By TAXAJ Corporate Services LLP
Foreign subsidiaries operating in India are not just business entities; they are stakeholders in the nation's social and economic development. As such, it is imperative for them to understand and undertake Corporate Social Responsibility (CSR) activities under Indian law. CSR not only enhances brand reputation but also promotes long-term sustainability and community goodwill.
In this article, we explore the legal framework, strategic benefits, types of initiatives, reporting responsibilities, and best practices related to CSR activities for foreign subsidiaries in India.
The Companies Act, 2013 lays down the foundation for CSR compliance in India. As per Section 135 of the Act, companies meeting any of the following criteria during a financial year are required to comply with CSR provisions:
Net worth of ₹500 crore or more
Turnover of ₹1,000 crore or more
Net profit of ₹5 crore or more
Foreign companies or subsidiaries registered in India (under Section 379 of the Companies Act) must comply with the CSR provisions if they meet the above financial thresholds.
📎 Know More about CSR Applicability
A foreign subsidiary must formulate a CSR policy outlining the focus areas, types of projects, geographic reach, and implementation modalities. The CSR committee should consist of:
At least 3 directors (including one independent director)
Or as per the specific exemption if the company is a foreign subsidiary with fewer directors
📎 Learn How to Draft a CSR Policy
Building hospitals, clinics, or sponsoring rural healthcare drives
Promoting menstrual hygiene or nutrition among underprivileged groups
Setting up schools, vocational training centers, or digital literacy camps
Scholarships for meritorious but underprivileged students
Afforestation projects
Water conservation programs
Promoting renewable energy
Support for female entrepreneurship
Skills development programs for women
Midday meal support for government schools
Food distribution during calamities
PM CARES Fund
Swachh Bharat Kosh
Clean Ganga Fund
📎 Explore Permitted CSR Activities
CSR activities can be implemented in the following ways:
Directly by the company
Through a Section 8 Company, trust, or society with a track record of 3+ years
In collaboration with other companies (joint CSR projects)
🧾 Foreign subsidiaries must ensure that implementing partners are registered with the Ministry of Corporate Affairs (MCA) and possess a CSR Registration Number.
📎 Get Help with CSR Registration
CSR obligations are not limited to just spending. Companies must maintain transparency through proper disclosures:
Annual CSR report in Board's Report (Form AOC-4)
Website disclosure of CSR policy and programs
Reporting unspent amounts and reasons for shortfall
Failure to spend the minimum 2% of average net profits must be explained and unspent amounts must be transferred to a designated CSR fund or used within 3 years.
While CSR is a compliance requirement, foreign subsidiaries in India can use it to:
Gain acceptance from the communities in which they operate by addressing pressing social and environmental concerns.
Proactive CSR demonstrates commitment to India’s development, easing regulatory relations.
Millennials and Gen Z workers prefer socially responsible employers.
Effective CSR enhances visibility, reputation, and customer loyalty in India’s competitive market.
✅ Align CSR with business objectives (e.g., tech firms supporting STEM education)
✅ Engage local NGOs and community leaders
✅ Monitor and evaluate CSR outcomes regularly
✅ Publish success stories and social impact data
✅ Ensure strict compliance with timelines and documentation
📎 Consult TAXAJ for End-to-End CSR Solutions
CSR is not just about legal compliance—it’s about making a difference. Foreign subsidiaries operating in India have both an obligation and an opportunity to contribute to India’s social development. A well-executed CSR strategy enhances business sustainability, strengthens stakeholder relationships, and reinforces a brand’s global image.
Partnering with expert compliance consultants like TAXAJ Corporate Services LLP ensures that your CSR initiatives are legally compliant, impactful, and strategically aligned with your corporate vision.
📞 +91-8802912345
🌐 https://taxaj.com
📩 connect@taxaj.com