Question 1

Which entity type should a foreign company set up in India?

Accepted Answer

The right structure depends on what the parent intends to do in India:

• Private Limited Company: full operational entity, can earn revenue, hire, and raise capital. Best for substantive business in India.
• Liaison Office: representation only. No revenue, expenses funded by parent inward remittance. Useful for market research and rep activities.
• Project Office: set up for executing a specific contract or project in India.
• Branch Office: limited business activities such as export-import, consultancy, or representing the parent commercially.

For most operating businesses, the private limited route is the fastest and most flexible.

Question 2

Is 100% FDI allowed?

Accepted Answer

In most sectors, 100% FDI is allowed under the automatic route, with simple post-investment reporting to the RBI. Sensitive sectors such as defence, broadcasting, telecom, insurance, and banking have sectoral caps and require prior government approval. We confirm the FDI route applicable to your sector before incorporation so the funding plan and reporting timeline are clear from day one.

Question 3

What FEMA and RBI filings apply after incorporation?

Accepted Answer

Once the share capital is remitted from abroad, FEMA reporting kicks in:

• Advance Reporting Form (ARF) for inward remittance.
• FC-GPR within 30 days of share allotment.
• FC-TRS for transfer of shares between residents and non-residents.
• Annual Return on Foreign Liabilities and Assets (FLA) by 15th July each year.
• Annual Performance Report (APR) for Indian companies with overseas subsidiaries.

We build the FEMA calendar alongside the MCA compliance calendar so nothing slips.

Question 4

How long does foreign company registration take?

Accepted Answer

Typically 15 to 25 working days from receipt of complete apostilled documents. The critical-path items are notarisation and apostille of director and shareholder KYC in the home country, DSC issuance for foreign directors, and the bank account opening for share capital remittance. We run these in parallel wherever possible.

Question 5

Can foreign directors operate the company remotely?

Accepted Answer

Yes. Foreign directors can run the Indian company remotely, but at least one director on the board must be an Indian resident (180+ days in the relevant financial year). We can either help identify that resident director or provide nominee director support through our fiduciary services.

Question 6

What documents from the home country need apostille or notarisation?

Accepted Answer

All foreign-promoter documents must be either apostilled (for Hague Convention countries) or notarised (for non-Hague countries) in the home country before they are used in India:

• Identity proof of all foreign individual directors and shareholders (passport is mandatory; PAN is not required for foreign individuals).
• Residential proof not older than one month (utility bill, bank statement, phone bill).
• Board resolution and KYC of any foreign body-corporate shareholder.
• Every signature wherever required from a foreigner has to be apostilled or notarised at the same time.

If the foreign promoter is physically in India and signs in India, a valid Business Visa with arrival proof replaces the apostille on the signature.

Foreign Company in India and Registration

Simple Pricing With Deliverables

Our Process

Choose Entity Type

Document Collection

Name Approval

Apply for DSC & DIN

File SPICe+ / FNC Form

Open Bank Account & FEMA filings

Documents & Information Required

Foreigner-Specific Requirements

Directors / Shareholders Details

Features

Fast Private Limited Route

Multiple Entity Options

Legal & Separate Entity

End-to-end FEMA/RBI handling

Frequently Asked Questions

Ready to get started?

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