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setindiabiz

FDI Company Registration in India

India is a liberalized economy where most of the sectors are open for foreign investment. We have a rich experience of over 15 years in delivering high-quality professional tax and regulatory services to foreign corporations and individual investors in India. Team setindiabiz welcomes you to invest in India's growth.

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Setindiabiz Makes Doing Business in India Easy.

Income Tax is Only 15%. World's Best Tax Structure

Income Tax is Only 15%.
World's Best Tax Structure

Easy Availability of Skilled & Trained Labour

Easy Availability of Skilled &
Trained Labour

Manufacturing Hub Led By New Central Govt.

Manufacturing Hub Led By
New Central Govt.

All Professional Services at One Place @ Setindiabiz

All Professional Services at
One Place @ Setindiabiz

India is the World's Largest Democracy

India is the World's
Largest Democracy

One of the World's Fastest-Growing Economy

One of the World's
Fastest-Growing Economy

Great Urban and Industrial Infrastructure

Great Urban and
Industrial Infrastructure

Our Founders have Over 15+ Years of Experience

Our Founders have Over
15+ Years of Experience

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From Startup Specialist

What is Process of Company Registration?

Process of Indian Company Registration By Foreigners

Whether the proposed Indian entity is an independent company or a wholly-owned subsidiary, the process of incorporation of a company shall remain the same. The first step is to Check FDI Limit of Your Sector Check FDI Limit of Your Sector then see the minimum requirement for company registration minimum requirement for company registration. Generally, the foreign direct investment in India is open under the automatic route from most of the sectors, and all countries. However, investments from countries that share land borders with India, such as Pakistan, Bangladesh, Bhutan, Nepal, China and Afghanistan do not qualify under the automatic route.

  1. Overview of FDI Policy in India Overview of FDI Policy in India
  2. Process of Subsidiary Company Registration Overview of FDI Policy in India

India Entry Options

Independent Indian Company

Individual Foreign Investor, along with Other Foreign Investor or Indian Partner can incorporate a New Private Limited Company under the Companies Act, 2013. The process is straightforward and easy. We can set up a new company in a week

Wholly Owned Subsidiary

The foreign corporate investors may invest in India by setting up a wholly-owned subsidiary as a company. An Indian subsidiary by a foreign investor is at par with any other Indian company and subject to the same tax and regulatory framework

NRI and OCI/PIO

The investment from NRI and Overseas Citizens of India are treated differently. If the investment in Indian company or LLP is on a Non-Repatriation basis, then no RBI Reporting is required. Our packages in case of NRI/PIO is USD 299/-

Important Conditions for FDI in a Company

Check FDI Limit

Check FDI Limit

Most of the sectors are open for foreign direct investment in India under the automatic route, without any prior approval for incorporation of the company. Please refer to the latest RBI Notification or Press Note.

One Resident Director

One Resident Director

One director of the company must be an Indian Resident. A person is said to be a resident when he/she stays in India for at least 182 days during the previous financial year. The stay can be completed in many trenches.

Business VISA

Business VISA

If the foreign signatory arrives in India on a business visa, then his documents can be attested easily in India; otherwise, the document would require legalization by Indian embassy or through the Apostille.

Attestation / Apostille

Attestation / Apostille

All documents of foreign origin and those executed in a foreign territory need to be legalized by way of attestation by Indian high commission or through apostille in terms of Hague Convention.

Google Review of Setindiabiz, We are Lovin It Review of Setindiabiz

I am new at incorporation field but SETINDIABIZ help me out & I would like to mention especially for Ms Sana Parveen guided me all through the...See at Google

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Enthical company with finest of Staff , Specially Shailey Dhoundiyal. She helped a lot through out the process of registration ans incorporationSee at Google

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Sana parveen has been really efficient an quick in the process for KYC filing. Tremendous job.keep up the good work. All the best... See at Google

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Setindiabiz truly committed to their statements .Their work is also very quick and on time and they even treat their customers in.... See at Google

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I'm very happy with the services provided ms Nishtha walked me through some of the processing very patiently and kept regular updates. Thank you... See at Google

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Shaily is prompt and cooperative, i had a smooth experience in filing my annual returns and also during LLP establishment. I thank her and wish good luck :-)... See at Google

