject to<br />

prior approval from the Foreign Investment Promotion Board (FIPB).<br />

Only for Private Circulation

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