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FDI Company Registration

Open 100% Foreign Owned Company within 7-15 Days

A company may be easily registered by foreigners or by one or more foreign corporations as shareholders to an Indian company. However the provisions of the Foreign Exchange Management Act (FEMA) must be completely complied with.

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FDI Company Registration

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FDI Company Registration

The inflow of foreign exchange to be invested as capital in the business is known as foreign direct investment. The FDI is not permissible in proprietorship and partnership business. The foreign investment in the shares of a company or capital of the LLP is 100% open under automatic route for most of the sectors, wherein no prior approval from the government is necessary, however, after entity registration in India a formal reporting to RBI is necessary within 30 days of capital infusion. We are known for quality advisory on FDI matters in India, and with proper documentation in place, a company with FDI can be incorporated within a week time.

Company Registration with FDI

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 automatic route, without any prior approval for incorporation of the company.

One Resident Director

One Resident Director

One director of the company must be resident in India. A person is said to be a resident when he/she stays in India for at least 182 days in during the FY.

Business Visa

Business Visa

The directors/shareholders visiting India for signing documents must be on a Business Visa; otherwise, documents must be legalised/ attested.

Attestation / Apostille

Attestation / Apostille

All documents of foreign origin and those executed in a foreign territory need to be legalised by way of attestation by Indian high commission or Apostille.

Company Registration - Foreign Promoters @ $ 599*/-Applicable for 100% FDI Open Sectors Only, For Other Request Quote
  • Digital Signature for Two Promoter
  • DIN for Two Promoter
  • Name Approval of the Company
  • MOA & AOA for the Company
  • Certificate of Incorporation (COI)
  • PAN & TAN Number for the Company
  • Bank Account Opening Support
  • Unlimited Consultation with Experts
  • Government Fee Depends on Capital
  • Pay Government Fee on Actual Basis
  • Contact for Registered Address Service
  • Indian Director can be Arranged
  • Add GST Registration @ $ 59
  • Add Import Export Code @ $ 79

List of Documents For FDI Company Registration

Document From Mother/Holding Company (If Applicable)

  1. Certificate of Incorporation & AOA/MOA or Charter Document
  2. List of Shareholders and Director of the foreign company
  3. Board Resolution Approving incorporation of a Company in India
  4. Power of Attorney in the name of Authorised Representative

Proof Of Registered Office In India Of The Proposed Company

  1. Premises Proof (Ownership Papers/Electricity/Water/Gas Bill)
  2. No Objection Certificate (NOC) from the owner of the premises.
  3. Download Format of NOC For Registered Address Download NOC Sample Word

Document From Foreign Director/Shareholder

  1. Passport
  2. National ID Card
  3. Address Proof (Telephone Bill / Utility Bill / Bank Statement)
  4. Business Visa in case the foreign person is in India

Document From Indian Resident Director or Shareholder

  1. PAN Card (Issued by Income Tax Department)
  2. Identity Proof (One From Voter ID Card/Driving License/Passport)
  3. Address Proof (One From Bank Statement/Electricity/Telephone Bill)
  • Preparation & Documentation for Company Registration with FDI
  • Preparatory
    Stage - 1

    Check FDI Limit of Your Sector

    Generally the foreign direct investment is open in most of the sectors, however there are few sectors where it is restricted and in some sectors FDI is not permitted. Click here to see the FDI Limit

  • Preparatory
    Stage -2

    Basic Documentation

    Perhaps the most important aspect of a company registration with foreign shareholding is about the documentation and its legalisation. The list of documents required is provided above for your reference. We shall also require information in the Questionnaire For Company Registration.

  • Preparatory
    Stage - 3

    Drafting of Government Forms and Documents

    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.

  • Preparatory
    Stage - 4

    Legalisation of Documents

    All documents which are originating from a foreign country or which is signed/executed in a foreign country shall legalized either through 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.

  • Process & Timeline for FDI Company Registration in India
  • Day - 1

    Application for Digital Signature of Shareholders/Directors

    A digital signature is the equivalent of physical or paper signature under the information technology act. As per new process all applications to the registrar of companies are filed in digital format which need 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.

  • Day - 1-3

    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 name of foreign company with India as a name. Learn more on Name Reservation Rules

  • Day - 4

    Filing for Company Registration

    After the Name Approval of the company, we are ready to go and shall file Spice 32 Form with the MOA, AOA, Promoters ID and Address Proof. Along with other attachments the proof of registered address and NOC from the owner of the premises is also required.

  • Day - 5-10

    Issue of Certificate of Incorporation by the ROC

    The application for company registration is processed at Central Processing Centre at Manesar (Near Our Delhi Office) and if the ROC is satisfied with the information and documents filed, the Certificate of Incorporation is issued, which is conclusive proof of the registration of company.

  • Day - 11-15

    Approach Banker for Account Opening

    After company incorporation, the Bank A/c has to be opened, wherein the FDI (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.

Frequently Asked Questions

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, cigarillos, and cigarettes, of tobacco or tobacco substitutes
  • Sectors not opened to private sector investment e.g. Atomic Energy and Railway Transport (other than MRTS).

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

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

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)

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

Following type of foreign entities can invest in India without any restriction provided the sector 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)

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.

Can companies in India enter into foreign technology agreements?

The foreign technology agreements are permitted subject the foreign direct investment policy in force. most of the sectors for foreign technology agreements are open for 100% FDI.

What are the laws and regulations relating to protection of brands etc in India?

India being a signatory of WTO have similar regulatory framework for the protection of the trademark in india. The first step to protect the Brand,Log, Trademark etc is to file an application for trademark registration. Click here laws and regulations relating to protection of brands to learn more.

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 channel in foreign exchange, however funds can be remitted from NRO account maintained in foreign exchange.

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 thein issues FIRC (Foreign Inward Remittance Certificate) stating clearly the purpose of inward remittance. The indian company need to then report to the RBI in the form FC-GPR about the FDI.

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.

Can a company in India be closed/wound up?

Yes, the companies act prescribes very simple and unambiguous process to close a company, the foreign funded company can be closed in a similar way as a Indian Company can be wound up.

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

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