Foreign Subsidiary in India
The foreign companies or individuals can register a foreign subsidiary company or an independent company in India.
₹ 27,000

Overview

Registering an Indian company allows foreigners and foreign companies to do business and conduct activities in India. Foreign nationals or Foreign companies looking to do business in India, set up their back offices, import or export goods, or hire employees to need to set up a formal structure in India. Register a Foreign subsidiary in India and accelerate your business.

India Entry Strategy:

Private Limited Company

Private Limited company is the easiest and fastest vehicle to enter Indian market. Foreign direct investment of upto 100% into a private limited company is allowed under the automatic route, wherein no Central Government permission is required. Incorporation of Private Limited is allowed, both as a wholly-owned subsidiary or joint venture, thus becoming the cheapest, easiest and fastest entry strategy.

Incorporation of a LLP

Forming a Limited Liability Partnership is also an India entry strategy, as 100% FDI in LLP is now allowed. However, LLP is an ideal choice for investment vehicles and professional firms, as they must be represented by Partners and do not have shareholders.

Proprietorship or Partnership Firm

Proprietorship and Partnership Firm are not suitable for India entry as foreign investments require prior RBI approval.

Documents Required

Documents of a Foreign National

  1. Passport size photos 
  2. Passport
  3. Address proof

Documents of Foreign Company:

  1. Registration Certificate of a company
  2. Board resolution for incorporating an Indian company. It should also mention the details of representative director in Indian company: 

Documents of a Indian Director

  1. Passport size photo
  2. Address proof (Aadhaar/ Voter ID)
  3. PAN card

Office Address:

  1. Latest utility bill (electricity/ water) 
  2. No Objection certificate from Property owner

Company Details

  1. Name of the company
  2. Shareholding of the company

Foreign Subsidiary requires a minimum of two directors and two shareholders. One director needs to be an Indian national. For the foreign nationals and company, the documents should be apostilled.

Services Covered

  1. Filing of E-forms with the Registrar of Companies (ROC)
  2. Director Identification Number (DIN) and Digital Signature Certificate (DSC): 2 nos
  3. Name approval with RUN (Reserve Unique Name)
  4. Filing of SPICe form
  5. Drafting MoA and AoA of company
  6. Issue of Incorporation Certificate
  7. PAN and TAN application
  8. Filing of SPICe form
  9. Includes govt fees and stamp duty for authorised capital up to Rs 1 lacs.

Excludes Foreign National or Foreign Body corporates as director OR businesses that need approval from RBI, SEBI or IRDA for incorporation.


Maintaining Foreign Subsidiary

Every company, post incorporation requires help from Three professionals: CS, who looks after regulatory compliance, CA, who does accounting and taxation, External CA, for doing external audits.

FAQs
I don’t have a commercial address. Is it necessary to have a commercial address for registration?

Your registered office need not be a commercial space; it can be your residence too. A recent copy of the utility bill and an NoC letter from the utility bill owner to use the address for company incorporation should be submitted.

Do I have to visit any office for incorporation?

The incorporation process is completely online, so you don’t have to visit any place and can get the company registered from anywhere. However, for getting the documents apostilled, you’ll have to visit local embassy in your country.

Is it necessary for the Indian Director to be the shareholder of the company?

No, it is not necessary. A foreign company can retain the whole ownership of a company.

Is it necessary to have a company’s books audited?

Yes. It’s necessary to appoint an auditor within 30 days of incorporation.

Who can be a director in a Private Limited company?

Any individual/organisation can become a member of a private limited company including NRI/foreigners. Nonetheless, the individual must be 18+ above in terms of age and should hold a valid PAN card.

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