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Indian Subsidiary · WOS · FDI · FEMA · Companies Act 2013

Indian Subsidiary your India entry, structured for compliance and growth.

End-to-end Indian subsidiary incorporation in Mumbai and across India — FDI route advisory, name reservation, MOA and AOA drafting, SPICe+ filing, RBI FC-GPR reporting, Transfer Pricing setup, and ongoing FEMA compliance for foreign companies entering India.

An Indian Subsidiary is a Private Limited Company in India where a foreign company holds the majority or entire share capital. It is the most widely chosen structure for foreign companies entering the Indian market through FDI. A Wholly Owned Subsidiary (WOS) has 100% foreign equity while a Joint Venture involves shared ownership with an Indian partner. Both are incorporated under the Companies Act, 2013, and must comply with FEMA regulations.

The FDI policy distinguishes between sectors where investment is permitted under the Automatic Route (no prior approval, only post-investment RBI reporting) and sectors under the Government/Approval Route. Most sectors — manufacturing, IT, consultancy, trading, e-commerce — permit 100% FDI under the automatic route. Restricted sectors such as defence, multi-brand retail, insurance, and banking have caps or approval requirements.

Our Indian subsidiary setup covers FDI route assessment, foreign document apostille, DSC and DIN for foreign directors, MOA and AOA drafting, SPICe+ filing, Certificate of Incorporation, RBI reporting in Form FC-GPR, Transfer Pricing documentation setup, GST registration, corporate bank account opening, and annual regulatory compliance.

Our Indian Subsidiary Setup Services

01

FDI Route Advisory

Automatic vs approval route assessment and sector-specific FDI cap analysis.

02

Foreign Document Apostille

Apostille of parent company MOA, board resolution, and address proof for MCA filing.

03

Director & Shareholder Setup

DSC and DIN for foreign directors and shareholder declarations.

04

SPICe+ Incorporation

MOA, AOA drafting and SPICe+ filing with MCA.

05

Certificate of Incorporation

COI, CIN, PAN, and TAN receipt.

06

RBI / FC-GPR Reporting

Post-incorporation FC-GPR filing with RBI within 30 days of FDI receipt.

07

Transfer Pricing Setup

Transfer Pricing policy advisory and Form 3CEB preparation.

08

Annual Regulatory Compliance

ROC filings, RBI Annual Performance Report, income tax, GST, and FEMA compliance.

Our Subsidiary Incorporation Workflow

1

FDI & Structure

Assess FDI route, sector compliance, and share structure.

2

Document Preparation

Apostille foreign documents, obtain DSC and DIN, draft MOA and AOA.

3

MCA Filing

File SPICe+ and receive COI, PAN, and TAN.

4

RBI Reporting

File FC-GPR with RBI within 30 days of FDI receipt.

5

Tax & Compliance

Register for GST, set up Transfer Pricing, establish compliance calendar.

Benefits of an Indian Subsidiary

Separate legal entity — parent liability limited to investment
100% FDI permitted in most sectors under automatic route
Access to India's large domestic market
Full repatriation of profits under FEMA
Eligible for Indian government contracts and tenders
India-based entity for local banking and hiring
Transfer Pricing framework ensures tax-efficient transactions
Clear exit route through share transfer or winding up

Frequently Asked Questions

A WOS is 100% owned by the foreign parent. A JV is jointly owned with an Indian partner. JVs are common in sectors with FDI caps or where local knowledge is critical.

For automatic route sectors, no prior approval is needed — only FC-GPR reporting within 30 days. Government route sectors require prior ministry approval.

Yes after obtaining DIN. At least one director must be a resident of India.

ROC filings, board and AGM minutes, income tax return, GST returns, Transfer Pricing documentation, RBI Annual Performance Report, and FEMA reporting for remittances.

22% under Section 115BAA plus surcharge and cess — effective approximately 25.17%. New manufacturing companies can opt for 15% under Section 115BAB.

Set Up Your Indian Subsidiary

From FDI route advisory to COI and RBI reporting, our team manages your complete India entry through a compliant subsidiary.

Set Up My Indian Subsidiary or call +91 9819 000 511