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Indian Subsidary Company Registration

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Indian Subsidiary Company Registration

Many foreign investors are eager to enter the Indian market due to its abundant opportunities in the rapidly growing business landscape. Any foreign national, except citizens of Pakistan and Bangladesh or entities established and operating outside India, can invest in the Indian market and establish their own subsidiary company in India by acquiring shares in accordance with India’s Foreign Direct Investment (FDI) policy. Before embarking on the Indian Subsidiary Company Registration process, it’s essential for a business entity to have at least one Indian Director, who must be a resident of India, and one Foreign Director, which is a prerequisite for forming an Indian Subsidiary Company.

      Indian Subsidiary Company Registration


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      A subsidiary company is often referred to as a sister company, with the parent company or holding company having control over it, either partially or completely.

      The Indian Subsidiary Company Registration process is governed by the Companies Act of 2013. According to this act, a subsidiary company can be defined as a company in which a foreign corporate body or parent body holds a minimum of 50% of the entire share capital. The parent company wields significant influence over the subsidiary company. It is imperative for a subsidiary company to comply with the laws of the nation in which it is established or intends to establish itself. Therefore, if a subsidiary company is established in India, it must adhere to Indian laws and regulations.

      It is important to note that a subsidiary company of a foreign parent company is considered a distinct legal entity, and the subsidiary company is obligated to operate in accordance with the regulations of the country in which it is situated. Business entities can register an Indian subsidiary company as either a private limited company or a public limited company.

      1. A private limited organization is not open to the general public and enjoys certain advantages provided by the Companies Act of 2013.
      2. A public limited company is one in which the public holds an interest, and it is subject to various rules and regulations stipulated by the Companies Act of 2013.

      This choice between private and public limited companies offers businesses flexibility in determining their operational and regulatory framework within the Indian market.

      Why Should I Use Corporate Genie For Indian Subsidiary Company Registration?

      Corporate Genie has a team of registration experts who can provide complete guidance to register your Indian Subsidiary Company Registration!

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      Benefits of Indian Subsidiary Company Registration

      Brings Foreign Direct Investment
      Scope of Expansion
      Limited Liability
      Borrow Funds
      Perpetual Succession
      Sue and Sued
      Obtain Property In India
      Save Time and Hassle. Apply for Indian Subsidiary Company Registration!

        Documents Required for Indian Subsidiary Company Registration

        Indian National

        PAN Card information
        Address Proof
        Identity Proof such as Aadhaar Card, Driving License, Voter Id

        Foreign National

        Passport
        Address Proof (Indian Consulate must certify the document)
        Identity Proof (Indian Consulate must certify the document)

        Other Crucial Documents

        Directors Identification Number (DIN)
        Digital Signature Certificate (DSC)
        Memorandum of Association (MOA) and Article of Association (AOA)
        No Objection Certificate from the person who owns the property of business place
        Certificate of Incorporation granted by the foreign government
        Residential Proof

        Annual Compliances of Indian Subsidiary Company

        Compliances with Companies Act,2013

        Compliances with Income Tax Act, 1961

        Guidelines with MCA

        FEMA Guidelines

        Annual Return with the ROC

        Income Tax Return

        Filing with the RBI

        Filing with the SEBI

        FAQ

        There are certain obligation which need to be fulfilled i.e.

        The main objective should be for charitable purpose.

        Minimum 2 members should subscribe to capital on incorporations.

        There should be minimum 2 directors in the company, one of which must be Indian citizen and resident.
        The Indian Subsidiary Company Registration is popularly known as NGO. It is to be noted that NGOs can be registered as other business structure like trust, society, etc.
        The promoters shall apply in e-form INC-12 for the approval of Central Government. The form is accompanied with MoA – AoA of the company, declarations from promoters, estimated statement of income & expenditure for next three years, etc.
        Yes a Indian Subsidiary Company Registration can take loan from its members and pay interest thereupon, subject to the provisions of Chapter V of the Act read with rules made thereunder.

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