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Indian Subsidiary Co Registration

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Indian Subsidiary Company Registration refers to the formal process of establishing a subsidiary company in India, where a foreign company sets up a separate entity that is legally distinct but wholly owned by the parent company. This registration involves complying with the regulations of the Ministry of Corporate Affairs in India, submitting required documents, and obtaining necessary approvals. The subsidiary operates as an independent legal entity, enjoying the benefits of a local presence while being subject to Indian laws and regulations. This registration allows the foreign parent company to conduct business in India, engage in local partnerships, and benefit from the vast Indian market, all while maintaining a distinct corporate identity and liability separation.

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Process For Indian Subsidiary Company Registration:-

STEP 1: Attestation of all the documents signed by the proposed director and shareholder by the Indian Embassy present in their country along with their passport and address proof.

                                                                 OR

It can be apostilled according to Hague Convention (Convention abolishing the requirement of legalization for foreign public documents)

                                                                 OR

In case the foreign national is already in India under business visa with all the original documents then in that situation it can be attested in India.

STEP 2: Application for setting up offices through Form FNC-1 to RBI along with the attested documents.

STEP 3: Issuance of Digital Signature Certificate of directors, shareholders and promoters.

STEP 4: Application for reservation of name of the company, DIN (Director Identification Number), incorporation of a company, PAN/TAN through SPICe (Simplified Proforma for Incorporating a Company Electronically) form.

STEP 5: Registrar of Company will issue “Certificate of Incorporation”.

STEP 6: Opening of a bank account as the foreign direct investment must reach within 180 days of incorporation of the company with advance intimation to Banker.

Documents Required For Indian Subsidiary Company Registration:-

  • Digital Signature Certificate (DSC): A digital certificate issued by authorized agencies that allows directors and authorized signatories to sign documents electronically, required for online filings with government authorities.

 

  • Address Proof for Registered Office: Documents such as a lease agreement, rent receipt, or utility bill to confirm the registered office address.

 

  • Identity Proof of Directors and Shareholders: Identity documents like Aadhaar cards, passports, or driver’s licenses for all directors and shareholders.

 

  • Passport-sized Photographs: Recent passport-sized photographs of directors and shareholders.

 

  • PAN and TAN Applications: Applications for obtaining the Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for the subsidiary, issued by the Income Tax Department.

 

  • No Objection Certificate (NOC) for Registered Office (if applicable): A document stating that the owner of the registered office premises has no objection to the company using it as the registered office.

 

  • Board Resolution Authorizing Subsidiary Establishment: A resolution passed by the board of directors of the parent company, authorizing the establishment of the subsidiary.

 

  • Capital Structure Details: Documents specifying the authorized and subscribed share capital, along with details of shareholders and their shareholdings.

 

  • Director Identification Number (DIN): This is a distinctive identification number bestowed by the Ministry of Corporate Affairs (MCA) upon all directors. Directors must apply for DIN, and the number is used for regulatory filings.

 

  • Trademark Registration Documents (if applicable): Documents related to the registration of trademarks if the subsidiary plans to use specific trademarks.