Legal Question in Business Law in India

Business Address

My question is regarding a corporation formed in California but a partner is in India. Can we legally list on business cards and web site a local India address for contact purposes only without violating any laws in India. The address would be residential address if we could use it.


Asked on 2/22/04, 1:32 pm

5 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: Business Address

No...you do not violate any Indian laws. What is the US immigration status of the person who is in India?

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Answered on 2/23/04, 1:07 am
Jayesh Desai Jayesh Desai

Re: Business Address

You shall not violate any law in India. But, you shall be liable to tax on your income (may be Global- depending upon nature and accounting practise you have adopted) in India.

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Answered on 2/23/04, 1:32 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Business Address

I don't know about the laws of India, but your question raises one potential problem regarding the laws of the United States. Your corporation will not be able to take advantage of the "S" corporation taxation election. So-called "S" corporations cannot have nonresident alien shareholders. If you want the benefits of avoiding double taxation of business income, the business could perhaps be organized as a limited liability company (LLC).

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Answered on 2/22/04, 1:48 pm
Vishwa Arya Arya & Co.

Re: Business Address

No, you do not violate any law in India by giving on business cards and web site, a local India address, for contact purposes only.

Regards,

Arya

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Answered on 2/22/04, 2:13 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Business Address

One other issue you should consider is whether India's taxing authority would consider your corporation as doing business in that locale, thereby subjecting you to business taxes, if any. I have no information about India law, however.

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Answered on 2/22/04, 2:21 pm


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