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Foreign Company in India the people from other countries can start their business by following our government rules and regulations.





India is one of the fastest growing economies in the world with healthy resources and a large market base. In the past few years, there is a great boost in foreign direct investment in India (FDI) because of the changed regulatory environment in the past few years. Therefore, it is very easy for foreign nationals to start a business in India.

Sometimes people get often confused in “Indian Company” and “Foreign Company”. If a foreign national incorporates a company in India then it is an Indian Company. But when a foreign company set up a branch office in India then it is known as Foreign Company.

Foreign Direct Investment (FDI)
The amount/capital to be invested by any foreign national/NRI shall be classified as FDI in India. In 1990s, there was high number of restrictions on FDI in India where as today, there are amendments in all the rules and regulations of company formation in India.

FDI is classified as
Business where FDI is not allowed at all.
Business sectors where permission is required from Foreign Investment Promotion Board(FIBP)
Business where no permission required.
All foreign nationals/ NRI’s must go through FDI policy before company incorporation in India in order to check any restrictions, prohibition in the proposed business activity

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Entry Strategy into Indian Market

A foreign company can commence operations in India by incorporating a company under the companies Act, 2013 through registration of company or establishing a branch or liaison office.

Establishing a private limited company is the easiest and fastest way to set up in India. FDI of up to 100% into a public limited or private limited is permitted under the FDI policy wherein no approval from RBI or central government is required. For the purpose of registration or incorporation, an application has to be filed with Registrar of companies (ROC).

Other entry strategy as a foreign company is to open a branch office, liaison office and Project Office. In this case, approval from RBI or central government is mandatory. Therefore, the time and money required for setting up a private limited or public limited company is much less than forming such offices.

Requirements for incorporation of company in India

In order to start a company in India, a minimum of two persons and an address are required in India. A company must have a minimum of two directors and a minimum of two shareholders. According to Indian rules and regulations, one director must be both an Indian citizen and Indian resident.

One should establish a company with three directors which includes two foreign nationals and one local citizen. In this case, 100% of the shares of the Indian company can be held by foreign nationals/ NRI. The address in India is served as the registered office of the company.

FAQ

  1. Address proof of the office and if accommodation is rented then latest electricity bill.
  2. For Indian citizen
    • PAN card mandatory
    • Address proof
    • Photograph ID proof like passport, Aadhar card or driving license.
  3. For foreign national
    • Passport mandatory
    • Address Proof
    • Photograph ID Proof like any government license or document containing name in full, photo and date of birth.)
    • Documents submitted must be certified by the Indian Consular or consulate.

Foreign company can enter into India market in following way

  1. As Indian company
    • Wholly Owned Subsidiary.
    • Joint Venture
  2. As foreign company
    • Setting up a Liaison Office
    • Representative Office or a Project Office or
    • a Branch Office of the foreign company
  1. For setting up a Liaison office or representative office in India the criteria has been prescribed by RBI.
    1. They must have a profit making record in the immediate preceding 3 financial years in the home country and their net value should not be less than USD 50,000
    2. A subsidiary of other company which does not satisfy the above condition can submit a letter of comfort from their parent company if the parent company satisfies the above condition.
  2. All the expenses are to be met entirely through inward remittances of foreign exchange from the Head Office outside India.
  3. It requires a specific approval of RBI under FEMA 1999 as well as approval from the Insurance Regulatory and Development Authority (IRDA).
  4. The application for establishing the office will be forwarded by the foreign entity to RBI through a designated Authorised Dealer Category–I Bank
  5. required documents should also be filed with application including an English version of the Certificate of Incorporation/Registration or MOA & AOA attested by the Indian Embassy/Notary Public in the Country of Registration, along with the latest Audited Balance Sheet of the applicant entity
  6. The office will be given a Unique Identification Number by RBI. It has to obtain PAN from Income Tax Authorities when setting up the office in India.
    It can undertake following activities
    • Representing parent company in India
    • Promoting import/export in India
    • Promoting technical/financial collaborations on parent company behalf
    • Coordinating communications between parent/group companies and Indian entity.
    • It cannot undertake any business activity and cannot earn any income in India

RBI prescribes the setting up of Project office in India by a foreign company.

  1. a foreign company can establishment office without the prior permission from RBI only when they have secured a contract from an Indian company to execute a project in India and
    1. it is funded directly by inward remittance from abroad or
    2. it is funded by a bilateral or multilateral International Financing Agency or it has been cleared by an appropriate authority or
  2. A company or entity in India providing the contract has been granted Term Loan by a Public Financial Institution or a bank in India for the project
  3. If the above conditions are not met the foreign entity has to approach the RBI for the approval.

A Foreign company can conduct business activity in India by opening a branch office with the prior approval of RBI.

  1. The company should be engaged in manufacturing or trading activities.
  2. It should have a profit in the immediately preceding five financial years and should have a net worth of not less than USD 100,000 in its home country.
  3. The subsidiary company of other if does not fulfil the above condition then they can submit a Letter of Comfort from their parent company if parent company fulfils the above condition
    It can undertake following activities:
    • Import & Export of goods.
    • Providing professional or consultancy services.
    • Carrying out research work in area which its parent company is engaged
    • Promoting technical/financial collaborations on behalf of the parent
    • The representing parent company in India and acting as buying/selling agent in India.
    • Providing IT services and developing software in India.
    • Providing technical support for products supplied by the parent
    • Foreign Airline/ Shipping Company.