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🏢 Branch Office vs. Wholly Owned Subsidiary: A Legal Guide for Indian Businesses Expanding Abroad 🌍

As Indian companies grow and achieve sustained export success, the next logical step is to establish a physical presence in foreign markets. But which route should you choose — Branch Office or Wholly Owned Subsidiary (WOS)?

Each structure has its own legal, tax, and compliance implications. Here’s a detailed comparison, including Indian legal provisions and regulations in key international markets.

 

🔹 1. Branch Office (BO)

A Branch Office is not a separate legal entity — it functions as an extension of the Indian parent company. Ideal for market representation, liaison, and customer service.

✅ Indian Legal Framework

• FEMA Regulations:
  Under FEMA Notification No. FEMA 7(R)/2015-RB:
  • All financial transactions must go through an authorized dealer bank.
  • BOs cannot manufacture, but can engage in:
    • Consulting
    • Marketing
    • Research and development
• RBI Guidelines:
  • RBI approval is mandatory if the country is not under the automatic route.
  • Annual compliance filings with RBI are compulsory.
• Taxation:
  • All income earned is taxed in India as part of the parent company’s global income.

🌍 Foreign Regulations

• USA:
  • Must register with the Secretary of State.
  • Income taxed under US corporate tax as Indian entity’s income.
• UAE:
  • Must obtain a Trade License.
  • Requires a local sponsor or agent.
  • Can offer services but cannot manufacture or trade locally.

🔹 2. Wholly Owned Subsidiary (WOS)

A WOS is a completely independent legal entity in the foreign country, fully owned by the Indian parent.

✅ Indian Legal Framework

• Companies Act, 2013:
  • Must comply with Section 379 if operations affect India.
  • Must maintain consolidated financials and proper governance.
• RBI – Overseas Direct Investment (ODI):
  • Falls under the ODI Regulations.
  • Automatic route applies for most countries; approval needed in restricted jurisdictions.
• Taxation:
  • Profits are taxed abroad.
  • Dividends to India are subject to DTAA (Double Taxation Avoidance Agreement) benefits.

🌍 Foreign Regulations

• USA:
  • Register as C Corp, S Corp, or LLC.
  • Offers liability protection.
• UK:
  • Incorporated under Companies Act, 2006.
  • Must register with Companies House and appoint a local director.
• Singapore:
  • Governed by the Companies Act, Cap. 50.
  • Must have at least one local resident director.

⚖️ Branch Office vs. Wholly Owned Subsidiary: Key Differences

Feature	Branch Office	Wholly Owned Subsidiary
Legal Status	Extension of Indian Co.	Separate legal entity
Activities	Liaison, service, marketing only	Full-scale operations incl. manufacturing
Liability	Indian company liable	Limited to subsidiary’s assets
Taxation	Taxed in India	Taxed abroad
Compliance	RBI + FEMA	ODI + Host country laws
Closure	Easier to close	Requires liquidation or sale

🌍 Key Considerations Before Choosing a Market

1. DTAA (Double Tax Treaties)
   Minimize tax on overseas income with treaty benefits.
2. Ease of Doing Business
   Prefer countries with strong governance, low bureaucracy, and digital systems.
3. Government Incentives
   For example, Singapore offers startup tax exemptions.
4. Trade Agreements
   Leverage India’s FTAs and bilateral treaties for easier market access.

🚀 Conclusion

Choosing the right entry structure is critical for regulatory compliance, tax optimization, and long-term success. Whether you go for a Branch Office or a Wholly Owned Subsidiary, proper planning is essential.

🔍 Want to expand your Indian business globally the right way?

📞 Call International Business Lawyer Prashant Ajmera at
📲 +91 99742 53030
🌐 Or Read More on Our Blog: www.ajmeralaw.com/blog

#IndianBusinessAbroad #GlobalExpansion #BranchVsSubsidiary #FEMA #ODI #ExportStrategy #AjmeraLawGroup #GoGlobal #MakeInIndia #InternationalMarkets

Grenada Residency and Citizenship by Investment: Your Pathway to the USA with the E-2 Visa

In recent years, Grenada has emerged as one of the most attractive destinations for residency and citizenship by investment (CBI). Nestled in the Caribbean, this picturesque island nation offers not just a serene lifestyle but also a unique opportunity to access the United States through the E-2 visa treaty. In this blog, we’ll explore the benefits of Grenada’s CBI program, the pathway to the U.S. E-2 visa, and the 3-year domicile requirement that ensures compliance with the program’s regulations.

Why Grenada?

Grenada’s Citizenship by Investment program is among the most flexible and accessible in the world. With updated investment requirements, applicants can choose between the following options:

• National Transformation Fund (NTF) Contribution:
  

• A non-refundable contribution of $235,000 USD to the NTF.
  

• This option is suitable for individuals or families seeking a straightforward path to citizenship.
  

• Real Estate Investment:
  

• Option 1: An investment of $270,000 USD in a government-approved real estate project.
  

• Option 2: An investment of $350,000 USD in a government-approved single-unit property.
  

• In both cases, the property must be held for a minimum of five years.
  

• This option allows investors to potentially earn returns from their real estate investment.
  

Key benefits of Grenadian citizenship include:

• Visa-free travel to over 140 countries, including the Schengen Area, the United Kingdom, and China. 

• Dual citizenship allowed without the need to renounce your current nationality.
  

• No global income, inheritance, or wealth taxes for citizens.
  

However, what truly sets Grenada apart is its treaty with the United States, which opens the door to the coveted E-2 visa.

What is the E-2 Visa?

