Expert foreign company registration, entity structure advisory, RBI and MCA compliance, FDI approvals, and post-incorporation support for all foreign entities entering India. From wholly owned subsidiary incorporation and branch office registration to liaison office setup, project office approval, and joint venture structuring.
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India is one of the most significant investment destinations in the world, and for good reason. A market of 1.4 billion consumers, a rapidly expanding middle class, liberalised FDI norms across most sectors, and a government policy environment actively encouraging foreign direct investment have made India the first-choice expansion market for corporations across the United States, Europe, the Middle East, Japan, Singapore, and beyond.
Yet registering a foreign company in India is not a simple filing exercise. The entry structure you choose, whether a wholly owned subsidiary, branch office, liaison office, project office, or joint venture, determines your operational scope, tax treatment, repatriation rights, RBI reporting obligations, and long-term compliance burden. A misstep at the structure selection stage creates regulatory exposure that is difficult and expensive to unwind.
The Companies Act, 2013 governs corporate registration. The Foreign Exchange Management Act, 1999 (FEMA) governs inbound FDI and repatriation. The Reserve Bank of India's regulations govern which sectors can receive automatic FDI approval and which require prior government clearance. All three frameworks apply simultaneously to any foreign entity entering India.
At KDP (Kamdar Desai & Patel LLP), our Chartered Accountants have been advising foreign companies on India entry since before FEMA itself existed. We bring seven decades of cross-border compliance expertise to every foreign company registration engagement, ensuring that your chosen structure is correctly evaluated, your FDI approvals are in order, your registration with the Registrar of Companies is complete, and your post-incorporation obligations are set up from day one.
Get StartedFull operational control with separate legal entity status and 100% ownership by foreign parent.
Direct extension of foreign parent with manufacturing, trading, and service capabilities.
Communication and coordination hub for market research and parent relationship management.
Temporary presence for specific contract execution with dedicated project management.
Partnership structure with Indian entity combining foreign capital and local expertise.
Lighter compliance structure for professional services and consulting firms.
Your choice of entry structure determines your operational scope, tax treatment, and compliance obligations. KDP helps you select the structure that best aligns with your business objectives and regulatory requirements.
A company incorporated in India under the Companies Act, 2013, in which 100% of share capital is held by the foreign parent. It is the most commonly chosen structure, providing full operational control, the ability to conduct any permissible business activity, and flexibility to eventually list or expand. WOS is treated as an Indian company for all tax and regulatory purposes.
An extension of the foreign parent company registered in India under the Companies Act, 2013, and permitted by the Reserve Bank of India. Unlike a subsidiary, a branch office is not a separate legal entity; it represents the parent company directly. Branch offices can conduct manufacturing, trading, professional services, research, and import/export activities subject to sector approvals.
A communication and coordination channel between the foreign parent company and its Indian customers, agents, or subsidiaries. Cannot undertake any commercial, trading, or industrial activity and cannot earn income from Indian operations. All expenses are met through inward remittances from the parent. Valid for three years, renewable thereafter, subject to RBI approval.
A temporary presence established to execute a specific project or contract with an Indian company. Permitted where the foreign company has secured a contract and the project is funded through inward remittances, direct foreign investment, or bilateral/multilateral funding. Registered with both RBI and the Registrar of Companies for the project duration.
A foreign company partnering with one or more Indian companies to incorporate a shared Indian entity, typically a Private Limited Company or LLP. Especially relevant in sectors where FDI is capped or where local market knowledge, distribution networks, or regulatory relationships of the Indian partner are strategically essential. JV agreement and profit-sharing must be carefully structured.
FDI is permitted in LLPs in sectors where 100% FDI is allowed under the automatic route with no FDI-linked performance conditions. LLPs offer lighter compliance compared to private limited companies and are increasingly used by foreign professional services firms and consulting entities entering India with lower regulatory burden.
Each service is structured to ensure that your India entry is legally compliant, tax efficient, and operationally seamless from day one.
Before any registration application is filed, we conduct a comprehensive advisory engagement to determine the optimal entry structure for your specific business, sector, and operational requirements.
