USA–India focus

Company Registration in India from the USA

Planning company registration 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.

Documents for company registration in India from the USA: 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.

Entry structures for company registration in India from the USA

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.

See our complete guide to the resident director requirement for how it works, what it costs, and the three ways foreign companies typically satisfy it.

Once your subsidiary is running, two further annual filings apply on top of standard RoC compliance: the FLA Return to the RBI, and — if your Indian company transacts with its US parent, such as management fees or intercompany charges — Form 3CEB transfer pricing documentation. See our guide to FLA Return and transfer pricing compliance for the deadlines and what each actually requires.

For the full document checklist and how India's FDI automatic-vs-government-approval route split works by sector, see our step-by-step incorporation guide.

Company registration process in India from the USA, step by step

For a subsidiary, incorporation typically follows this sequence:

Obtain a Digital Signature Certificate (DSC) and Director Identification Number (DIN) for your directors.
Reserve your company name with the Ministry of Corporate Affairs.
Prepare and apostille the required US director and shareholder documents.
File the SPICe+ incorporation form and supporting documents.
Complete post-incorporation steps — 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. For the full walkthrough — DSC, DIN, SPICe+ filing and what happens after your Certificate of Incorporation — see our step-by-step incorporation guide.

FAQs: company registration in India from the USA

Do I need to travel to India for company registration in India from the USA? No — incorporation can be completed remotely. Company registration in India from the USA is done with documents apostilled in the US and filings handled by your India-based team, with no travel required for the standard subsidiary route.

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

Is there a minimum capital requirement? No. India abolished the minimum paid-up capital requirement for private limited companies years ago, so company registration in India from the USA can start with any authorised capital amount your business plan calls for.

How long does company registration in India from the USA take? Typically around 10–15 working days once your US director and shareholder documents are apostilled and ready, covering DSC and DIN issuance, name approval and SPICe+ processing — though name-approval or document queries can extend this.

How much does company registration in India from the USA cost? The MCA government filing fee for the SPICe+ incorporation form itself is nil for authorised capital up to ₹15 lakh — which covers most new subsidiaries outright — under Schedule I of the Companies (Registration Offices and Fees) Rules, 2014. On top of that, state stamp duty applies and varies depending on which Indian state you register your office in, plus DSC, apostille and professional fees. We quote a fixed total once we know your structure and registered office state.

Explore other markets

AU Corporate publishes dedicated guides for businesses entering India from other markets, and a full introduction to our team on the About AU Corporate page.

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