Anil Kumar , October 04, 2020

All the work of my company has been done by Satindiabiz employees for the last 3 years. I am satisfied with their work. I thank to Shaily medm for the submission of my DIN KYC file... See at Google

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They provide the best service for business registeration.Thank you so much Shaily for providing such a great and efficient assistance for my... See at Google

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I had a very pleasant experience with SetIndiaBiz. Thanks to shaily and shubhlam who guided me step by step through the process... See at Google

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Good people but worst services. If you are startup please avoid them. There is lot of miscommunication and no proper information. They wont... See at Google

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Excellent service, prompt response. Very professional approach to the entire process. Special thanks to Neha who made it very easy for me....See at Google

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SETINDIABIG good services with in a short period of time, employees excellently coordinate with a clients Tq SARANYA and team for supporting...See at Google

Mallappa Desai , March 4, 2020

Registration took just one day to complete. Speed of execution is key to start new business and Setindia understands the needs of...See at Google

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They are truly committed to their statements .Their work is also very quick and on time and they even treat their customers in a very polite...See at Google

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The executive person were incredible helpful and understanding of my views of situation and did everything they could to get me the Incorporation...See at Google

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Aryant Nagaraju , Feb 23, 2020

I have done my company registration at SETINDIABIZ along with TM and taken consultancy services for FDI . Services and guidance was...See at Google

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Highly supporting system for new business.. thankyou SETINDIABIZ for providing every type of business related support to new in field...See at Google

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Thank to all team members of SETINDIABIZ ..Your customer support is really like Backbone... Special thanks to "Mr. Praveen Singh" who is...See at Google

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Big thanks to Kuldeep, Shaily and folks at SetIndiaBiz for registering my company within 7 days. Everything was handled professionally... See at Google

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Thanks For Helping In Registration of Company And Registration of GST. They Come Quickly Than Estimated Time. ................... See at Google

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Thank you SETINDIABIZ for all your help in registering my private limited company in Bangalore, very smooth and they made it very easy for me. ... See at Google

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Process of Registration of Company By Foreigners

Stepwise Process of FDI Company Registration

Documentation For Incorporation

Perhaps the most critical aspect of setting up a company from overseas shareholding is correct documentation and legalisation. After we receive the complete set of basic documents we shall draft declarations as required under the companies act, 2013, Memorandum of Association (MOA), Articles of Association (AOA) and other documents as may be required on a case to case basis.

Legalisation or Attestation of Documents

All documents originating from a foreign country or which is signed/executed in a foreign country is required to be legalised. The attestation can be done either through the Indian Embassy or to be apostilled as per Hague Convention. However, in case the foreign person comes to India with original documents on a Business Visa, then attestation can be done in India.

Digital Signature of Shareholders/Directors

A Digital Signature (DSC) is the equivalent of physical or paper signature under the information technology act. As per the new process, all applications to the Registrar of Companies (ROC) are filed in digital format which needs to be authenticated by the digital signature of the proposed shareholders and directors as the case may be. The filing process starts with the issue of digital signature for all the promoters.

Name Reservation of Company

The name of the proposed Company must be unique and should not resemble any existing company, LLP, Trademark or any other business. The subsidiary of a foreign company can have the name of a foreign Company with India as a name. Learn more on How to Keep Company Name in India

Company Incorporation By the ROC

After the Name Approval of the Company, the application for incorporation is filed with the MOA, AOA, ID & Address Proof of Promoters and the proof of registered address with NOC from the owner of the premises. The application for company registration is processed at Central Processing Centre at Manesar (Near Our Delhi Office) and after approval results in the issue of the Certificate of Incorporation, which is conclusive proof of the registration of the Company.

Approach Banker for Account Opening

After company incorporation, the Bank A/c has to be opened, wherein the foreign direct investment must reach within 180 days of incorporation of the company with advance intimation to Banker. Please note that the new company can not start any of its business activities unless the capital has been received in India.

FAQ on FDI Company Registration Frequently Asked Questions

1.
How to register a company with a foreigner /foreign corporation as a shareholder ?

The entire process and documentation are different for a company with foreign shareholding. We have a separate team that takes care of Foreign Direct Investment (FDI) Cases. You may navigate to the relevant page for more information on FDI or how a foreign corporation can open an office/ company in India.

