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Indian Subsidiary Company Registration

APPLY FOR INDIAN SUBSIDIARY COMPANY REGISTRATION | 100% EASY PROCESS

Legal Unison offers the lowest fees for registering your startup company as a indian subsidiary company. Legal Unison is a registered MSME in India. Our seasoned (10+ years) CA/CS will draft and complete all documentation on the same day

Apply Indian Subsidiary Company Registration

Get free consultation by the expert.fill the below form.

Overview
An Indian subsidiary company is a company that is registered and operates in India, but is ultimately owned by a foreign company or entity. This foreign company is typically known as the parent company or holding company, and it holds a controlling stake in the Indian subsidiary.
Indian subsidiary companies are often set up as a way for foreign companies to enter the Indian market or expand their operations in the country. The subsidiary company operates as a separate legal entity and is subject to Indian laws and regulations.
The subsidiary company can take various legal forms, such as a private limited company, a public limited company, or a branch office. The choice of legal form depends on various factors, including the size of the business, the level of control desired by the parent company, and the amount of capital required.
One of the advantages of setting up an Indian subsidiary company is that it allows foreign companies to tap into the Indian market without the need to establish a wholly-owned subsidiary. This can help to reduce costs and risks associated with entering a new market. Additionally, an Indian subsidiary company can benefit from the favorable business climate and government policies in India, which are designed to attract foreign investment.
However, setting up an Indian subsidiary company can also be a complex process that requires careful planning and compliance with Indian laws and regulations. It is important to work with experienced legal and financial advisors to ensure that the process goes smoothly and that the subsidiary is set up in a way that maximizes its chances for success.

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To establish a subsidiary company in India, the following eligibility criteria must be met:
Corporate Entity: A subsidiary company in India can only be set up as a private limited company, public limited company or a one-person company (OPC).
Share Capital: The minimum authorized share capital for a subsidiary company is INR 1 Lakh. However, there is no minimum limit for paid-up share capital.
Directors: A subsidiary company in India must have a minimum of two directors, and at least one director must be an Indian resident. The maximum number of directors allowed is 15.
Shareholders: A subsidiary company in India can have a minimum of two shareholders, and the maximum limit is 200 shareholders.
Name Approval: The name of the subsidiary company must be unique and not similar to any existing company or trademark in India. The name must also comply with the Companies Act, 2013.
Registered Office: The subsidiary company must have a registered office in India from the date of its incorporation.
Compliance: The subsidiary company must comply with all the applicable laws and regulations in India, including the Companies Act, 2013, and other related rules and regulations.
Foreign Direct Investment (FDI): If the subsidiary company is engaged in certain sectors, such as defense, telecommunications, and broadcasting, it may require prior approval from the Government of India for FDI.
Taxation: The subsidiary company must comply with Indian tax laws and regulations and pay taxes on its income.
Legal Documentation: The subsidiary company must complete all the legal documentation required for incorporation, such as Memorandum of Association (MOA), Articles of Association (AOA), and other necessary documents.

Advantages of Becoming Indian Subsidiary Company Registration

Important Points For Indian Subsidiary Company Registration

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Form FC-1 under Section 380:

The FC-1 form is important as the form has to be filed within thirty days of the incorporation of the subsidiary company in India. The form is not to be submitted alone, it must be accompanied by the required files, certifications etc. from other regulatory bodies in India such as the RBI.

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Form FC-3 under Section 380

This form needs to be submitted to the respective Registrar of Companies (ROC) depending upon where the company is incorporated in India. The form must contain the details of the areas where the business is going to conduct operations as well as the financial records of the company.

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Form FC-4 under Section 381:

This form is concerned with the annual returns of the company. It has to be filed within sixty days from the end of the preceding financial year.

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Financial statements:

The company has to submit financial statements on its Indian business and operations. This must be submitted within six months of the end of the financial year. They must contain: – Statements on the transfer of funds – Statements of earnings repatriated – Statements on related party transactions such as statements on sales, transfer of property, purchases etc.

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Audit of accounts:

All accounts of the foreign subsidiary company must be audited by a Practising Chartered Accountant. These accounts should be properly arranged and made available by the company for the audit

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Authentication and translation of documents:

All the documents that are submitted by the company to the ROC must be validated by a practising lawyer in India. These documents also need to be translated into English before its validation and submission..

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Periodic Compliances:

Periodic compliances are compliances that have to be met by the company on a periodic basis. Unlike annual compliances, this type of compliance happens in regular intervals multiple times a year. These compliances may need to be met on a quarterly or a half-yearly basis.

