An Indian Subsidiary Company is a company incorporated in India by a foreign company, where the foreign entity holds more than 50% of the share capital. It operates as a private limited or public limited company and is governed by the Companies Act, 2013. An Indian subsidiary enjoys the same benefits as a domestic company, including limited liability, separate legal identity, and access to the Indian market. This structure is ideal for foreign businesses looking to expand their operations in India.
To register an Indian Subsidiary Company, the following documents are required:
For Foreign Parent Company:
• Certificate of Incorporation
• Memorandum of Association (MOA) and Articles of Association (AOA)
• Board Resolution authorizing the incorporation of the subsidiary in India
• Identity and address proof of the authorized representative
• Notarized and apostilled documents (as per Indian regulations)
For Indian Directors and Shareholders:
• PAN Card (mandatory for Indian residents)
• Aadhaar Card or Passport (as identity proof)
• Voter ID or Driving License (as additional identity proof)
• Bank Statement or Utility Bill (as address proof)
For Registered Office Address:
• Electricity Bill or Property Tax Receipt (not older than two months)
• Rent Agreement and No Objection Certificate (NOC) from the property owner (if rented)
The process of registering an Indian Subsidiary Company includes the following steps:
1. Obtain Digital Signature Certificate (DSC)
The proposed directors must obtain DSC for online filing of documents.
2. Apply for Director Identification Number (DIN)
DIN is mandatory for the directors of the subsidiary.
3. Reserve the Company Name with RUN (Reserve Unique Name) Service
The proposed name must be unique and approved by the Ministry of Corporate Affairs (MCA).
4. Filing of Incorporation Documents via SPICe+ Form
The application includes MOA, AOA, and other incorporation-related forms.
5. Obtain Foreign Investment Approval (if applicable)
Depending on the business sector, approval from the Reserve Bank of India (RBI) or the Department for Promotion of Industry and Internal Trade (DPIIT) may be required.
6. PAN and TAN Application
Once the company is incorporated, PAN and TAN are issued for tax compliance.
7. Opening a Bank Account
The subsidiary must open a bank account in India to conduct business transactions.
Vakil360 offers complete assistance in registering an Indian Subsidiary Company with:
• Expert Consultation: Guidance on foreign investment regulations and compliance.
• End-to-End Registration Support: From document preparation to final incorporation.
• Faster Processing: Quick approvals and hassle-free documentation.
• Legal and Tax Compliance: Assistance with FEMA, RBI, and Income Tax regulations.
• Post-Incorporation Services: Support with GST registration, FDI reporting, and annual compliance filings.
