Indian Subsidiary & Foreign Company Registration

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Indian Subsidiary & Foreign Company Registration

Establishing your Indian presence — complete subsidiary incorporation for overseas companies, including FEMA compliance, apostille documentation, and RBI reporting.

India is one of the most attractive emerging market destinations for international businesses — with a massive consumer base, a large English-speaking talent pool, and a government actively courting foreign investment. Whether you are an Australian, British, UAE, or US company looking to establish an Indian office, joint venture, or wholly-owned subsidiary, AAA Global LLP handles the complete setup process.

Led by CA Ankush Garg (Associate Member CPA Australia No. 30162300), we understand the international business perspective. We have successfully incorporated Indian entities for promoters from Australia, the UK, Canada, and the UAE — managing apostille documentation, FEMA compliance, and post-incorporation foreign investment reporting.

Types of Indian Presence for Foreign Companies

Wholly Owned Subsidiary (WOS) An Indian Private Limited Company 100% owned by the foreign parent — the most common structure for market entry. Full FDI permitted in most sectors under the automatic route.

Joint Venture (JV) An Indian company with both Indian and foreign shareholders. Requires careful shareholder agreement to balance control and exit provisions.

Liaison Office A representative office that can only liaise — no commercial activity or income generation. Requires RBI approval.

Branch Office Can conduct limited business activities in India. Requires RBI approval and is suitable for specific sectors.

Project Office For executing specific projects in India — typically for construction, infrastructure, or turnkey contracts.

Wholly Owned Subsidiary — Step by Step

Name reservation — Reserve your preferred Indian company name on MCA V3 (1–2 days)
Apostille documentation — Foreign promoter's passport and address proof must be apostille-authenticated in their home country and then notarised in India
DSC and DIN — Digital Signature Certificate and Director Identification Number for all directors
SPICe+ incorporation — Filed on MCA portal with MOA, AOA, and all required documents
Certificate of Incorporation — Issued by ROC (5–7 working days after SPICe+ submission)
Post-incorporation FEMA — Form FC-GPR must be filed with RBI within 30 days of share allotment to foreign shareholders
We handle post-incorporation setup — We handle post-incorporation setup

FDI Policy — What Sectors Allow Foreign Investment?

Automatic route (100% FDI) — IT services, manufacturing, trading, consulting, food processing, FSSAI, most services — no prior approval needed
Government approval route — Defence, media, telecom, banking — prior approval from Foreign Investment Facilitation Portal (FIFP) required
Prohibited sectors — Lottery, gambling, chit funds, real estate trading, cigars — FDI not permitted

FEMA Compliance for Foreign Investment

Any foreign investment into an Indian company must be reported to the Reserve Bank of India — failure to comply attracts significant penalties under FEMA.

Form FC-GPR — filed within 30 days of allotment of shares to foreign shareholders
Annual Performance Report (APR) — filed annually for companies with foreign direct investment
Form FC-TRS — filed for transfer of shares between a resident and non-resident
Downstream investment reporting — when an Indian company with FDI invests in another Indian company

Frequently Asked Questions

01 Can a foreign national be the sole director of an Indian company?

Yes — but at least one director must be a resident of India (stayed in India for 182+ days in the previous calendar year). A foreign company can appoint a local resident director to meet this requirement.

02 What is apostille and why is it needed?

Apostille is an international certification of a document's authenticity — similar to notarization but recognized across all 120+ countries that have signed the Hague Convention. Foreign promoter documents (passport, address proof) must be apostille-authenticated in their home country before being used for Indian incorporation.

03How long does it take to set up an Indian subsidiary?

The incorporation itself takes 7–10 working days. With apostille documentation, the total timeline from document collection to Certificate of Incorporation is typically 3–5 weeks. FEMA reporting after allotment adds another 2–3 weeks.

04 Are there restrictions on repatriating profits from India?

Dividends can generally be freely repatriated after payment of applicable taxes. Loan repayments and royalty payments require specific compliance. We advise on the optimal repatriation structure for your business.

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