Company Registration in India for Foreigners & Foreign Companies
Getting incorporated is the easy part. Getting to actually operational, bank account open, capital reported to the RBI, first tax and GST registrations done, is where most delays actually happen. We handle both halves as one continuous process, from choosing the right structure through to the point your company can genuinely start doing business.
Illustrative recent outcome. Every case turns on its own facts.
When people come to us
Deciding on a subsidiary
Not a branch or liaison office, an actual Indian company that can operate directly in the market.
Ready to receive FDI
The company needs to exist first, in the right structure, before capital or hiring can begin.
Formalizing informal operations
A distributor or agent relationship has been standing in for a real presence.
Uncertain on structure
Private limited, LLP, or a joint venture, guidance is needed before anything gets filed.
Post-incorporation is stalling
Registered on paper, but the bank account, FDI reporting, or GST aren't done.
Incorporation, through to genuinely operational
This is end-to-end incorporation of an Indian entity, a wholly owned subsidiary, a joint venture company, or an LLP, for foreign individuals, companies, and investor groups who want an actual legal presence in India. It covers entity selection, the incorporation filing itself, and the first round of post-incorporation compliance, PAN, TAN, bank account, GST, and FDI reporting.
This is distinct from setting up a liaison office, branch office, or project office. If you're still deciding between those options and a subsidiary, that broader entry-strategy question deserves its own conversation before incorporation begins, covered on our India Entry Strategy page.
Incorporation is the starting point, not the finish line. A subsidiary isn't truly operational until the bank account, FDI reporting, and initial registrations are also done.
We regularly incorporate for founders based in
The advisory relationship happens entirely online, coordinated around apostille and notarization timelines wherever your directors or shareholders are based.
Who needs this
Wholly Owned Subsidiary
Foreign companies wanting to operate directly in the Indian market.
Foreign Founders
Individuals, NRIs, and OCIs starting a new business in India.
Joint Ventures
Between a foreign company and an Indian partner.
Captive Units
Global companies setting up a GCC, shared services, or manufacturing subsidiary.
Private limited, LLP, or JV?
Private limited is the most common structure, incorporated through SPICe+, the integrated form bundling incorporation, DIN, PAN, TAN, and linked registrations into one filing.
LLP can also receive foreign investment in many sectors, but not all, and uses an entirely different form, FiLLiP, not SPICe+.
One structure NRIs, OCIs, and foreign nationals cannot use: a One Person Company, reserved for Indian residents.
Incorporated isn't the same as operational
The Certificate of Incorporation feels like the finish line. It isn't. Here's what typically still has to happen.
Bank Account Opening
KYC for foreign directors and shareholders takes real time, and it can't be shortcut.
Initial Capital & FCGPR Filing
Once foreign shareholders bring in their first capital, that's an FDI event with its own RBI reporting deadline.
GST Registration
Where the business will supply goods or services, which covers most operating companies.
Statutory Registers & First Board Meeting
The internal governance steps that make the company's own records complete.
Compliance Calendar Handover
So ongoing ROC, tax, and GST obligations don't get missed once the initial setup work is done.
Skipping straight from "incorporated" to "operating" is exactly where the FCGPR filing gets missed and the compliance gap starts on day one, before the company has even really begun.
Do you need an Indian resident director?
Yes. Every Indian private limited company needs at least one director who has stayed in India for 182 days or more in the preceding financial year, under Section 149(3) of the Companies Act, 2013. This is a company law requirement, separate from FDI approval and separate from anyone's personal tax residency status. If you don't already have someone who meets this, this is worth planning for before incorporation.
Our process, start to finish
Advise on the Right Structure
Private limited, LLP, or joint venture, based on your objectives, sector, and FDI conditions.
Check Sectoral FDI Conditions
Automatic route or government approval, confirmed before anything gets filed.
Reserve the Name and Prepare Documents
MOA, AOA, subscriber and director details, and registered office proof.
File SPICe+ and Linked Forms
Including AGILE-PRO-S for GST, EPFO, ESIC, bank account setup, PAN, and TAN.
Open the Bank Account, Complete KYC
For foreign directors and shareholders, coordinated to avoid becoming the bottleneck.
Handle First-Round FDI Reporting
FCGPR once capital comes in, GST registration, statutory registers, and a compliance calendar.
Get the entity structure and FDI route right before incorporating. Restructuring afterward is far more expensive.
Book a ConsultationDocuments required
- Passport and address proof of foreign directors and shareholders, apostilled or notarized
- Board resolution from the foreign parent company, for subsidiary incorporation
- Registered office proof in India, a lease deed or NOC
- Digital Signature Certificates and Director Identification Numbers
- MOA/AOA and subscriber sheets
- KYC documents for opening the Indian bank account
The exact document list depends on your structure and where your directors and shareholders are based, including apostille or notarization needs for your specific country.
Mistakes that create risk
Not Checking Sectoral FDI Conditions First
Finding out the structure needs government approval only after filing creates avoidable delay.
Underestimating Apostille/Notarization Time
One of the most common sources of incorporation delay, and almost entirely avoidable with early planning.
Choosing the Wrong Entity Structure
An LLP where the sector doesn't permit full foreign investment, or vice versa, is expensive to unwind later.
Treating Incorporation as the Finish Line
Missing the FCGPR filing once capital comes in creates a compliance gap from day one.
Not Planning Local Director Requirements Early
Causes a last-minute scramble that a few weeks of lead time would have prevented.
Getting incorporation wrong compounds into real risk
- Incorporation delays that push back your India launch timeline
- FDI reporting non-compliance from day one if the FCGPR filing is missed
- Operational hurdles, unable to open a bank account, sign contracts, or hire
- Structuring mistakes that are expensive to unwind, the wrong entity type, or a restrictive MOA/AOA
One continuous process, not two disconnected engagements
We handle incorporation and post-incorporation compliance, FDI reporting, GST, the bank account, as one continuous process, not two disconnected engagements that leave a gap between them.
We coordinate apostille and notarization timelines for foreign directors directly, and our support continues after incorporation, so the entity stays in good standing from day one.
Reviewed by Cash Stream Advisors, 6+ years incorporating Indian entities for foreign investors.
Case studies
Subsidiary Live Within Weeks
A European technology company's Indian wholly owned subsidiary was incorporated, banked, and FDI-reported within weeks, letting the client hire its first India team on schedule.
Read the complete case studyStructure Corrected Before Filing
A foreign founder was guided through choosing a private limited structure over an LLP after clarifying FDI conditions in their sector, avoiding a mistake their own initial research had led them toward.
Read the complete case studyFrequently Asked Questions
Ready to Incorporate, or Still Deciding?
We advise on structure, handle the filing, and get you to genuinely operational, not just registered.
Book a Consultation