Unlock the potential of India’s markets with your wholly-owned subsidiary company. We provide comprehensive legal assistance in establishing a subsidiary company in India, helping you understand the eligibility, process, cost, and documents.
We are a professional consulting firm specialising in company registration, taxation, accounting, payroll, compliance, and intellectual property rights (IPR) services to assist new and existing businesses in India. We provide our professional services at a reasonable fee, explaining the eligibility, process, and documents required for setting up and maintaining a business. We also prepare and file necessary applications with relevant government agencies such as the Registrar of Companies (ROC) and the Income Tax Department. We do not directly provide government documents or represent ourselves as a government agency.
Approx 15 Days after completing the documentation
The Process of Incorporation of an Indian Subsidiary by a foreign company is 100% online, and there is no need to visit India for this purpose. Get full assistance from our experts!
Setindiabiz provides comprehensive legal and consultation services for foreign businesses starting operations in India. Our services include advising on incorporation, corporate law, and tax matters. And provide legal support to the Indian subsidiary in accounting, tax filing, and payroll, as well as protect the IPR.
India is an open economy that welcomes investors worldwide. The Make in India initiative perfectly aligns with a favourable tax structure of just 15% for manufacturing activities. The legal framework in India allows foreign investors to do business in India either as a foreign company by setting up a Liaison, Branch, or Project office in India with prior approval of the RBI or by setting up an independent corporate structure and registering a local company or LLP in India. You can find all the options in the table below.
(With permission of RBI and Central Govt)
(registration before ROC)
Indian laws may seem overwhelming and confusing. Worry not; our specialists on FDI and FEMA are here to answer your questions. Entry into the indian market is regulated by FEMA Regulations and government policies. We offer no-obligation consultation services to foreign companies when they evaluate establishing a subsidiary in India.
The new policy initiatives by the government of India have made it one of the most popular manufacturing destinations in the country. The tax rate for companies incorporated in India is just 15% in case the indian company is engaged in manufacturing activities and 22% in all other cases. Due to the availability of a vast talent pool and robust market, India continues to attract foreign companies to set up factories in India. Many large corporations worldwide have established manufacturing units in India to take advantage of make-in-India initiatives and lower corporation tax. Our FDI experts are here to guide you on the eligibility, process, cost, and documentation needed to establish a wholly subsidiary company in India.
World's Best Tax Rate
of Skilled Labour
By New Central Govt.
Industrial Infrastructure
Fastest Economy
Largest Democracy
The FDI (Foreign Direct Investment) plays an important role in the growth and expansion of the Indian economy. The FDI Policy of India permits the FDI in most sectors under an automatic route, wherein no specific permission is required before the establishment of a company or Indian subsidiary. The companies that are incorporated under the automatic route are required to file simplified FDI Reports in the form FC-GPR. However, certain strategic sectors have sectoral caps, and foreign investments beyond the specified limit are allowed, subject to prior approval from the central government.
DefenceMediaPharmaMulti-brand retail, etcIn 2020, the government of India introduced a major change in the FDI policy, wherein restrictions were placed on the FDI originating from some countries that share land borders with India. These countries include Pakistan, Bangladesh, Bhutan, Nepal, China, and Afghanistan. The FDI originating from these countries, whether directly or indirectly, requires prior permission from the government of India.Read more on Press Note 3 of 2020
To set up a subsidiary company in India, the following are following the minimum eligibility requirements. To evaluate your eligibility, you are encouraged to contact us.
The applicant company must be an incorporated legal entity in the home country. Documents such as a Certificate of incorporation, articles and board resolution are required.
A minimum of two signatories for the parent company is required to represent 100% shareholding. Both the signatories can be foreign nationals or non-residents of India.
A minimum of two directors is required, with at least one being a resident of India. This resident director ensures compliance with local laws and regulations.
The company's object should be legal. Most of the sectors are open to FDI; check The permitted sectors in which foreign companies can invest.
No minimum or maximum level of capital is prescribed. However, allocating sufficient capital to support the subsidiary's initial operations and future growth is advisable.
Choose a distinct name for your subsidiary that complies with the Companies Act 2013 and is not already registered by another entity.
Proper documentation plays a significant role in quickly incorporating a subsidiary company in India. The following is the list of documents required to set up an Indian Subsidiary from the parent company, its authorised signatories, and the proposed first directors.
In India, the Indian subsidiary can be registered at a “communication address” even before securing a permanent office. This temporary address helps you start the formalities while searching for the ideal premises. It’s essential to remember that within 30 days of incorporation, you need to establish a physical “registered office” in the same state and file Form INC-22 with the Registrar of Companies (ROC) to report the official address change.
The documents that are signed or executed overseas need to be attested before they can be used for filing with the Registrar of Companies, RBI or any other government department. Such documents include a certificate of incorporation & articles of foreign company, passport and address proof of foreign directors, MOA, AOA, and certain declarations for the Indian subsidiary incorporation. The method of legalisation may vary depending on the location of the documents.
The apostille is a simplified method of legalising documents for countries that are members of the Hague Convention
We take care of the entire process of establishing a subsidiary company for a foreign corporation in India. Following are the major milestones to be achieved for the incorporation of a subsidiary in India.
The parent company’s board must approve and authorise a signatory for the incorporation of an Indian subsidiary. The legalisation of the board resolution and POA is required.
The Indian subsidiary may use either a new name or the parent company name followed by “India”. However, the proposed name must not infringe on someone else’s trademark in India.
The Memorandum and Articles of Association are legal documents that outline a company’s purpose and internal rules. Additional declarations are required for promoters to sign.
The Memorandum and Articles of Association are legal documents that outline a company’s purpose and internal rules. Additional declarations are required for promoters to sign.
SPICE Plus is the e-form used to incorporate an Indian subsidiary. Scanned copies of documents are attached, and the form is digitally signed by promoters and professionals.
The Registrar of Companies issues a Certificate of Incorporation after a satisfactory review. The certificate provides conclusive proof of the company’s incorporation and includes the CIN, PAN, and TAN numbers.
