Question 1

Can a foreigner start a company in India?

Accepted Answer

Foreign nationals can participate in an Indian company subject to applicable company law, sectoral rules, investment routes and documentation requirements.

Question 2

Can a foreign company establish a wholly owned subsidiary?

Accepted Answer

Often, yes. The appropriate route depends on the sector, investment rules, ownership and intended activities.

Question 3

Do I need an Indian resident director for my subsidiary?

Accepted Answer

Yes. Under Section 149(3) of the Companies Act, 2013, every Indian company — including a wholly owned subsidiary with 100% foreign shareholding — must have at least one director who has stayed in India for a total of 182 days or more during the financial year. It's a cumulative count, not a single continuous stay, but if your board is entirely foreign directors who only visit occasionally, this requirement is easy to miss and carries real penalties for non-compliance. Most foreign-owned companies satisfy it by appointing a professional resident/nominee director alongside their own board.

Question 4

What documents are required to register a company?

Accepted Answer

Requirements vary by structure, but for foreign directors and shareholders commonly include a passport, proof of address, a signed consent to act as director, and a board resolution authorising the Indian investment. Documents executed outside India typically need to be notarised and apostilled, and constitutional documents plus proof of a registered office are required for the Indian entity itself.

Question 5

What is a Digital Signature Certificate (DSC) and Director Identification Number (DIN)?

Accepted Answer

A DSC is required to digitally sign incorporation filings with the Ministry of Corporate Affairs, and a DIN is a unique identifier every director of an Indian company must hold. Both are obtained as part of the incorporation process, including for foreign directors.

Question 6

Can an NRI register a company in India?

Accepted Answer

Yes. NRIs can register and hold shares in an Indian company, subject to the same company law, FEMA and sectoral investment rules that apply to other participants, alongside any NRI-specific reporting requirements.

Question 7

How long does incorporation take?

Accepted Answer

Timelines depend on document readiness, name approval, government processing and the proposed structure. We confirm a practical plan after reviewing your facts.

Question 8

How much does it cost to register a company in India?

Accepted Answer

Cost depends on the structure you choose, professional and government fees, and the scope of ongoing support you need. We provide a clear estimate once we understand your specific plans.

Question 9

What is the difference between a subsidiary and a Branch Office?

Accepted Answer

A subsidiary is a separate Indian company. A branch office is an extension of the foreign company and operates within permitted activities.

Question 10

What's the difference between a Liaison Office, Branch Office and Project Office?

Accepted Answer

A Liaison Office can only act as a communication channel for the parent company and cannot generate income in India — all costs are met through inward remittances. A Branch Office can carry out most of the parent company’s business activities and generate local revenue, but generally cannot manufacture directly. A Project Office is set up to execute a specific contract awarded to the foreign company by an Indian entity, with activities tied to that project. All three require approval from an RBI-authorised bank.

Question 11

What FEMA or RBI reporting is required after receiving foreign investment?

Accepted Answer

Indian companies receiving foreign investment generally need to report it to the RBI through the FIRMS portal, including Form FC-GPR within the prescribed timeline after allotting shares to a foreign investor, and an annual FLA (Foreign Liabilities and Assets) return. Ongoing requirements depend on your specific investment structure and any later transactions.

Question 12

Does my Indian company need GST registration?

Accepted Answer

Most companies supplying goods or services in India need GST registration, generally once turnover crosses the applicable threshold, or immediately for certain categories of supply. We assess this as part of your incorporation and compliance planning.

Question 13

What are PAN and TAN, and why does my India entity need them?

Accepted Answer

PAN (Permanent Account Number) is the tax identification your Indian company needs for banking, tax filings and most financial transactions. TAN (Tax Deduction and Collection Account Number) is required if your company deducts or collects tax at source, such as on salaries or vendor payments. Both are obtained as part of incorporation.

Question 14

What's the difference between the FDI automatic route and the government route?

Accepted Answer

Most sectors in India allow up to 100% foreign investment under the automatic route, which needs no prior government approval — you invest and report it to the RBI afterwards. A smaller set of sensitive or strategic sectors require the government approval route instead, filed through the National Single Window System. Which route applies depends on your specific sector and the extent of foreign ownership.

Question 15

Is there a minimum capital requirement to register a company in India?

Accepted Answer

No. India removed the minimum paid-up capital requirement for private limited companies in 2015, so there's no minimum amount you need to invest to incorporate. A minimum authorised share capital is still declared in the incorporation documents, but this is a formality rather than funds you need to hold upfront.

Question 16

Can profits be repatriated from India to a foreign parent company?

Accepted Answer

Yes. Dividends are freely repatriable once the applicable withholding tax is deducted, and the rate can often be reduced under India's tax treaties. Repatriating dividends doesn't need prior RBI approval, but does require standard documentation, including a Chartered Accountant's certificate.

Question 17

Do foreign directors need a visa to visit or work in India?

Accepted Answer

It depends on the role. Directors in an operational or remunerated position generally need an Employment Visa, while non-executive or advisory directors may only need a Business Visa. Anyone staying in India beyond the permitted period must also register with the FRRO (Foreigners Regional Registration Office).

Question 18

Can AU Corporate provide support after incorporation?

Accepted Answer

Yes. The same team can support accounting, tax, payroll, FEMA, compliance and practical business operations after setup.

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