Expand into India without leaving your desk. LegalWiz.in takes a foreign parent from name approval to Certificate of Incorporation and on through RBI and FEMA reporting, with a dedicated transaction manager throughout.
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How a foreign company sets up in India, what the law asks of it, and why global businesses choose LegalWiz.in to do it.
An Indian subsidiary is an Indian company whose shares are held, wholly or partly, by a foreign parent. It is almost always incorporated as a Private Limited Company, which is the structure Indian law and Indian banks are built around, and it gives the parent a local corporate identity with its own PAN, its own bank account and its own ability to contract.
India is consistently among the fastest-growing large economies, and most sectors are open to 100% foreign direct investment under the automatic route, which needs no prior government approval. What the law does require is concrete: at least two shareholders, at least two directors of whom one must be resident in India, a physical registered office, and reporting of the foreign investment to the Reserve Bank of India once the capital arrives.
None of it requires anyone to fly to India. The entire incorporation is filed electronically and signed with digital signatures, which is why a foreign parent can be incorporated here remotely.
Everything below is handled by your transaction manager. Incorporation itself is the schedule further down; these are the things either side of it.
Government fees and stamp duty are charged at actuals and are calculated on the company’s capital and the state. Opening the bank account itself is subject to the bank’s own process, and Indian directors are usually required to be present in India for KYC at account activation.
The Indian subsidiary may include the foreign parent’s name, provided it is available and does not breach trademark or naming rules.
The name has to comply with the Companies Act, 2013 naming guidelines and with Indian trademark rules.
Once a name is approved, the MoA and AoA must be filed within 20 days, or an extension requested.
Over a billion potential customers in one of the world’s fastest-growing large economies, consistently among the top global growth markets.
The world’s second-largest pool of technical and managerial talent, which is why so many global businesses build their engineering and back-office capability here.
Subsidies, tax benefits and investment incentives, with 100% foreign direct investment allowed under the automatic route in most sectors.
An Indian company of your own carries credibility a branch or a liaison office does not, and it simplifies import, export and supply-chain integration.
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Every document belonging to a foreign individual or to the parent company must be apostilled and notarised in the country of issue. Scanned copies are enough to begin the process.
A recent passport size photograph of every director and shareholder.
For every director and shareholder who is resident in India.
A valid passport for every foreign national involved.
Voter ID, passport or driving licence for each individual.
The latest telephone bill, electricity bill or bank statement.
The latest electricity or telephone bill for the Indian office address.
The rent agreement and a no objection certificate from the owner, where the premises are rented.
The parent company’s memorandum and articles, statutes or other founding documents.
The parent’s board approval authorising the use of its name for the subsidiary.
Step 01
Step 02
Step 03
Subject to MCA approvals and to receipt of correctly apostilled documents.
With complete documents, incorporation runs to 15 to 18 business days. Here is where that time goes.
3 of 18 working days
4 of 18 working days
5 of 18 working days
6 of 18 working days
Subject to government processing time. Bank account setup and RBI filings follow incorporation and are not counted in this window.
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A subsidiary can be registered as a Private Limited Company, a Public Limited Company or an LLP. A Private Limited Company is by far the most common. The minimum requirements are:
India allows 100% foreign direct investment under the automatic route in most sectors, which means no prior government approval is needed.
Some sectors, defence, telecom, insurance and media among them, require prior approval under the approval route. After the investment, the company files the prescribed reports with the RBI through its authorised dealer bank, such as the FC-GPR.
Yes. FDI is prohibited in businesses engaged in, or proposing to engage in:
A wholly owned subsidiary is usually registered as a Private Limited Company in which the foreign parent holds 100% of the shareholding.
Indian law requires at least two shareholders, so in practice one share is held by a nominee on the parent’s behalf to meet that requirement.
No. Indian law requires a minimum of two shareholders.
One can be the parent company and the second can be an individual, often one of the directors, holding a single share.
Yes, in most sectors a foreign company can hold 100% ownership of an Indian subsidiary, subject to the FDI policy restrictions on that sector.
The minimum authorised capital is ₹1 lakh. There is no minimum paid-up capital requirement under India’s simplified registration process.
Each shareholder must subscribe to at least one share, and the company should be capitalised with enough to start operations.
The name must comply with the MCA’s naming guidelines. It can be applied for through the RUN service or directly in the SPICe+ form.
The Indian subsidiary can include the parent company’s name, provided it is available and does not breach trademark or naming rules.
Yes. At least one director must be resident in India, meaning they have stayed in India for at least 182 days in the previous calendar year.
Yes. A foreign national can be a director, but they must obtain a Director Identification Number, and their documents will usually need to be notarised and apostilled.
Some banks additionally require at least one Indian resident director to be available for KYC verification.
Yes. A registered office address in India is mandatory for incorporation. It can be residential or commercial, but it must be capable of receiving official correspondence.
A purely virtual office is not sufficient for incorporation.
No. The entire incorporation process is online. Documents are submitted electronically and signed with digital signature certificates, so neither directors nor shareholders need to be in India.
Bank account activation is the exception: Indian directors are usually required to be present in India for KYC verification at that point.
Once the company is incorporated and the foreign investment has been received, it must:
The key documents are:
A Private Limited Company subsidiary must:
The Foreign Liabilities and Assets return must be filed before 15 July following the end of the financial year.
If the accounts are not audited by then, a provisional return is filed, and a revised FLA is filed by the end of September once they are.
Yes, once three things are done:
Yes. A subsidiary can repatriate dividends, royalties and service fees to its parent, after paying the applicable Indian taxes and complying with RBI guidelines.
With complete documents, incorporation can be completed in 15 to 18 business days.
Timelines vary with MCA approvals, RBI filings, bank account setup and how quickly correctly notarised and apostilled documents arrive.
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