Foreign Subsidiary Company Registration in India
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Introduction to Foreign Subsidiary Company
Updated on December 31, 2022 04:39:28 PM
If you’re considering expanding your company’s reach across borders, setting up a subsidiary company in India could be a great option. A foreign subsidiary company allows a business to expand its operations into foreign territories without restrictions from its country of origin.
Registering a foreign subsidiary company in India can be a complex process, and it may require taxvilla assistance. Taxvilla fees and government fees will apply, as per the guidelines issued by Indian authorities.
Details | Foreign Subsidiary Company Incorporation |
---|---|
Cost of Foreign Subsidiary Registration | $399 |
Time taken to Register Online | 7-15 days |
Documents Required | – Passport (Foreign Director) |
– Adhar Card | |
– Driving License | |
– PAN Card / DIN (Directors Identification Number) | |
– Email address and Mobile Number | |
– Utility bills (e.g., electricity bill, broadband bills, etc.) | |
– Latest Bank statements (not older than 2 months) | |
– Rent agreement | |
– Obtain No objection certificate (NOC) | |
Registration Process | – Creation of DSC |
– Apply for Unique Name | |
– Filing of SPICe Form, MoA, AoA | |
– Issuance of incorporation Certificate | |
– File Regulatory compliances | |
Mode of Application | Online Application |
What is a Foreign Subsidiary Company Registration?
Incorporation of a foreign subsidiary company means registering a subsidiary company in India which is already registered outside India. A subsidiary company can be registered as a public company or a private company in India.
A subsidiary company has to abide by the rules and regulations of the country in which it is incorporated and not operate according to the rules of its parent company. The subsidiary company is also known as a child company.
A foreign subsidiary company is any company that can be fully owned or partially owned which means that the parent company can hold 50% or more shares in the subsidiary which is registered in another country.
Minimum Requirements for Subsidiary Company Registration in India
The minimum requirements for Subsidiary company registration in India are:
Choose a right Business Structure
Two Directors(one must be Indian)
Register a Company in India(Private Limited or Public Limited)
Obtain Necessary Approvals from Govt
Open a Bank Account
Meet Taxation Requirements
Register of other Regulatory Compliances
How to Register a Foreign Subsidiary Company in India?
The second step in registering a subsidiary company is to obtain Director Identification Number(DIN) and Digital Signature Certificate(DSC) for the proposed directors. A DIN is a unique number allocated to every director in every company in India and for this purpose Form DIR-3 has to be filed. A DSC is an electronic signature of directors which is used to file online documents with MCA.
The first step in registration of a subsidiary company is to choose a unique name that is not similar to any other existing company in India. The chosen name should comply with the guidelines issued by the MCA. Check your Name availability tool to choose a unique company name.
The third step is to file Incorporation documents for Foreign Subsidiary companies with the Ministry of Corporate Affairs. Incorporation documents include Article of Association(AoA) and Memorandum of Association(MoA), and other forms such as appointment of director, shareholders details, Application for PAN, TAN etc.
After all the documents and forms are filed with the authority, wait for a few days for the documents to be reviewed by the Ministry of Corporate Affairs. Once the documents are reviewed and approved, the applicant will receive a certificate of incorporation, which will be a valid proof that the subsidiary company is successfully registered in India.
After following all the aforementioned steps, it is necessary to open a bank account with the name of the company and register for mandatory taxation and other regulatory compliances in India. The regulatory compliances will include Income Tax Act, FDI compliances, FEMA guidelines by RBI and SEBI.
Fees for Subsidiary Company Registration
Foreign Subsidiary Company Registration Fees | Amount |
---|---|
Documents Processing Fee | $20 |
Government Fee (Stamp Duty) | $280 |
Professional fee | $99 |
Total Cost | $399 |
Note: The subsidiary registration fees cover the creation of DSC (for 2 directors), PAN and TAN, name approval, drafting of required forms, incorporation certificate, and professional attorney fees. The registration cost may vary if the number of members or the value of Authorized Capital is changed.
Documents Required for Incorporating a Foreign Subsidiary Company in India
The essential documents required for registering a Foreign Subsidiary company in India are:
- Passport(for foreign Nationals)
- Aadhar Card or PAN Card( for Indian Residents).
- Passport size photograph
- DSC(Digital Signature Certificate)
- DIN(Director’s Identification Number)
- MoA(Memorandum of Association)
- AoA(Articles of Association)
- Proof of Registered Office