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Timeline for Indian Subsidiary Registration Online

The timeline for Indian subsidiary registration online typically takes 12 to 15 days. However, the same may vary from case to case.

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2 to 4 days

Unique Name Registration

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5 days to 7 days

Documentation

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8 days to 15 days

Subsidiary Company Registration

Understanding Indian Subsidiary Company Registration

Are you looking to expand your parent company in India? Register your Indian subsidiary to legally establish your business and tap into one of the world’s largest economies. Gain access to various benefits offered by the Government of India with successful Indian subsidiary company registration.

The Indian subsidiary company registration process is simple, fully online, and hassle-free. A subsidiary company is controlled by its parent company, which holds the majority of its shares and exercises significant control.

At Corpfilings, we specialize in providing business consulting and compliance management solutions for Indian Subsidiary Registration- ensuring a seamless and efficient process for your business expansion.

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What are the Types of Indian Subsidiary Company Registration?

Given below are the types of Indian subsidiary company registration-

Wholly Owned Subsidiary

A Wholly Owned Subsidiary Company is a type of company where a parent company owns 100% of its shares, giving it complete control. It can only be established in sectors that permit 100% Foreign Direct Investment (FDI).

Partially Owned Subsidiary

In this type of subsidiary company, the parent company owns more than 50% but less than 100% of shares, giving it significant control. However, minority shareholders also have a say in decision-making, ensuring a balance between control and collaboration.

Operational Subsidiary

An Operational Subsidiary is an active business unit that manages specific tasks or sectors for the parent company. Its primary role is to enhance efficiency and optimize resource allocation while focusing on core business operations.

Strategic Subsidiary

A Strategic Subsidiary is established to explore new markets or business areas. It helps companies expand geographically or diversify their offerings, often serving as a key driver of growth and innovation.

Foreign Subsidiary

A Foreign Subsidiary is a company established in another country, operating under local laws and regulations. It helps businesses expand their customer base while navigating different legal and economic environments.

Joint Venture Subsidiary

A Joint Venture Subsidiary is owned by two or more companies, sharing resources, expertise, and profits. This collaboration creates a strategic partnership aimed at achieving mutual business goals while reducing risks in new markets or industries.

Indian Subsidiary Company Registration Made Easy!

Expand legally, access benefits, and enter India’s booming market effortlessly with Indian subsidiary company registration. Corpfilings ensures a quick and easy entry into the Indian market and helps entrepreneurs manage their business ventures without any stress.

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Benefits of Indian Subsidiary Registration

The list of benefits of Indian subsidiary registration is as follows:

Entry into the Indian Market

India is a rapidly growing economy that offers numerous investment opportunities, attracting foreign entrepreneurs to set up subsidiary companies in the country.

Foreign Direct Investment (FDI) in India

Foreign Direct Investment (FDI) in India involves foreign companies investing in Indian private organizations through share subscriptions or acquisitions. In 2020, the Indian government made prior approval mandatory for investments from countries sharing a border with India. This regulation, along with India's growing economy, makes the country an attractive destination for subsidiary registration by foreign investors worldwide.

Perpetual Succession

Regardless of any changes in the company's management, such as transfer of membership or insolvency, a subsidiary company continues to operate seamlessly due to the principle of perpetual succession. It is one of the significant benefits of Indian subsidiary registration.

Limited Liability

Registering a subsidiary company provides a significant advantage that encourages individuals to choose a company formation. It safeguards the personal assets of shareholders and directors. Here, the company bears its own responsibility for its debts to third parties, thus protecting the personal assets of its stakeholders.

Scope of Diversification

Establishing a subsidiary company in India offers a strategic opportunity for foreign businesses to expand operations and contribute to the country's economic growth. It also introduces a diverse range of goods and services, fostering healthy competition in the market.

Separate Legal Identity

Companies registered under the Companies Act, 2013, are legally recognized as separate entities, distinct from their shareholders and directors. This legal status allows them to enter into agreements, initiate legal actions, and respond to allegations before the judicial system in accordance with Indian law.

