Incorporation of Indian Subsidiary

There are many foreign companies who wish to start their operations in India and grab the fastest growing market.

  • Indian Subsidiary company Registration for Foreigners starting at Just ₹35,000/-
  • Ideal for foreign entities
  • For starting business in India
  • Simple & Secure Online Process
  • Dedicated Professional
  • Get your RBI compliances
  • Get Post Incorporation Assistance
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Overview

Introduction of Set-up of Indian Subsidiary

There are many foreign companies who wish to start their operations in India and grab the fastest growing market. The Companies Act 2013, provides a channel where the foreign companies can open companies in India, subject to FDI Policy by investing in the equity. These companies are called Indian Subsidiary Company.

An Indian subsidiary Company is the Company which can be incorporated under Companies Act, 2013 which is controlled (more than 50%) or managed by another Company i.e. its Parent Company incorporated outside the Country.

The Paid Up Share Capital of such Company can be either fully owned or owned in part by the Parent Company. The Company whose Paid Up share Capital is fully owned (100%) by the Parent Company is known as Wholly Owned Subsidiary and a Company whose Paid Up share Capital is partly owned is referred to as Subsidiary Company.

FDI in private limited companies is allowed subject to FDI Policy of India. The categorization has been done under two categories automatic route and approval route. Before incorporating the company first of all we need to check the sector in which investment has to be made and follow the compliances as applicable under FDI.

Legal Window offers Indian Subsidiary company Registration for Foreigners who are looking to Setup Foreign Company in India. Legal Window has team of experts providing you the best assistance, timely delivery and guaranteeing the highest customer satisfaction with respect to Company formation process. You may get in touch with our team on 072407-51000 or email [email protected] for Setting up of an Indian Subsidiary/ Foreign Company and Compliance services.

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Advantages

Advantages of Indian Subsidiary Company Registration

Limited Liability

The liability of the Members is limited to the extent of Capital invested by them in the Company and therefore, they cannot be held personally liable for it and it is a legal entity which means it is different from its Members and Directors.

No minimum Capital Required

For incorporating a Foreign Company no minimum capital is required and the capital structure may be altered in accordance with the growth requirements of the Company at later stage.

Separate Legal Entity

Once an entity is registered it is born in the eyes of law which means it is separate from its owners, Directors, Managers, shareholders and employees etc. The dissolution of the Parent Company does not affect the life of its Subsidiary.

Increase in security

Employees prefer to join the Private Limited Company and vendors feel secure in offering credit, the trust and confidence of customers increases which ultimately result in the rise of investment from the investor.

Easy availability of funds

The expansion scope is higher due to easily availability of funds from a venture capitalist, financial institutions, angel investors offering more transparency.

Increase in FDI

Attraction of Foreign Direct Investment in India in accordance with the guidelines issued from the government with or without the approval and considering the sectoral cap.

Details

Minimum Requirements for Indian Subsidiary company Registration

Minimum two Directors and maximum fifteen
Minimum two shareholders
At least One Director shall be Indian resident
Digital Signatures of Subscribers and Directors
Parent Company must have a shareholding of more than 50%
Director Identification Number if available
Documents

Documents Required for Indian Subsidiary company Registration

Checklist
  • PAN Card of the Member and Directors of the proposed Company Passport in case of Foreign Nationals.
  • Identity Proof of the director and nominee (Aadhar / Voter ID / Driving License / Passport).
  • Latest passport size photograph of Member and Directors.
Business Address Proof
  • Business Address Proof Owned Property: (Copy of Registry and Latest Govt. Electricity Bill or Water Bill).
  • Address Proof the director and nominee (Utility Bill / Telephone Bill / Mobile Bill / Bank Statement not older than two months).
  • Business Address Proof Rented/leased: (Rent Agreement, NOC from the Owner, Latest Govt. Electricity Bill or Water Bill).
  • Board Resolution from the parent Company for incorporation of the subsidiary in India.
  • Incorporation documents of the Parent Company and KYC of authorized representative.
  • Note:-In case of NRI or Foreign National documents of Directors and Subscribers must be notarized or apostilled and the documents must have been translated in English language other than the respective language of the said Country.
Details

Documents Required for Filing FCGPR

  • Board Resolution by the entity to authorize any person
  • PAN Card of the persons to be appointed as Authorized person on behalf of the entity
  • Foreign Inward Remittance Certificate (FIRC)
  • KYC of the person resident outside India
  • Copy of Board Resolution for issue of securities
  • Copy of FIPB approval (if so required)
How it works

Process of Indian Subsidiary company Registration

1

Complete the Application Form

You are requested to first fill the simple questionnaire provided by our expert team.

