Option A
Private Limited Company
Best for long-term operations, fundraising and limited liability protection.
- Separate legal entity
- FDI allowed under the automatic route in most sectors
- Suits subsidiaries, captive centres and funded startups
1.02 · Market Entry
Subsidiary Formation
Rapid incorporation of private limited companies, LLPs and branch offices. We handle the paperwork so you can start operating.
Service docket
- Register no.
- 1.02 · 2 of 4 in desk
- Scope
- 6 items
- Deliverables
- 4
- Questions answered
- 2
Named on this page
- SPICe+
- AGILE-PRO-S
- INC-20A
- eMoA
- DIN
- DSC
- PAN
- TAN
01 · Overview
Overview
Choosing the right legal structure is the most important decision for a foreign company entering India. It affects your tax liability, your compliance burden and your ability to repatriate funds.
We advise on the structure, prepare and file the incorporation forms with the Ministry of Corporate Affairs, obtain the tax registrations and complete the foreign-investment reporting that follows.
Note
At least one director must have stayed in India for 182 days or more in the financial year (Companies Act, 2013, s.149). We can help with professional nominee director arrangements.
02 · Structure
Choosing the right entity
Option B
Limited Liability Partnership (LLP)
Suits professional services and small consulting set-ups that want lower compliance.
- Flexible management by partners
- Lighter annual compliance than a company
- Check sector conditions before choosing an LLP for FDI
Option C
Branch office
An extension of the foreign company, set up through the RBI and your AD bank, for permitted activities only.
- No separate legal entity
- Activities limited to those permitted by the RBI
- Usually takes longer to set up than a subsidiary
03 · Scope
What we do
Incorporation of private limited companies, LLPs and branch offices, including MCA filings and SPICe+.
- 01Digital Signature Certificates (DSC) and Director Identification Numbers (DIN)
- 02Name reservation and incorporation through SPICe+ (Parts A and B) with AGILE-PRO-S
- 03Electronic Memorandum and Articles of Association (eMoA / eAoA)
- 04PAN and TAN, and bank account opening support
- 05First board meeting, auditor appointment and commencement of business filing (INC-20A)
- 06FC-GPR reporting to the RBI after shares are allotted to the foreign parent
04 · Deliverables
Deliverables
What you receive from the engagement.
DEL-01Market Entry
Certificate of Incorporation with CIN, PAN and TAN
DEL-02Market Entry
Board minutes and statutory registers for the first meeting
DEL-03Market Entry
Post-incorporation checklist with owners and dates
DEL-04Market Entry
FC-GPR acknowledgement from the RBI portal
05 · Companies
Who it is for
- 01
Foreign companies opening a wholly owned or joint-venture subsidiary
- 02
Professional firms setting up an Indian LLP
- 03
Groups comparing a branch office with a subsidiary
06 · Compliance
Related compliance
Guides and calendars
Forms, registrations and systems named on this page
- SPICe+
- AGILE-PRO-S
- INC-20A
- eMoA
- DIN
- DSC
- PAN
- TAN
- FC-GPR
07 · Questions
Frequently asked questions
Does a subsidiary need a resident Indian director?
Yes. Under section 149 of the Companies Act, 2013 at least one director must have stayed in India for a total of at least 182 days during the financial year. We can help with professional nominee director arrangements.
How long does it take to incorporate a company in India?
Typically 10–15 business days for a private limited company, provided all documents are in order. Apostille or notarisation of foreign documents can add time.
08 · More in this desk
Related services
- Market EntryIndia Market EntryEnd-to-end setup for foreign subsidiaries: structure, incorporation, office and hiring.
- Market EntryFEMA & RBI ComplianceForeign investment reporting and capital-flow structuring with your Authorised Dealer bank.
- Legal, Labour & TechnologyLegal AdvisoryYour external general counsel for day-to-day and strategic legal risk.
- Managed ServicesAudit & AssuranceStatutory and regulatory audit for Indian companies and foreign subsidiaries.
Need a hand?
Email info
Discuss Subsidiary Formation with us
Tell us about your entity and what you need. We reply with a scope and fee proposal under a formal engagement letter.