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Annual Compliances:

Annual compliances are compliance that needs to be met once every year. Every year the company has to meet these compliances mandatorily. For example, the company has to do the following every year: – GST filings – TDS filings under the Income Tax Act – Compliances under RBI – Compliances under SEBI’s rules and regulations – Annual Financial Statements

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Event-based Compliances:

There are two event-based compliances under the RBI regulations and FEMA guidelines, they are:

  • FC-TRS: This concerns the transfer of foreign subsidiary company’s shares between an Indian resident to a non-resident investor or vice-versa. Such a transfer may be done by way of sale or gift. The Foreign Direct Investment policies require that such a transaction should be reported within sixty days from the date of the transfer. The obligation of filing this form rests upon the Indian resident, or the investee company as the case may be. This is regardless of whether the Indian resident is the transferer or the transferee.
  • FC-GPR: This is concerning the remittance received by the shareholders of a foreign subsidiary company. The form specifies the mode of transfer of the remittance by the company to its shareholders.

DOCUMENTS REQUIRED

Vision

For foreign national Director 

  • Passport
  • Driving license
  • Identity proof (of the country they are staying in)
For Indian Director 
  • PAN Card
  • Aadhar card
  • Any utility bill
Note:- In case, any other documents required we will inform you.

PRICING PLAN

STANDARD
Govt. Fee Excluded

Rs.21999

  • Company Incorporation
  • 2 Digital Signature Certificates
  • 2 Director Identification Number
  • PAN & TAN
  • MOA & AOA
  • GST Registration
  • ESI and PF registration

PREMIUM
Govt. Fee Excluded

Rs.37999

  • Company Incorporation
  • 2 Digital Signature Certificates
  • 2 Director Identification Number
  • PAN & TAN
  • MOA & AOA
  • GST Registration
  • ESI and PF registration
  • INC-20A 
  • DIR-3 Director KYC
  • Filing of FC-GPR
  • Filing of Form INC 22
  • MCA Annual  Return  Filing
  • Appointment of the Auditor

PLATINNUM
Govt. Fee Excluded

Rs.49999

  • Company Incorporation
  • 2 Digital Signature Certificates
  • 2 Director Identification Number
  • PAN & TAN
  • MOA & AOA
  • GST Registration
  • ESI and PF registration
  • INC-20A 
  • DIR-3 Director KYC
  • Filing of FC-GPR
  • Filing of Form INC 22
  • MCA Annual  Return  Filing
  • Appointment of the Auditor
  • 12 month GST return filings
  • 1Trademark filing

OUR PROCESS

  1. Fill the Easy form & Make the payment

  2. Get the Call from Expert 

  3. Create the DSC and submit the name Approval

  4. Prepare all documents and submit on Govt. portal

  5. Congratulations! Your Indian Subsidiary Company is registered successfully

FAQ

  • Q1.What is a subsidiary company?

    A subsidiary company is a company that is controlled by another company, which is usually referred to as the parent company. In the case of an Indian subsidiary company, the parent company is located outside India.

  • Q1.How is a subsidiary company established in India?

    A subsidiary company can be established in India by registering with the Registrar of Companies (ROC) under the Companies Act, 2013. The process involves obtaining a Digital Signature Certificate (DSC) and Director Identification Number (DIN), as well as submitting the required documents

  • Q1.What are the advantages of setting up a subsidiary company in India?

    Setting up a subsidiary company in India can provide several advantages, including access to a large and growing market, a skilled workforce, and a business-friendly environment. Additionally, India offers various tax incentives and subsidies for foreign companies.

  • Q1.What are the compliance requirements for a subsidiary company in India?

    A subsidiary company in India must comply with various regulations and laws, such as the Companies Act, 2013, the Foreign Exchange Management Act (FEMA), and the Income Tax Act. Compliance requirements include maintaining proper books of accounts, filing annual returns with the ROC, and obtaining necessary licenses and permits.

  • Q1.What are the tax implications for a subsidiary company in India?

    A subsidiary company in India is subject to various taxes, such as corporate income tax, goods and services tax (GST), and withholding tax on payments made to foreign entities. The tax rate and compliance requirements depend on various factors such as the nature of the business and the amount of revenue generated.

  • Q1.Can a subsidiary company in India repatriate profits to its parent company?

    Yes, a subsidiary company in India can repatriate profits to its parent company subject to certain conditions and regulations, such as obtaining necessary approvals from the Reserve Bank of India (RBI) and complying with transfer pricing regulations.

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