In this blog, we’ll discuss the procedure for Incorporation as well as setting up of a wholly-owned subsidiary company in Indiahttps://wazzeer.com/blog/incorporate-wholly-owned-subsidiary-of-foreign-company-in-india-in-easy-steps/
Incorporate Wholly Owned Subsidiary Of Foreign Company In India In Easy Steps
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| Here is the complete step-by-step process: 1. Structure: A WOS of a foreign company in India is typically incorporated as a Private Limited Company under the Companies Act, 2013. The foreign parent holds 100% shares. 2. Pre-Incorporation Requirements: - At least 2 directors (at least 1 must be resident in India — stayed in India for 182+ days in previous calendar year) - At least 1 shareholder (can be the foreign company itself) - Registered office address in India - DIN for all directors 3. Step-by-Step: Step 1: Obtain DSC (Digital Signature Certificate) for all proposed directors Step 2: Apply for DIN (Director Identification Number) if not already available — via SPICe+ Form Step 3: Name approval via MCA portal — RUN (Reserve Unique Name) or directly in SPICe+ Step 4: File SPICe+ Form (INC-32) — includes MoA (INC-33), AoA (INC-34), AGILE-PRO (for GST, EPFO, ESIC, bank account) in one integrated form Step 5: ROC issues Certificate of Incorporation with CIN 4. FEMA Compliance (Critical): - Foreign investment must comply with FDI Policy and FEMA regulations - File FC-GPR (Foreign Currency Gross Provisional Return) within 30 days of allotment of shares to the foreign parent - Report in Annual Performance Report (APR) every year thereafter 5. Authorised Capital: No minimum paid-up capital required, but ensure authorised capital is adequate for planned investment. 6. Documents from Foreign Parent: Board resolution authorising investment, address proof and identity of foreign company — all apostilled/notarised from country of origin. |
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