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IndianTaxPert — Simplifying Business Registration & Compliance in India | Company Incorporation • LLP Formation •
Expand your global footprint by establishing a wholly owned subsidiary company in India. With a robust legal system, favourable tax regime, and investor-friendly policies, India offers an ideal platform for foreign companies to grow and operate.
Indian Taxpert provides complete legal, regulatory, and compliance support to help foreign businesses incorporate an Indian subsidiary remotely, securely, and efficiently.
Register Your LLP Online in India – Expert Assistance
A subsidiary company allows foreign businesses to operate in India as a separate legal entity with full ownership and management control.
Key Advantages
✔ 100% foreign ownership allowed in most sectors
✔ Corporate tax rate as low as 15% for manufacturing
✔ Ability to hire employees locally
✔ Eligible for government incentives & tenders
✔ Long-term presence in the Indian market
Foreign businesses can establish operations in India either as a foreign entity or through an Indian incorporated entity.
RBI Approval Required
As a Foreign Entity
- Liaison / Representative Office
- Branch Office
- Project Office
ROC Registration
As an Indian Legal Entity
- Wholly Owned Subsidiary
- Joint Venture Company
- Limited Liability Partnership (LLP)
Foreign Direct Investment (FDI) in India
India permits FDI in most sectors under the Automatic Route, enabling faster market entry without prior government approval.
Automatic Route
Automatic Route
- No prior approval required
- Applicable to most sectors
- Only post-investment reporting to RBI
Govt. Approval
Government Approval Route
- Defence
- Media
- Pharmaceuticals
- Multi-brand retail
FDI from Border-Sharing Countries:
Investments from countries sharing land borders with India (Press Note 3 of 2020) require prior government approval.
Need Expert Guidance on India Entry?
Our experts help foreign businesses navigate FEMA, RBI, and FDI regulations with clarity and confidence.
Eligibility for Indian Subsidiary Registration
To incorporate a wholly owned subsidiary in India, foreign companies must meet the following regulatory and documentation requirements.
Parent Company
Parent Company Eligibility
- Legally incorporated overseas entity
- Certificate of Incorporation mandatory
- MOA / AOA & board resolution required
Representatives
Authorized Representatives
- Minimum two representatives required
- Can be foreign nationals or NRIs
Directors
Resident Director Requirement
- Minimum two directors
- At least one resident in India
Business Scope
Permitted Business Activities
- Activities must comply with Indian law
- Most sectors allow 100% FDI
Capital
Capital Requirement
- No minimum capital prescribed
- Capital based on business needs
Name Approval
Company Name Approval
- Unique company name required
- Parent company name + “India” generally approved
Timeline for Indian Subsidiary Incorporation
Day 1 Initial documentation & name planning
Day 2 Digital Signature issuance
Day 1–3 Name search & MOA drafting
Day 4 Name reservation filing
Day 7 Second-phase documentation
By Day 15 SPICe+ incorporation filing
By Day 21 Certificate of Incorporation issued
Parent Company Documents
- Certificate of Incorporation
- MOA / AOA
- Registered address proof
- List of directors & shareholders
Director / Authorized Representative
- Passport
- Photograph
- Address proof
- PAN & Aadhaar (for Indian nationals)
Registered Office Documents
- Address proof
- Owner’s NOC
📌 A temporary communication address can be used initially.
Permanent registered office must be reported within 30 days
through Form INC-22.
The incorporation of an Indian subsidiary follows a structured and regulated process governed by the Companies Act and RBI norms.
1
Parent Company Authorization
Board resolution and Power of Attorney authorising incorporation and appointment of representatives in India.
2
Name Approval
Company name reservation through SPICe+ Part A with the Registrar of Companies.
3
Drafting MOA & AOA
Preparation of Memorandum and Articles of Association along with statutory declarations.
4
Legalisation / Attestation
Overseas executed documents must be notarised, apostilled, or embassy-attested as applicable.
5
Filing SPICe+ Application
Online submission with ROC along with DSC, professional certification and declarations.
6
Certificate of Incorporation
ROC issues Certificate of Incorporation along with CIN, PAN and TAN.
Attestation & Legalisation of Foreign Documents
Foreign documents must be legalised before submission to Indian authorities based on the country of origin.
| Method | Applicability |
|---|---|
| Notary Public | Commonwealth countries |
| Apostille | Hague Convention countries |
| Indian Embassy | Other countries |
📌 Incorrect or incomplete legalisation is one of the most
common reasons for incorporation delays.
Expert review is strongly recommended.
