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Before Islamic Revolution in 1978,
foreign companies, branches or representations were simply
registered in Iran, in accordance with article 3 of
“Registration of Companies Act” (1932) and there were neither
any distinction between registration of Foreign Company,
Foreign Branch and Foreign Representation, nor any legal
obstacle and impediment for their registration. However, after
Islamic Revolution, registration of foreign companies,
branches and representations was considered against article 81
of the constitution according to which “granting concessions
for establishing companies and institutes in the field of
trade, industry, agriculture, mines and services to
foreigners, is strictly forbidden”.
In 1999, with due consideration of
global economic requirements and foreign companies’ strong
desire to participate in commercial and economic activities in
Iran, the government passed a law that allows foreign
companies to register their branches or representations in
Iran. Meanwhile, only foreign companies that had signed
contracts with governmental organizations and institutes, in
order to fulfill their contractual obligations, could register
their branches in Iran.
According to the “Permission for
Registration of Foreign Companies’ Branches or
representations” Act, companies, which have established and
registered in accordance with the respective laws and
regulations in their country of origin, may register their
branches or representations, provided that Iranian companies
are allowed to register their branches or representations in
their respective country.
According to article 1 of the
“executive bylaw on the Permission for Registration of
Foreign Companies’ Branches and Representations”, foreign
companies may register their
branches or representations in Iran on the following
grounds:
1-
Rendering after sale services (e.g. guaranty and warranty) for
the goods and services sold to the Iranians;
2-
Executing and implementing contracts entered into with the
Iranians;
3-
Study
and preparation for investment in Iran;
4-
Cooperation with Iranian technical and engineering companies
to carry out projects in other countries;
5-
Enhancing Iran’s non-petroleum export and transfer of know-how
and technology to Iran;
6-
Performing
activities, the license of which has been issued by competent
authorities, in accordance with relevant laws and regulations
(e.g. services in the field of transportation, goods
inspection and insurance, banking, marketing etc.)
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