Indian Subsidiary / Foreign Company Setup in India

Foreign companies entering India need more than a company registration — they need FDI structuring, RBI reporting and sector-specific approvals handled correctly from day one.

Entering the Indian market?

India entry done
Documents required

Notarised and apostilled Certificate of Incorporation of the foreign parent

Board resolution authorising Indian subsidiary incorporation

Contact us to know the exact pricing for your requirement.

Proof of registered office in India (rent agreement + NOC)

Proposed company name options (2–3 for RUN)

Description of business objects and proposed FDI amount

How we handle this for you

Structure advisory
We advise on WOS vs JV vs Branch/Liaison Office and confirm the applicable FDI route (automatic vs government approval).

Name approval & DSC/DIN
Company name reserved; DSC and DIN obtained for all directors including foreign nationals.

SPICe+ filing
MOA/AOA and incorporation form filed with MCA. PAN and TAN applied simultaneously.

RBI & FEMA filings
FC-GPR filed within 30 days of share allotment. FEMA compliance calendar established for ongoing remittances and filings.

Frequently asked questions

Can 100% foreign ownership be achieved in India?
Yes, in most sectors under the Automatic Route — no prior government approval required. Sectors such as defence, media and retail have FDI caps and may require government approval under the Approval Route.

What is an FC-GPR filing?
FC-GPR (Foreign Currency — Gross Provisional Return) is filed with the Reserve Bank of India within 30 days of issuing shares to a foreign investor. It reports the FDI received and the shares allotted.

Does a foreign director need to physically visit India?
No. A foreign director can execute documents from their home country using a notarised and apostilled Power of Attorney. SS Marks coordinates the documentation workflow to minimise travel requirements.

What is the difference between a Branch Office and a Subsidiary?
A Branch Office is an extension of the foreign company — profits are fully repatriable but activities are restricted. A Subsidiary is a separate Indian legal Complaints entity with full operational scope, subject to Indian corporate law.

What ongoing FEMA compliance is required?
Annual Performance Reports (APR) for foreign-invested companies, annual filings of FLA (Foreign Liabilities and Assets) with RBI, and FC-TRS for any secondary share transfers must be filed on time each year.

Bringing your foreign business to India?

SS Marks will map the right structure, FDI route and compliance obligations — initial consultation, without obligation.

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