Registration of Project Office

✅ Step 1: Eligibility Criteria

  • The foreign entity must have secured a contract to execute a project in India.
  • The project should be funded by any of the following:
    • Inward remittance from abroad
    • Bilateral or multilateral international financing agency
    • Term loans from Public Financial Institutions or banks in India
    • Project approval from appropriate authority

✅ Step 2: Application Submission

  • Submit Form FNC to a designated Authorised Dealer (AD) Category-I Bank where the PO intends to maintain banking relations.

✅ Step 3: Document Preparation

Attach the following documents (notarized/apostilled where applicable):

  • Certificate of Incorporation or Registration
  • Memorandum and Articles of Association (MoA & AoA)
  • Power of Attorney in favor of the signatory
  • Banker’s report from the parent company’s banker
  • Resolution/Authorization to establish a PO
  • Details of the project awarded (e.g., contract copy, project value, funding source)

✅ Step 4: Approval Process

  • The AD Bank processes the application and grants approval under delegated powers.
  • RBI approval is required in special cases:
    • Entities from Pakistan
    • Proposals in defense, telecom, private security, nuclear energy, or media sectors

✅ Step 5: Bank Account Opening

  • Open a Rupee-denominated bank account for local operations.
  • If required, also open a foreign currency account with the same AD Bank, specifically for the project.

✅ Step 6: Registration with Local Authorities

  • In certain cases (e.g., if the parent entity is from Bangladesh, Pakistan, etc.), register with the State Police Authorities.

✅ Step 7: Post-Approval Compliance

  • Inform RBI and the AD Bank about the commencement of operations within 6 months from the date of approval.

✅ Step 8: Operational & Annual Compliance

  • Operate strictly within the scope of the approved project.
  • Submit an Annual Activity Certificate (AAC) to the AD Bank, certified by a Chartered Accountant.
  • Notify the AD Bank in case of:
    • Any change in the name of the PO
    • Changes in top management or key contact details

✅ Step 9: Profit Remittance (If Any)

  • Apply to the AD Bank for remittance of surplus funds/profits.
  • Submit:
    • CA Certificate confirming:
      • All liabilities in India have been adequately met or provided for (e.g., taxes, employee dues)
    • Undertaking from the Project Office stating:
      • The remittance will not affect project completion
      • Any shortfall in India will be funded by inward remittance

🔚 Closure of Project Office

✅ Step 10: Closure & Winding-Up Remittance

Submit the closure request to the AD Bank with:

  • Copy of original approval letter for establishing the PO
  • Auditor’s Certificate certifying:
    • Manner of arriving at the remittable amount
    • Disposal of assets and confirmation that all Indian liabilities are settled
    • No un-repatriated income from Indian operations
  • Declaration from the parent company:
    • No pending legal proceedings in India
    • No legal impediment to the remittance of closure proceeds
  • Copies of filed Annual Activity Certificates (AACs)
Posted in
Uncategorized

Fema Experts

Post a comment

Your email address will not be published.

We at FemaExpert provide comprehensive service for all transactions that fall under FEMA and its one stop solution to all corporate and individual for all the queries related to FEMA. Our highly experienced and updated team takes care of every requirement of clients to solve all issues related to foreign exchange transaction and provide consultancy end to end.
Working Hours : Sun-monday, 09am-5pm
Copyright 2024, Fema Expert. All Rights Reserved
Call Now Button
× How can I help you?