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[Home](https://treelife.in) &gt; [Case Studies](https://treelife.in/category/case-studies/) &gt; We facilitated a seamless global expansion for an Indian company

# We facilitated a seamless global expansion for an Indian company

###### Written By

![Image](https://cdn.treelife.in/2024/09/treelife-icon.jpg)

Treelife

###### Published on

##### July 26,
2024

###### Last updated on

##### March 4, 2025
16:58

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 AI Summary

- Treelife advised an Indian private limited company on transitioning to a US-headquartered structure to enable global expansion and raise funds from foreign investors.
- The restructuring involved setting up a limited liability partnership (LLP) in India as the first step of the transaction.
- The Indian LLP invested in a newly incorporated US entity under the Overseas Direct Investment (ODI) route regulated by the Reserve Bank of India (RBI).
- The US entity subsequently acquired the shares of the Indian operating company from the individual promoters, completing the flip to a US-headquartered structure.
- The transaction was structured to comply with Foreign Exchange Management Act (FEMA) regulations and applicable income-tax provisions.
- The erstwhile gift route structure under the old ODI rules is no longer viable, since Indian resident founders can now directly receive gifts of shares from relatives.
- Revamped RBI ODI rules bar a foreign company from setting up an Indian subsidiary where Indian promoters control that foreign company, shaping the chosen structure.
- A transfer pricing benchmarking study is required for all ongoing transactions between the US parent entity and its Indian subsidiary.
- The structure was designed to ensure minimal income-tax implications while adhering to FEMA pricing norms for the cross-border transactions.

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Blog Content Overview

- [1 Business Overview](#Business_Overview)
- [2 Project Undertaken](#Project_Undertaken)
- [3 Structure Mechanics:](#Structure_Mechanics)
    - - [3.0.1](#nbsp)
- [4 Parameters:](#Parameters)
- [5 Facts:](#Facts)

Treelife played a pivotal role in helping an Indian private limited company transition to a US-headquartered structure. By setting up an LLP in India and guiding the investment process under the ODI route, we ensured compliance with FEMA and income-tax regulations. Our strategic approach enabled the company to raise funds from foreign investors and expand globally with minimal tax implications.

## **Business Overview**

Indian individual promoters had established a private limited company in India and sought to expand their business globally. They aimed to raise funds from foreign investors and transition to a US-headquartered structure.

## **Project Undertaken**

- Setting up an LLP in India
- Investment in a newly incorporated US entity under the ODI route
- Acquisition of Indian entity shares by the US entity from the promoters

## **Structure Mechanics:**

- Indian individual promoters set up an LLP in India.
- The LLP makes investments in a newly incorporated US entity under the ODI route.
- The US entity acquires the shares of the Indian entity from the promoters, adhering to FEMA and income-tax regulations.
- A benchmarking study is undertaken for all ongoing transactions between the US entity and the Indian entity.

####

## **Parameters:**

- The gift structure used under the erstwhile ODI rules was no longer possible, as Indian resident founders can now receive gifts of shares from their relatives.
- Recently revamped ODI rules by RBI do not permit a foreign company to set up an Indian subsidiary where the Indian promoters control such a foreign company.
- Any transaction between the offshore company and its Indian subsidiary needs to be benchmarked from a transfer pricing perspective.
- Minimal income-tax implications and adherence to FEMA pricing norms.

## **Facts:**

- Indian promoters aimed to expand their business globally and raise funds from foreign investors.
- They sought to move to a US-headquartered structure to facilitate this expansion.

By strategically structuring the investment and ensuring compliance with the latest ODI rules and FEMA pricing norms, Treelife enabled the company to achieve its global expansion goals. Our financial advisory services provided the necessary support to navigate complex regulatory landscapes and optimize tax implications, ensuring a smooth transition for the company’s international growth.

[ Read as Markdown](https://treelife.in/case-studies/we-facilitated-a-seamless-global-expansion-for-an-indian-company/?format=markdown)

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2. [SaaS Company – Angel Funding Round](https://treelife.in/case-studies/saas-company-angel-funding-round/ "SaaS Company – Angel Funding Round")
3. [We streamlined financial operations for an insurance-tech company in record time](https://treelife.in/case-studies/we-streamlined-financial-operations-for-an-insurance-tech-company-in-record-time/ "We streamlined financial operations for an insurance-tech company in record time")
4. [Zepto’s Strategic Leap: Restructuring for IPO](https://treelife.in/case-studies/zepto-strategic-leap-restructuring-for-ipo/ "Zepto’s Strategic Leap: Restructuring for IPO")

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