We handle the complete incorporation of a wholly owned subsidiary in India from name reservation through Certificate of Incorporation, PAN, TAN, and GST registration.
We manage the end-to-end registration of branch and liaison offices including mandatory Reserve Bank of India approval and subsequent Registrar of Companies registration.
For foreign companies awarded contracts by Indian entities, we manage the full project office registration including RBI eligibility verification, Form FNC filing, and ROC registration.
Every foreign capital inflow into an Indian entity triggers mandatory FEMA reporting obligations. We manage the full spectrum of FDI compliance and RBI reporting requirements.
Registering the company is only the beginning. A newly incorporated foreign subsidiary immediately faces a comprehensive annual compliance calendar. We set up all compliance systems from the first month.
The specific documents required vary based on the entry structure chosen. Below is the standard checklist for the most commonly incorporated structures.
Certificate of Incorporation of foreign parent (apostilled); MOA & AOA of foreign parent (apostilled); Board Resolution authorising India incorporation; Passport copies of proposed directors; Registered office proof of foreign parent; Indian registered office address proof; PAN and Aadhaar of Indian resident director (mandatory).
Certificate of Incorporation of foreign parent (apostilled); Latest audited financial statements of foreign parent (apostilled); Board Resolution authorising branch/liaison office establishment; Details of designated authorised representative in India; Proof of address for proposed Indian office; Letter from AD Category-I bank confirming banking relationship.
Certificate of Incorporation of foreign parent; Copy of contract or letter of award from Indian entity; Board Resolution authorising project office establishment; Proof of funding arrangement, inward remittance, or bilateral/multilateral funding; Details of project timeline and completion milestones.
All parent company documents as above; Executed or draft JV Agreement; Shareholding structure and capitalisation plan; Details of Indian JV partner and entity documents; Sector FDI cap compliance confirmation and verification.
Our structured, seven-step registration process ensures accurate filing, timely approvals, and seamless compliance from registration through post-incorporation setup.
We conduct a detailed consultation to understand your business model, sector, India strategy, and operational requirements. We then prepare a formal recommendation on the optimal entry structure and FDI route with timeline and cost estimate.
We provide a precise, structure-specific document checklist and guide you through the apostille process in your home country. We verify all documents for format compliance and review translations before any filing is made.
For branch offices, liaison offices, and project offices, we prepare and file the application with RBI through the designated AD Category-I bank. We manage all RBI correspondence and track the approval timeline. For WOS under automatic route, post-allotment FEMA reporting is mandatory.
We file the incorporation or registration application with the Ministry of Corporate Affairs under the appropriate form (SPICe+ for new company; Form FC-1 for branch/liaison/project office). We manage all MCA portal workflows and digital signature requirements.
Upon incorporation, we immediately initiate PAN application, TAN application, GST registration, and where applicable, import-export code (IEC) registration to ensure the new entity is fully registered before operations commence.
We coordinate with scheduled commercial banks for opening the Indian entity's current account, providing all required KYC documents and initial capital inflow documentation. For WOS receiving FDI, we manage the inward remittance process.
We establish the entity's complete compliance calendar covering Companies Act filings, GST returns, income tax schedules, FEMA annual filings, transfer pricing requirements, and board/AGM secretarial obligations. We brief the authorised signatory on first-year compliance obligations.
The following categories of foreign entities are required to register a legal presence in India before commencing operations.
Foreign companies intending to carry out manufacturing, trading, or commercial operations in India must register before commencing business.
Multinational corporations establishing a presence to serve the Indian market or manage Indian clients require formal legal registration.
Foreign companies awarded contracts by Indian entities or government bodies for project execution require project office or entity registration.
Foreign firms setting up shared services, technology, or back-office centres in India must establish a registered legal presence.
Overseas holding companies investing in Indian subsidiaries through FDI require proper structure and regulatory compliance setup.
Foreign entities providing professional, consulting, or technical services from a fixed base in India require registration.
Non-banking foreign entities providing financial services in regulated sectors require RBI approval and formal registration.
Foreign companies establishing R&D centres, software development centres, or captive units in India must register the entity.
Foreign entities that have acquired shares in Indian companies require ongoing FEMA compliance and regulatory setup.