2.
What are the sectors where FDI is prohibited in India?

FDI is generally allowed in most of the sectors for Starting Business by a foreign investor and however for strategic reasons and internal security following sectors are prohibited for the foreign investors.

  • Lottery Business including Government /private lottery, online lotteries, etc.,
  • Gambling and Betting including casinos etc.,
  • Chit fund/ Nidhi company,
  • Trading in Transferable Development Rights (TDRs),
  • Real Estate Business or Construction of Farm Houses
  • Manufacturing of Cigars, cheroots, cigarettes, of tobacco or tobacco substitutes,
  • Sectors not opened to private sector investment e.g. Atomic Energy, Railway; etc.,

3.
What kind of business entities a foreign investor can set up in India?

"In India there are various types of business which can be set up such as a proprietorship, partnership, one person company, LLP, society, trust etc. However the foreign exchange management act allows a foreign investor to invest in India only in following categories of entities. A foreign investor thus can not invest in a One Person Company, Proprietorship, Partnership Firms. The investment in society, trust and section 8 company or any other association of person is permitted subject to compliance of Foreign Contribution Regulation Act (FCRA)

  • Limited Liability Partnership (LLP),
  • Private Limited Company (PLC),
  • Public Limited Company (PLC),
  • Section 8 Company (However with compliance of FCRA),"

4.
Who all can invest in India, i.e. constitution and nature of investing entity?

"Following types of foreign entities can invest in India without any restriction provided the sector is open for investment either under automatic route or approval route.

  • Foreign Company,
  • Body Corporate Incorporated Outside India
  • Non Resident India(NRI)/Person of Indian Origin(PIO)"

5.
Is there any act to regulate competition in India?

Yes, to promote free and fair trade, indian parliament passed The Competition Act, 2002, under which an apex body to decide the case of complaint relating to anti-competitive agreements and abuse of dominant position was established as the Competition Commission of India.

6.
Can companies in India enter into foreign technology agreements?

Can companies in India enter into foreign technology agreements?The foreign technology agreements are permitted subject to the foreign direct investment policy in force. most of the sectors for foreign technology agreements are open for 100% FDI.

7.
How can a foreign investor transfer funds into an Indian company?

The foreign investors need to remit the capital amount to the Indian bank account through banking channels in foreign exchange, however funds can be remitted from NRO accounts maintained in foreign exchange.

8.
What are the reporting requirements of the Reserve Bank of India?

Once capital is received through inward remittance from the foreign investor, the indian bank must be intimated about the purpose of remittance. The indian banker then issues FIRC (Foreign Inward Remittance Certificate) stating clearly the purpose of inward remittance. The indian company needs to then report to the RBI in the form FC-GPR about the FDI.

9.
Are investments and profits earned in India repatriable?

Yes, the profits arising out of the indian company where foreigners have invested is 100% repatriable without any restriction after payment of all corporate tax and dividend distribution tax.

10.
What are the forms in which business can be conducted by a foreign company in India?

"A foreign citizen or a foreign corporation can operate a business in India only in following manners

  • By setting up a company or LLP as per prevailing FDI Policy
  • As a foreign company by registering a Branch Office or Liaison office
  • To execute a project you may register a project office"
  • 11.
    How can a foreign investor transfer funds into an Indian company?

    The foreign investors need to remit the capital amount to the Indian bank account through banking channels in foreign exchange, however funds can be remitted from NRO accounts maintained in foreign exchange.

    12.
    What are the reporting requirements of the Reserve Bank of India?

    Once capital is received through inward remittance from the foreign investor, the Indian bank must be intimated about the purpose of remittance. The Indian banker then issues FIRC (Foreign Inward Remittance Certificate) stating clearly the purpose of inward remittance. The Indian company needs to then report to the RBI in the form FC-GPR about the FDI.

    13.
    Are investments and profits earned in India repatriable?

    Yes, the profits arising out of the indian company where foreigners have invested is 100% repatriable without any restriction after payment of all corporate tax and dividend distribution tax.

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