Property Ownership and Rental

As a separate legal entity, a subsidiary company in India can purchase or rent properties for business operations. To prevent potential conflicts among company members, it is advisable to acquire properties in the company's name, ensuring alignment with the principle of perpetual succession.

Regulatory Authorities for Indian Subsidiary Registration

The list of regulatory authorities for Indian subsidiary registration are as follows:

The Ministry of Corporate Affairs (MCA)

Its main responsibility is to govern and formulate the comprehensive framework for company formation rules and regulations.

The Registrar of Companies (ROC)

The Registrar of Companies (ROC) is responsible for managing the procedural intricacies involved in the company incorporation.

The Reserve Bank of India

The Reserve Bank of India is responsible for regulating a foreign currency in aspects to Indian subsidiary companies.

Requirements for Subsidiary Company Registration in India

The key requirements for subsidiary company registration in India are as follows:

Company Name

The name of the company must be unique and distinct from the existing names of the businesses.

Shareholders

A foreign company can own 100% of the shares in an Indian subsidiary, and foreign nationals can also be shareholders. There is no requirement for a shareholder to be an Indian resident.

Share Capital

There is no minimum capital requirement for company registration in India.

Directors

A minimum of two directors is compulsory, with at least one director being an Indian resident. Though nominee dictatorship services can be provided if required.

Registered Address

Every company registered in India must have an official registered address recorded in government records. However, virtual office address services can be used to fulfil this requirement.

Annual general Meeting (AGM)

At least one general meeting needs to be held annually by the companies registered in India, with an additional two board meetings.

Company Secretary

Every company registered in India must file secretarial returns each year and the same has to be handled by a company secretary.

Documents Required for Indian Subsidiary Registration

The list of documents required for Indian subsidiary registration:

  • Copy of company resolution passed by the foreign companies with the given below details:
    • Details of investors or subscribers
    • Name and designations of the authorized representative
    • The proposed capital structure of the company
    • Proposed director's details
  • Identity proofs of the Authorised representative
  • Details of Directors Address
  • Copy of the Certificate of Registration of Foreign Parent Company
  • Articles of Association of the Foreign Parent Company
  • Business activity of the company
  • Articles or by-laws of the company, together with subscriber sheet
  • Documents not required for Notarisation
    • Proof of registered office (lease deed, rent agreement)
    • Copy of utility bills of the registered office

Tired of complex documentation for Indian subsidiary registration? Let Corpfilings assist you in the preparation and submission of documents within the desired time frame.

Procedure for Subsidiary Company Formation in India

The procedure for subsidiary company formation in India is as follows:

Choose the type of subsidiary company

First and foremost, choose the type of suitable subsidiary company that aligns with the interest of the foreign parent company.

Obtain Digital Signature Certificate (DSC)

Next, the applicant needs to obtain a DSC (Digital Signature Certificate) for the proposed directors of the company. This DSC number is important for electronically signing the necessary papers or documents during the Indian Subsidiary Registration Online process.

Apply for Director Identification Number (DIN)

The directors of the subsidiary company must obtain a Director Identification Number (DIN) from the Ministry of Corporate Affairs (MCA). The same is to be applied online by submitting DIN application online.

Name Approval

In this stage, the applicant must choose a unique name for a subsidiary company and apply for approval through the MCA’s online portal. The name chosen shall be in alignment with the guidelines as provided by the MCA.

Draft Memorandum of Association (MoA) and Articles of Association (AoA)

At this stage, the applicant must prepare legal documents, including the Memorandum of Association (MoA) and Articles of Association (AoA), outlining the company's objectives, rules, and regulations as per the Companies Act, 2013.

File Incorporation Documents

Once the chosen name is approved by the concerned authority, the next step is to file SPICe+ form for Indian subsidiary company registration through the MCA’s online portal.

Payment of Registration Fees

The applicant must pay the applicable subsidiary company registration fees to the Registrar of Companies (ROC), which is determined based on the subsidiary's authorized capital.

Obtain a Certificate of Incorporation (COI)

After successfully submitting the required documents and information, if everything complies with legal requirements, the Registrar of Companies (ROC) will issue the Certificate of Incorporation for the Indian subsidiary.

