Company Formation with Foreign National

Start Your Business in India with Global Collaboration

India is one of the most preferred destinations for foreign entrepreneurs and investors to set up a company due to its vast market, business opportunities, and startup ecosystem. A foreign national can legally become a director, shareholder, or even sole owner (in certain sectors) in an Indian company by complying with the Companies Act, 2013 and FEMA guidelines.

Key Highlights:

  • A foreigner can register a Private Limited Company in India
  • Requires at least one Indian resident director
  • Can be a wholly owned subsidiary of a foreign company
  • FDI is permitted under automatic and approval routes
  • PAN & digital signatures (DSC) mandatory for all directors

Types of Business Structures Available:

  • Private Limited Company
  • Wholly Owned Subsidiary (WOS)
  • Joint Venture Company
  • Limited Liability Partnership (LLP) (only with resident Indian partner)
  • Branch/Project/Liaison Office (with RBI approval)

Steps to Register a Company with Foreign Participation:

  1. Digital Signature Certificate (DSC) for all directors
  2. Director Identification Number (DIN) application
  3. Reserve Company Name (SPICe+ Part A)
  4. File Incorporation Forms with required KYC & capital details
  5. Apply for PAN, TAN, and GST (if required)
  6. Filing for FDI reporting (if foreign shareholding involved)
  7. Opening a Bank Account and inward remittance of share capital

Documents Required:

For Foreign Nationals:

  • Passport (notarized and apostilled)
  • Address Proof (utility bill, driving license, etc.)
  • Passport-size photograph
  • Email ID and mobile number
  • Business visa (if in India during incorporation)

For Indian Resident Director:

  • PAN Card
  • Aadhar Card
  • Address Proof
  • Photograph

For Registered Office:

  • Rent Agreement/Ownership Proof
  • Utility Bill (not older than 2 months)
  • NOC from the property owner

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