India is a fast-emerging market, providing vast opportunities for foreign companies looking to expand their footprint. One of the best ways for foreign entities to enter the Indian market is by establishing a foreign subsidiary company. However, the process of foreign subsidiary company registration in India can seem complex. It is important to understand the top steps and the necessary legal and regulatory requirements. This guide outlines the top steps for registering a foreign subsidiary in India and explains how Groom Tax can assist you throughout the process.
1. Selecting the Appropriate Business Structure
The first step in foreign company registration in India is to choose the right business structure. Most foreign companies prefer to set up a Private Limited Company as a subsidiary. This structure offers several benefits, including limited liability, flexibility in management, and compliance with Indian laws. Another option is a Public Limited Company, which is suitable if you plan to list your subsidiary on the Indian stock exchange or seek a wider pool of investors.
2. Obtain a Digital Signature Certificate (DSC)
A Digital Signature Certificate (DSC) is a mandatory requirement for submitting electronic forms to the Ministry of Corporate Affairs (MCA). Both the foreign parent company and the directors of the Indian subsidiary need to obtain this certificate. The DSC is required to sign the incorporation documents digitally.
3. Obtain Director Identification Number (DIN)
Prior to making any move regarding the registration of the foreign subsidiary company in India, the proposed directors of the subsidiary need to apply for a Director Identification Number. It is a unique number that is issued by the MCA and is needed by everyone who is to serve as directors in the subsidiary.
4. Reserve the Company Name
Reserve a unique name for your foreign subsidiary company. You can apply for name approval via the RUN application on the MCA website. The name must be unique, not identical or similar to existing company names. Once the name is approved, you can proceed with the incorporation process.
5. Draft the Memorandum and Articles of Association
The Memorandum of Association and Articles of Association are two of the most critical documents to be prepared while incorporating a foreign company in India. The Memorandum of Association mentions the objectives of the company, whereas the Articles of Association mention the rules and regulations governing its internal management. These documents should be signed by the first shareholders and directors of the subsidiary.
6. Submit Incorporation Forms to MCA
Once the MOA and AOA are prepared, incorporation forms should be filed with the Ministry of Corporate Affairs (MCA). The incorporation forms have information on the subsidiary, the directors, shareholders, and the address of the registered office. MCA will scrutinize the submitted documents, and upon approval, will issue the Certificate of Incorporation.
7. Permanent Account Number (PAN) and Tax Registration:
Following the incorporation of your foreign subsidiary company in India, it is essential to apply for a Permanent Account Number (PAN) for taxation purposes. This number is required for tax filings, opening a bank account, and fulfilling other financial obligations. Additionally, depending on the turnover, your subsidiary may need to register for Goods and Services Tax (GST).
8. Register with the Reserve Bank of India (RBI)
As part of foreign subsidiary company registration in India, the compliance of FEMA and FDI policy is very important. Your subsidiary must register with the Reserve Bank of India, which monitors foreign investments. The registration process will ensure that your foreign investment complies with Indian regulations.
9. Open a Bank Account
Finally, upon completion of foreign company registration in India, a corporate bank account of the subsidiary must be opened. For the opening of the bank account, PAN, Certificate of Incorporation, and other similar documents shall be requested.
What Groom Tax Can Help
Incorporating a foreign company in India and getting a foreign subsidiary company registered in India are processes complicated and lengthy by nature. Groom Tax here for you to make it simple. Our team of experts will guide you through every step, ensuring complete compliance with Indian laws and tax regulations. From drafting legal documents to assisting with RBI registration and taxation issues, we provide end-to-end solutions that can help your foreign subsidiary prosper in the Indian market.
With our expertise, you can focus on growing your business while we take care of the regulatory and legal requirements.
Conclusion
Setting up a foreign subsidiary company in India can give your business a solid base to tap into India’s vast market. Following the top steps for registering a foreign subsidiary in India will ensure a smooth and efficient registration process. With Groom Tax as your partner, you will have expert support every step of the way to make your foreign expansion into India successful.
For more information, visit Groom Tax and get professional help for your foreign subsidiary company registration in India.
