Indian Subsidiary Registration

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Procedure for Indian Subsidiary registration

1

Complete the Indian Subsidiary registration application form

2

Provide us pertinent documents

3

Make an online payment.

4

Our executive will manage the application process for Indian Subsidiary registration

5

We will mail you a certificate of incorporation

What is the Indian Subsidiary registration ?

The Indian government has been actively pursuing initiatives to attract foreign capital for the growth and advancement of the country.

India, with one of the fastest-growing economies, is making strides in various economic sectors. Concurrently, efforts are underway to elevate the country's ranking in the World Bank Group's Ease of Doing Business index. In a bid to entice foreign investors and entrepreneurs, several policies have been put in place to enhance business accessibility.

Registering your Indian subsidiary with CA Saheb advisors has now been simplified, making the process easy and efficient.
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Documents Required For Company Registration

  • Copy of PAN Card of directors.
  • Passport size photograph of directors.
  • Aadhaar Card/ Voter identity card.
  • MOA and AOA.
  • Property papers (If owned property).
  • Rent agreement (If rented property).
  • Electricity/ Water bill (Business Place).
  • Landlord NOC (Format will be provided).
  • Passport and foreign national visa.
  • Director Identification Number (DIN).
  • Digital Signature Certificate (DSC).
  • Certificate of Incorporation.
  • A foreign national's attested identity document that has been endorsed by the Indian Embassy.

Benefits of registering an Indian subsidiary

Limited Liability:
The incorporation of an Indian subsidiary ensures limited liability, safeguarding the personal assets of directors and members in the event of company losses or financial challenges.
Scope of Expansion:
As an Indian subsidiary enjoys the rights and privileges of a private limited company, it can easily attract capital from financial institutions, venture capitalists, and investors, facilitating smooth business growth and expansion.
Perpetual Succession:
OPCs do not allow continued existence, distinguishing them from other business structures.
Borrowing Capacity:
A fully-owned subsidiary in India has the advantage of borrowing money through loans from financial institutions.
Legal Entity:
An Indian subsidiary operates as a legal entity, possessing the ability to initiate lawsuits and defend against legal actions.
Attracts Foreign Direct Investment (FDI):
The Indian government permits 100% FDI participation in rapidly growing business sectors, allowing for unrestricted foreign investment without prior approval.
Real Estate Acquisition in India:
The independent organizational structure of Foreign Subsidiary Companies grants them the privilege to acquire real estate in India.

Process for Indian Subsidiary Registration

Steps for Indian Subsidiary Registration:

Apply for DIN and DSC:
Initiate the process by applying for a Director Identification Number (DIN) and a Digital Signature Certificate (DSC).
Verification of Company Name:
Ensure compliance with the Ministry of Corporate Affairs' (MCA) requirements by verifying and checking the company name.
Form Submission:
Following the approval of the business name, submit the application form for the certificate of incorporation through the relevant MCA portal, including any necessary supporting documents.
Document Submission:
Submit all required paperwork to the MCA after completing the preceding steps.
Opening a Bank Account:
Conclude the process by opening a bank account in the name of the subsidiary to handle day-to-day business operations.
GST Number:
Upon completion of the steps, the company receives a GST number for taxation purposes, enabling it to undertake various activities.
Company Incorporation:
After thorough verification, the Registrar of Companies issues the certificate of incorporation, allowing the Indian subsidiary to commence its business operations.

RRegistration Criteria for Indian Subsidiary Registration

Minimum 2 Shareholders

Parent company must hold 50% of total equity capital

Minimum 3 Directors

DIN for all Directors

Annual Compliances of Indian Subsidiary Company

Ensuring compliance with specific regulations during the Indian Subsidiary Registration Process is crucial for establishing a lawful and legitimate subsidiary.
The essential compliances include:
  • Adherence to 2013 Companies Act: Strict adherence to the regulations outlined in the 2013 Companies Act is mandatory for any company established in India.
  • RBI Regulations: A company with an Indian subsidiary must comply with regulations set by the Reserve Bank of India (RBI) concerning the management of foreign exchange.
  • Income Tax Act Compliance:Income Tax Act Compliance: It is imperative for all businesses in India, including subsidiaries, to file income tax returns in accordance with the provisions of the Income Tax Act of 1961.
  • Annual Returns Filing:Annual Returns Filing: Companies, including subsidiaries, are obligated to file annual returns with both the Ministry of Corporate Affairs and The Registrar of Companies.
  • SEBI Regulations:SEBI Regulations: If a company lists its securities on a stock exchange, strict adherence to Securities Exchange Board of India (SEBI) regulations is mandatory.
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