Get your Foreign
Business Registration in

India has emerged as a booming economy and an attractive destination for international investment. Whether it’s for expanding operations, reaching a larger customer base, or tapping into one of the world’s fastest-growing markets, foreign companies in India are on the rise. If you’re wondering how to register a company in India as a foreign entity, Bright Advis simplifies the process of foreign company registration in India to help you enter the Indian market smoothly and compliantly.

What is a Foreign Company under Section 2(42) of Companies Act, 2013?

Understanding the foreign company is essential to begin the registration process. As per Section 2(42) of Companies Act 2013:

A foreign company refers to any company or corporate body incorporated outside India which:

– Has a place of business in India, whether by itself or through an agent, physically or through electronic means, and
– Conducts any business activity in India in any manner.

This legal definition lays the groundwork for what type of company qualifies for foreign registration in India. Section 381 also outlines provisions for delivering documents to the Registrar of Companies (RoC).

Business Structures Available for Foreign Companies in India

Foreign companies can operate under different structures:

1. Wholly Owned Subsidiary (WOS)

– 100% shares held by the foreign parent company
– Suitable for full control over operations
– Example: Amazon India (wholly-owned subsidiary of Amazon.com, Inc.)

2. Joint Venture (JV)

– Collaboration with an Indian company
– Shared management, capital, and profit
– Example: Maruti Suzuki (joint venture between Suzuki Motor Corporation and Indian government)

3. Branch Office

– Allows for import/export, consultancy, R&D, etc.
– Cannot carry out retail trading or manufacturing
– Example: HSBC Bank

4. Liaison Office

– Acts as a communication channel
– No commercial activity allowed
– Common for foreign IT companies for market research

5. Project Office

– Established for specific, time-bound projects
– Temporary in nature
– Common in foreign construction companies

Our experts at Bright Advis help you identify the best structure for your specific case.

Documents Required for Foreign Company Registration in India

To register, you’ll need:

– Certificate of Incorporation and MoA & AoA
– Board resolution authorizing registration
– Power of Attorney for Indian representatives
– Identity and address proof of directors
– Passport and photographs of authorized individuals
Note: All documents must be notarized and apostilled by the Indian Embassy.

Process of Foreign Company Registration in India

Here’s how to register a foreign company in India:

Step 1: Digital Signature Certificate (DSC)
– Obtain DSC from MCA for directors and signatories

Step 2: Name Approval (RUN Form)
– File RUN form with RoC to reserve your company name

Step 3: SPICe+ Form
– File SPICe+ Part A and B for incorporation and statutory registrations

Step 4: Certificate of Incorporation
– RoC issues the certificate after approval

Step 5: PAN, TAN & Bank Account
– Apply for PAN, TAN and open a bank account

Bright Advis offers end-to-end assistance throughout this process.

Why Foreign Companies in India Need to Be Registered Properly

Proper registration helps:

– Avoid legal disputes and penalties
– Build investor and customer trust
– Comply with FEMA, RBI, and tax laws
– Facilitate smooth business operations

RBI and FEMA Compliance

After registration, companies must:

– File Form FC-GPR and FC-TRS
– Report foreign investments to RBI
– File annual return on foreign liabilities (FLA)
– Adhere to sector-specific guidelines
– Get RBI approval for certain activities

Non-compliance can lead to penalties and restrictions.

Taxation Framework for Foreign Companies

Key tax considerations:

– Corporate Tax: 40% + surcharge + cess
– Transfer Pricing for related-party transactions
– DTAA available with over 90 countries
– GST registration for taxable goods/services
– Tax rules vary by FDI route and sector

Benefits of Foreign Company Registration in India

– Access to a vast consumer market
– Business-friendly reforms
– Enhanced brand image and trust
– Entry to other Asian markets
– Skilled labor at competitive cost
– Opportunity for high growth and profitability

Challenges Faced by Foreign Companies in India

– Complex regulations
– Constant changes in laws
– Language and cultural barriers
– Bureaucratic delays

Bright Advis helps navigate these challenges with local expertise.

Post-Incorporation Compliance

After registration, companies must:

– File annual RoC forms (FC-3, FC-4)
– File income tax returns
– Maintain statutory registers
– Submit FCGPR and FLA forms
– Renew licenses and permissions

FAQs on Foreign Company Registration in India

Q1: Can a foreign national be a director?
– Yes, with DIN, DSC, and compliance under Companies Act.

Q2: How long does registration take?
– Around 15-25 working days, depending on approvals.

Q3: Is 100% FDI allowed in all sectors?
– No, some sectors require government approval.

Q4: Is GST registration required?
– Yes, if supplying taxable goods or services.

Q5: What RBI filings are required?
– FCGPR, FC-TRS, FLA returns.

Register Your Foreign Company in India with Bright Advis

At Bright Advis, we specialize in foreign company registration and provide:

– Free consultation for choosing the right structure
– Documentation and RoC filing assistance
– RBI, FEMA, and tax compliance
– PAN, TAN, GST and bank account setup
– Post-registration compliance and advisory

Streamline Your Foreign Company Setup with Bright Advis

Registering a foreign company in India requires legal precision and local expertise. Bright Advis ensures a smooth setup so you can focus on growth.

Contact us today and take the first step toward expanding in India – the land of opportunity.