Foreign Company Registration
To establish a foreign company in India, you must follow a specific legal and regulatory process.
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Overview of Foreign Company Registration in India
To establish a foreign company in India, you must follow a specific legal and regulatory process. Foreign entities have several options for setting up their presence, such as incorporating a subsidiary or opening a branch or liaison office, each with its own unique requirements and legal implications.
Critical Aspects of Foreign Company Registration in India:
Starting a business in India gives foreign companies a chance to tap into one of the worlds largest and most dynamic markets. While the process involves legal steps and paperwork, having the right support makes it much easier. From choosing the right setup to following government rules, proper planning helps ensure a smooth entry into the Indian business landscape.
Foreign Company Registration Number (FCRN) is a unique number given to a foreign company when it registers its business in India.
Just like Indian companies get a CIN (Corporate Identification Number), foreign companies get an FCRN from the ROC. It helps the government keep track of foreign companies operating in India.
In India, a company is considered a foreign company if it is incorporated outside India but has a place of business or carries out business activities within India, either directly or through an agent. This includes both physical and electronic operations, as per Section 2(42) of the Companies Act, 2013.
Eligibility Criteria
All registered entities requiring this service
Documents Required
Registration Process
1. Choose a Business Structure
Foreign companies can register as a Private Limited Company , a Wholly Owned Subsidiary (WOS), a Branch Office, a Liaison Office, or a Project Office. A Private Limited Company or WOS offers greater flexibility and control for foreign direct investment.
2. Obtain Digital Signature Certificate (DSC)
DSC is mandatory for all online filings with the MCA. Directors and authorized signatories, including foreign directors, need to obtain DSCs from authorized certifying agencies.
3. Apply for Director Identification Number (DIN)
All directors, including foreign directors, need to obtain a DIN . The DIN application is typically filed along with the SPICe+ form or through a separate application on the MCA portal.
4. Reserve a Company Name
Use the MCAs RUN (Reserve Unique Name) service to check for and reserve a unique company name. Ensure the chosen name is not identical or deceptively similar to an existing registered company or trademark.
5. Draft Incorporation Documents
Note: If incorporation documents are signed outside India, they must be notarized and either apostilled (if the country is a Hague Convention member) or consularized (if not).
6. File the SPICe+ Form
The SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) is the primary integrated web form for company incorporation. It consolidates multiple services like name reservation, incorporation, DIN application, and PAN/TAN application. File the SPICe+ form along with the MoA, AoA, and other required documents through the MCA portal.
7. Pay Registration Fees and Stamp Duty
Pay the applicable registration fees and stamp duty based on the companys authorized capital.
8. Obtain Certificate of Incorporation (COI)
Once the RoC verifies the documents and form, it will issue the Certificate of Incorporation . The COI also includes the companys PAN and TAN.
Fees & Charges
| Fee Component | Amount |
|---|---|
| 1. Government Fees | MCA fee for reserving a company name |
| Digital Signature Certificate (DSC) | Required for directors/signatories |
| Director Identification Number (DIN) | One-time fee |
| SPICe+ Incorporation Form | Varies with authorized capital |
| Stamp Duty | State-specific and capital-based |
| PAN and TAN Allotment | Often bundled in an incorporation package |
| 2. Professional Fees | Varies with firm and service scope |
| Branch/Liaison Office Setup | Slightly lower than a Pvt Ltd setup |
| Post-Incorporation Support | Includes GST, PF, ESI, etc. registrations |
| 3. Licenses & Registrations | Free government process; professional help charged |
| Shop & Establishment License | Varies by state |
| FSSAI License | For food businesses |
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