Foreign Company Registration in India
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Overview: Foreign Company Registration in India
India is one of the fastest-growing economies in the world, making it an attractive destination for foreign businesses looking to enter the South Asian market. The Companies Act, 2013, along with regulations by the RBI (Reserve Bank of India) and MCA (Ministry of Corporate Affairs), governs how a foreign company can establish its presence in India.
At Nikitha Associates, we provide complete legal and professional assistance for Foreign Company Registration in India, including setting up liaison, branch, subsidiary, or project offices with regulatory approvals and compliance.
Who is a Foreign Company?
According to Section 2(42) of the Companies Act, 2013, a foreign company is a company or body corporate incorporated outside India, but:
- Has a place of business in India (by itself or through an agent), and
- Conducts any business activity in India in any manner (physical or digital presence)
Types of Business Structures for Foreign Companies in India
Foreign companies can choose from several entity types based on their business goals:
- Wholly Owned Subsidiary (WOS)
- 100% foreign ownership allowed in most sectors
- Registered as a Private Limited Company
- Suitable for full-scale operations in India
- Joint Venture (JV) with an Indian Partner
- Shared ownership between Indian and foreign partners
- Great for market collaboration and local expertise
- Liaison Office (Representative Office)
- Acts as a communication channel only
- No commercial/trading activities allowed
- Requires RBI approval
- Branch Office
- Allowed for export/import of goods, professional services, R&D
- Cannot undertake retail trading or manufacturing (unless in SEZ)
- Requires RBI approval
- Project Office
- For executing specific projects in India
- Suitable for foreign companies awarded a contract by an Indian company or government body
Step-by-Step Process for Foreign Company Registration
For Wholly Owned Subsidiary or JV Company:
- Name Approval (SPICe+ Part A)
- Reserve a unique name with MCA, ending in “Private Limited”
- Obtain Digital Signature (DSC) and DIN
- Required for directors (at least one Indian resident director)
- Incorporation Filing (SPICe+ Part B)
- Submit company incorporation form with MOA, AOA, and declarations
- Apply for PAN, TAN, GST (if applicable)
- Receive Certificate of Incorporation
- Along with CIN, PAN, and TAN
- Foreign Direct Investment (FDI) Reporting
- Report FDI to RBI through Form FC-GPR via FIRMS portal
For Liaison / Branch / Project Office:
- Prepare Documentation
- Application to Authorized Dealer Bank (AD Bank) in Form FNC
- Obtain RBI Approval
- Under FEMA (Foreign Exchange Management Act)
- Apply for Certificate of Establishment with ROC
- File Form FC-1 along with RBI approval
- Open Bank Account & Register for PAN/TAN
Documents Required
For Company Incorporation (WOS/JV):
- Passport & address proof of foreign directors
- Board resolution authorizing investment
- Indian address proof for registered office
- MOA and AOA signed by foreign promoters
For Liaison/Branch/Project Office:
- Certificate of Incorporation and Charter Documents of Parent Company
- Audited Financial Statements of the parent company (last 3 years)
- Letter of intent, business plan, and RBI FNC form
- Power of attorney in favor of Indian representative
Timeline for Registration
Process | Estimated Time |
Name Approval | 2–3 working days |
Incorporation of WOS/JV | 5–7 working days |
RBI Approval for Liaison/Branch | 3–4 weeks |
ROC Filing for Foreign Entity | 5–10 working days |
Post-Incorporation & Ongoing Compliance
- FDI compliance under FEMA
- Annual return filing with ROC (Form MGT-7)
- Financial statements (Form AOC-4)
- Income tax return filing
- Transfer pricing and tax audit, if applicable
- RBI filings for foreign investments (Form FC-GPR, FLA return)
Why Choose Nikitha Associates?
- ✅ Dedicated Team of Legal, CS, and FDI Experts
- ✅ End-to-End Advisory for RBI, MCA & FEMA Compliance
- ✅ Tailored Structure Based on Your Business Model
- ✅ Transparent Pricing and Timely Delivery
- ✅ Ongoing Compliance & Taxation Support
We are your strategic partner in foreign market entry, ensuring your business setup in India is legally secure, compliant, and efficient.
Get Started with Foreign Company Registration Today
Looking to register your foreign company in India?
Let Nikitha Associates help you with professional guidance, legal structuring, and hassle-free compliance.