Foreign entities whose only India activity involves market research, coordination with Indian partners, or promotion of parent company products and services may qualify for liaison office registration instead of full commercial registration.
KDP brings unmatched institutional expertise in cross-border advisory, regulatory compliance, and foreign company registration in India.
KDP has been advising foreign companies on India entry since long before the current FDI and FEMA framework was enacted. Our team has navigated every regulatory transition from FERA to FEMA and from pre-2013 Companies Act to the current regime. We do not learn on your file.
Foreign company registration touches corporate law, FEMA, income tax, GST, and transfer pricing simultaneously. KDP covers all of them, eliminating the coordination gap between legal counsel, tax consultant, and compliance advisor that is the most common source of errors and delays.
RBI applications for branch and liaison office registration, MCA filings for company incorporation, and FEMA post-allotment filings have strict format and document requirements. Our pre-submission review ensures every document is correct before any filing is made.
Every foreign company registration engagement is managed by a dedicated Chartered Accountant who remains your primary contact from initial consultation through post-incorporation compliance. You will never be passed to a junior executive. Direct access to the CA managing your India entry at every stage.
Whether you are setting up your first India subsidiary, establishing a liaison office to test the market, executing a project through a project office, or structuring a joint venture with an Indian partner, KDP provides accurate, CA-supervised foreign company registration with complete FDI and FEMA compliance.
Clear answers to the most common queries about foreign company registration in India.
The wholly owned subsidiary (WOS) incorporated as a Private Limited Company is the most commonly chosen structure. It provides full operational control, the ability to conduct any permissible business activity, complete profit repatriation flexibility, and the most straightforward path to future expansion, listing, or exit. Branch offices and liaison offices are used in specific circumstances where the parent company does not wish to create a separate Indian legal entity.
No. India's FDI policy specifies sectoral caps and conditions. Many sectors permit 100% FDI under the automatic route requiring no prior government approval. Some sectors permit FDI up to a specified percentage or require prior government approval beyond a threshold. A small number of sectors remain closed to FDI entirely. KDP determines the applicable FDI route and conditions for your specific sector before any structure recommendation.
Company incorporation under the MCA21 SPICe+ process typically takes 10 to 15 working days from submission of all correctly prepared documents. PAN, TAN, and GST registrations follow within a further 5 to 10 working days. Apostille of foreign documents and DSC issuance for foreign directors may add time depending on your home country. Total timeline from engagement to fully registered entity with bank account is typically 4 to 8 weeks.
Yes. Under Section 149(3) of the Companies Act, 2013, every company incorporated in India must have at least one director who has stayed in India for a total period of not less than 182 days in the previous calendar year. KDP can advise on nominee directorship arrangements where the foreign parent does not have a suitable India-based individual available at incorporation.
A branch office is not a separate legal entity—it is an extension of the foreign parent company and the parent's liability extends to all branch office obligations. A wholly owned subsidiary is a separate Indian legal entity and the parent's liability is limited to the extent of its shareholding. Branch offices are restricted in the business activities they can undertake. WOS entities can conduct any permissible business activity in India. For most operational purposes, the WOS is the preferred structure.
When the foreign parent remits funds to the Indian subsidiary for share subscription, the Indian company must file Form FC-GPR with the Reserve Bank of India through an AD Category-I bank within 30 days of allotment of shares. Every year thereafter, the Indian company must file the Foreign Liabilities and Assets (FLA) return with RBI by 15 July. KDP manages both the initial FC-GPR filing and all subsequent annual FEMA filings.
Yes. A liaison office is required to file an Annual Activity Certificate (AAC) with the Reserve Bank of India every year, certified by a Chartered Accountant, confirming that the liaison office has not undertaken any commercial activity and has been funded solely through inward remittances from the foreign parent. Additionally, the liaison office must file Form FC-3 with the Registrar of Companies. KDP manages complete annual compliance for liaison offices.
No. A bank account for operational purposes requires a completed registration, either a fully incorporated WOS or an RBI-approved branch or liaison office. However, an Escrow or collection mechanism may be available in limited circumstances. KDP coordinates bank account opening immediately upon completion of registration.
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