Apply for PAN and Tax Registration

After obtaining the COI, the applicant subsidiary company must apply for Permanent Account Number and Tax Deduction and Collection Account Number from the Income-Tax Department.

Open Bank Account

Subsidiary company must also open a bank account in India.

Compliance with other regulations

For the smooth functioning of the subsidiary company operation ensure compliance with other relevant laws and regulations in India.

Obtain GST Number

Every company registered in India must obtain a GST number for taxation purposes, especially if the company is engaged in multiple business activities.

Initiating Business Operations

After obtaining all the above steps, the applicant subsidiary company can commence its business operations.

To make the process for Indian subsidiary registration stress-free, consult our experts at Corpfilings.

Compliance Needs for Indian Subsidiary Registration Online

The list of compliance requirements for Indian Subsidiary Registration online are as follows:

Foreign Exchange Management Act (FEMA)

Every foreign company operating in India must meticulously comply with FEMA laws and regulations.

Companies Act, 2013

All subsidiary companies registered in India must comply with Companies Act, 2013 ensuring the statutory compliances framework governing corporate entities.

Reserve Bank of India (RBI) Compliances

The subsidiary companies registered in India must comply with various compliances as per the Reserve Bank of India (RBI) contributing to the overall regulatory landscape.

Income Tax Act, 1961

According to the Income Tax Act, 1961, annual filing of income tax returns is a mandatory requirement for Indian subsidiaries. However, the current corporate tax rate in India stands at 25%.

Annual Returns

Companies registered in India must submit annual returns to both the Ministry of Corporate Affairs (MCA) and Registrar of Companies, maintaining transparency and adherence to regulatory standards.

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Corpfilings simplifies the Indian subsidiary registration process, ensuring compliance, efficiency, and expert guidance at every step. Here’s why businesses trust us for Indian subsidiary company registration-

  • Assistance from a Network of 5000+ Professionals for Indian Subsidiary Registration
  • Trusted by 2400+ Active Subsidiary Companies
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  • Documentation Support for Indian Subsidiary Company Registration
  • End-to-end Assistance for Indian Subsidiary Registration
  • No Hidden Fees, A Promise of 100% Transparency in the Process
  • Foreign Investment Advisory Support for Indian Subsidiary Registration
  • Completely Online Registration, Apply from Anywhere, Anytime

FAQs on Subsidiary Company Registration in India

The different types of subsidiary companies that can be registered in India are as follows:

  • Wholly Owned Subsidiary
  • Partially Owned Subsidiary
  • Operational Subsidiary
  • Strategic Subsidiary
  • Foreign Subsidiary
  • Joint Venture Subsidiary

 

The minimum requirements for registering a company in India are as follows:

  • At least two directors and one resident director.
  • Registered office address in India.
  • At least two shareholders.

 

The compliance requirements for an Indian subsidiary registration online are monthly book keeping, monthly tax filing, annual tax returns etc.

Yes, the subsidiary company can be opened remotely in India, complying with laws and regulations in India.

An Indian subsidiary company is a locally registered business controlled by a foreign parent company that owns the majority of its shares. While it operates as a separate legal entity, it remains subject to Indian laws and regulations.

There is no minimum capital requirement for Indian subsidiary registration, thus providing flexibility in determining their capital structure.

According to the Companies Act, 2013, a minimum of two directors are required and at least one director must be an Indian resident.

Yes, subsidiary companies need to pay tax in India as subject to the Indian corporate tax, and taxes must be paid as per the projected revenues and expenses for the financial year.

The list of advantages of a subsidiary company registration in India is as follows:

  • Entry into the Indian Market
  • Foreign Direct Investment (FDI) in India
  • Perpetual Succession
  • Limited Liability
  • Scope of Diversification
  • Separate Legal Identity
  • Property Ownership and Rental

 

The basics of subsidiary company registration in India are as follows:

  • Minimum of two shareholders (can be foreign companies or foreign persons)
  • Minimum of two directors (At least one has to be an Indian resident)
  • There is no minimum capital requirement
  • The subsidiary companies are taxed at 25% on their profits.

 

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