Company Registration in India from the USA

Planning to register a company in India from the USA? This guide covers why US businesses are entering India now, what the US–India Apostille arrangement means for your paperwork, the entry structures available to you, and the practical steps involved in incorporation.

Why US businesses are entering India

In February 2026, the United States and India announced a trade deal that lowers the US reciprocal tariff on Indian goods from 25% to 18%, alongside a broader US–India Bilateral Trade Agreement under negotiation since February 2025, with full ratification expected around Q3 2026. Combined with India's scale, talent pool and expanding industrial base, this evolving trade relationship is prompting more US companies to establish a direct presence in India rather than operate at arm's length. Note that this agreement is still developing — the specific terms that apply to your sector are worth confirming closer to the time you plan to enter.

Apostille, not embassy legalisation

Both the United States and India are members of the Hague Apostille Convention (India's implementation has applied since 2007). In practice, this means documents executed in the US for Indian company registration — identity documents, board resolutions, powers of attorney — generally only need an apostille from the relevant US Secretary of State, rather than the more time-consuming embassy legalisation process required for non-member countries.

Choosing your entry structure

Most US companies choose a wholly owned subsidiary — a separate Indian company that gives you full operational control and can trade, hire and generate revenue directly. A Branch Office extends your existing US company into India for permitted activities such as consultancy, export/import or IT and software services, without incorporating a new entity. A Liaison Office suits businesses that only need a representative presence, for market research or coordinating with Indian partners, without conducting commercial activity. We help you work through which structure actually fits your plans, rather than defaulting to one.

One requirement that catches many US boards by surprise: under Section 149(3) of the Companies Act, 2013, every Indian company — including a wholly owned subsidiary with 100% US shareholding — needs at least one director who is resident in India for 182 days or more in the financial year, even if the rest of the board is entirely US-based. If your directors will only visit occasionally, this is usually addressed with a professional resident director alongside your own board.

The registration process, step by step

For a subsidiary, incorporation typically involves obtaining a Digital Signature Certificate (DSC) and Director Identification Number (DIN) for your directors, reserving your company name with the Ministry of Corporate Affairs, preparing and apostilling the required US director and shareholder documents, filing incorporation documents, and completing post-incorporation steps such as PAN, TAN, a bank account and any applicable GST registration. Branch, Liaison and Project Offices instead go through an RBI-authorised bank rather than the MCA.

Common questions from US businesses

Do I need to travel to India to incorporate? No — incorporation can be completed remotely, with documents apostilled in the US and filings handled by your India-based team.

Can profits be repatriated back to the US? Yes. Dividends are freely repatriable once withholding tax is deducted, and the US–India tax treaty can reduce the applicable rate.