2

Document Processing

At the second step we will be requiring the documents in accordance with the questionnaire filled by you so that we can arrange them as per the requirement and for processing.

3

Application for DSC

First of all DSC (Digital Signature Certificate consisting of the E-signatures) is required to be prepared. This step can be ignored if prepared already. It will approximately take 1-2 days.

4

Name Availability

The next step is to check the name availability. Now you need to let us know 3 names which should be unique in nature and should not be similar to name of any other entity registered. It may take at least 1-2 days.

5

E-filing for incorporation of a Company

Once the name is approved, an online application is required to be filed through SPICE+ along with the requisite documents as obtained from above the same is to be filed with ROC. The MOA as well as AOA shall be drafted with the cautious care thereby keeping in mind the main objective of Indian Subsidiary Company. This process again take 2-3 days.

6

Get Certificate of Incorporation

After the approval a Certificate of Incorporation will be provided through e-mail which signifies that the Company has been incorporated.

7

Filing of FCGPR

The last step is to file FCGPR within 30 days of receipt of subscription money in the current account of the company.

Details

More Insight on Indian Subsidiary Registration for Foreigners

How to Select the Name of Company

You can check Company name availability thereby logging into MCA where you need to keep in mind two or three available options along with the activity type. Our team will assist you in the selection of name of company.

Also, along with checking the name availability we also need to check the trademark if already registered under the proposed name which makes the online application for registration more powerful. If you want to have a trademark of your word or logo you can get the same through Legal Window by clicking on the below mentioned link Trademark Registration.

Other Key Points

If the proposed Director is already having the DIN then you can also check whether DIR-3 KYC is completed. You can verify the same with the help of our experts. If the same is not done yet, it can be done with help of Legal Window, who offers Indian Subsidiary Registration for Foreigners.

The private limited company is required to manage all the compliances after incorporation of the company like appointment of statutory auditor, filing commencement of business, Income Tax Filing, Annual Returns with ROC and other compliances as required by the law. Legal Window has a team of experts who keeps an eye on the due dates of your compliances and reminds you through mails.

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Get your Indian Subsidiary Registered – ₹35,000/-

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Incorporation of Indian Subsidiary
₹35,000/-

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  • Bank Account Open
  • 2 Director Identification Numbers
  • Company Incorporation using SPICe
  • GST Registration
  • 2 Digital Signature Certificates
  • MOA & AOA
  • INC 20A Commencement of Business Certificate
  • Stamp duty on INR 1 Lakh Authorized Capital (Rajasthan)
  • PAN/TAN
  • 1 Name Approval Application
  • ESI and PF Registration
  • RBI Compliances –Filing of FCGPR
Questions

FAQs on Indian Subsidiary company Registration for Foreigners

Yes, it can be formed under Companies Act, 2013 in which the Parent Company can form a 100% WOS (Wholly Owned Subsidiary) and can hold shares in the name of Authorized Representative along with a nominee.

Yes, You can register a Company at a commercial or residential place by providing the documents as specified. There is no restriction by the department.

As per Companies Act, 2013 it is compulsory to have an individual or firm as an Auditor of a Company. The first Auditor shall be appointed within 30 days from the date of Incorporation by the Board of Directors.

In order to file the respective form, the client is required to provide FIRC from AD and KYC from the bank in order to proceed further.

Documents are required to be apostille in case the foreign nation is not present in India. In case he is present in India on business visa then it is not required.

The companies must file the return before July 15 of the next financial year. In case of unaudited accounts the return should be revised by the end of September by filing the audited accounts.

A Company is required to file within 30 days of its allotment Form FCGPR along with the requisite documents with the RBI on FIRMS portal www.rbi.org.in.

It is the documentary proof evidencing that the Company has been registered and having its unique identification number as Corporate Identification Number.

The company is required to open a bank account and deposit the subscription money as agreed between the shareholders and file the form for commencement of business.

Yes, it is mandatory to have one Indian Director in the company and there is no compulsion that such director should also be a shareholder. But minimum 2 shareholders are required in a private limited company, so compliance related to same shall be complied with.

The company is required to open a bank account and deposit the subscription money as agreed between the shareholders and file the form for commencement of business.

You can register Indian Subsidiary Company at a commercial or residential place by providing the documents as specified. There is no restriction by the department.

Incorporation of Indian Subsidiary

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