The E-2 visa is a non-immigrant visa that allows individuals from treaty countries, including Grenada, to enter and work in the United States through investment in a U.S.-based business. Key features of the E-2 visa include:

• Relatively Low Investment Threshold: While there is no fixed minimum, investments typically range between $100,000 and $500,000.
  

• Work Authorization: Investors can actively manage their business in the U.S., and their spouse can also apply for work authorization.
  

• Renewable Status: The E-2 visa can be renewed indefinitely as long as the business remains operational and compliant.
  

• Family Inclusion: Spouses and children under 21 can accompany the primary applicant, with children eligible for U.S. education.
  

Grenadian citizens enjoy privileged access to the E-2 visa, making Grenada’s CBI program a gateway for global entrepreneurs and investors seeking to establish themselves in the United States.

Which Family Members Can Be Included?

Grenada’s Citizenship by Investment program allows applicants to include the following family members:

• Spouse: The applicant’s legally married partner.
  

• Children: Dependent children under 30 years of age, including biological, adopted, or stepchildren.
  

• Parents and Grandparents: Parents or grandparents of the main applicant or spouse, provided they are financially dependent on the applicant.
  

• Siblings: Unmarried siblings of the main applicant or spouse who do not have children.
  

This comprehensive family inclusion ensures that Grenada’s CBI program benefits the entire family unit.

Pathway to the E-2 Visa

• Obtain Grenadian Citizenship:
  

• Apply through the Citizenship by Investment program by investing in government-approved real estate or the National Transformation Fund.
  

• Receive Grenadian citizenship within three to six months.
  

• Plan Your U.S. Investment:
  

• Identify a business opportunity in the United States.
  

• Make a substantial and at-risk investment in the business.
  

• Apply for the E-2 Visa:
  

• Submit your application at a U.S. Embassy or Consulate.
  

• Provide proof of Grenadian citizenship, business investment, and intent to develop and manage the enterprise.
  

• Move to the United States:
  

• Once approved, you and your family can relocate to the U.S., gaining access to unparalleled economic and educational opportunities.
  

Understanding the 3-Year Domicile Requirement

While Grenada’s CBI program offers immense benefits, it also includes a domicile requirement to ensure genuine ties to the country. Applicants must:

• Establish a physical presence in Grenada within three years of obtaining citizenship.
  

• Maintain ties to Grenada by visiting periodically or retaining local investments.
  

This requirement ensures the integrity of the program and reinforces Grenada’s reputation as a trustworthy and compliant jurisdiction for citizenship by investment.

Why Choose Grenada for Your CBI Journey?

Grenada’s unique combination of a high-quality CBI program and access to the U.S. E-2 visa makes it a standout choice for global investors. By choosing Grenada, you not only secure a second passport but also create a pathway for expanding your horizons in the United States.

If you’re considering Grenada as your gateway to global mobility and U.S. opportunities, contact us today for expert guidance on the process. Let us help you turn your investment into a lifetime of possibilities for you and your family.

The author of this article is Mr. Prashant Ajmera, an Indian immigration lawyer and Canadian citizen. He is the founder of Ajmera Law Group and the author of two books, “Millionaires On The Book” and “How to Plan for Your Child’s Foreign Education.” Over the past 30 years, he has assisted and advised over 30,000 students and families on planning their foreign education and settlement. He regularly speaks at various forums on this subject.

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**EB-5 Interest: India is Not China!**

**Don’t Rush and Make the Wrong EB-5 Project Choice**

The October 2024 Visa Bulletin from USCIS confirms my view.

Since 2014, EB-5 regional centers and project owners have been entering the Indian market, predicting that India would follow China’s path in terms of EB-5 demand due to the large populations of both countries. Many EB-5 projects in India are marketed with the warning that India’s EB-5 wait times will soon be as long as China’s.

However, based on my 30+ years of experience in the Residency & Citizenship Industry, I have consistently said over the past decade that India will never reach China’s level of EB-5 backlog. This is due to several reasons, including India’s economy, democratic system, cultural diversity, and even lifestyle differences.

The October 2024 Visa Bulletin from USCIS confirms this view.

For Indian investors, the priority date for EB-5 visa issuance (Table A) is January 1, 2022, and for EB-5 file processing (Table B), it’s April 1, 2022—dates aligned with the introduction of new EB-5 regulations. In contrast, China’s EB-5 priority date for visa issuance is July 15, 2016, and its file processing date is October 1, 2016.

Indian investors should carefully evaluate their options before selecting a project, whether it’s a standalone direct investment (under new rules, only one EB-5 investor is allowed per project) or a regional center project.

It is also crucial to work with an experienced EB-5 immigration attorney who has expertise in filing EB-5 petitions. Engaging just any lawyer may not suffice. An Indian immigration lawyer with experience in this area can also assist in documenting the source of funds, which is a critical aspect of EB-5 approval.

At our law office, we are currently managing cases filed in 2020-2021, which have received detailed Requests for Evidence (RFE) from USCIS, mainly concerning the source of funds.

Don’t rush into an EB-5 investment and risk your capital. Investing in a project connected to friends or family does not guarantee the security of your EB-5 investment. Take the time to conduct proper due diligence and make informed decisions.

The author of this article is Mr. Prashant Ajmera, an Indian immigration lawyer and Canadian citizen. He is the founder of Ajmera Law Group and the author of two books, “Millionaires On The Book” and “How to Plan for Your Child’s Foreign Education.” Over the past 30 years, he has assisted and advised over 30,000 students and families on planning their foreign education and settlement. He regularly speaks at various forums on this subject.

Ajmera Law Group: Mo: +91 9974253030 | info@ajmeralaw.com | www.ajmeralaw.com