Breif
A Foreign Subsidiary is an Indian company that is either wholly or partially owned by a foreign parent company. It allows global businesses to legally operate in India, enjoy limited liability protection, and access the Indian market efficiently.
Overview
Setting up a Foreign Subsidiary in India provides a legally recognized Indian entity while the parent company retains ownership and control. This structure is ideal for businesses planning long-term operations in India, as it allows them to open bank accounts, raise capital, register for GST, and comply with local regulations. The subsidiary is incorporated under the Companies Act, 2013, and requires filings with the ROC, as well as adherence to RBI and FEMA rules. With proper guidance, the process can be completed quickly and smoothly, making it a reliable route for global businesses entering India.
Process
Step 1 - Parent company approval and nominee selection – The first step in the process is getting the resolution passed by parent company for having no objection in the forming of either wholly owned subsidiary or a normal subsidiary in India and also selecting the nominee who is going to represent the company on there behalf. This document is important for registering name for foreign subisdiary
Step 2 – Company Name approval – Then after getting the resolution passes by parent company we need to go ahead with the process of company name approval with MCA.
Step 3 – Apply for DIN & DSC – Meanwhile when name get's approved we will go with the process of making DSC of the director if they already had the same then we need to collect the both for further documentation.
Step 4 – Preparing legal and charter documents – When MCA approves the name then we need to move further to prepare the legal & charter docs of company like INC 33 (MOA), INC 34 (AOA), DIR-2, NOC for registered office etc.
Step 5 – Appostilation of documents – After preparing all the legal docs now it's time to get them signed appostiled by the foreign company nominee as per the norms of registering the company.
Step 6 - Submit to MCA – When we receive the prescribed document signed in the prescribed format then the last and final step is submission of those form to MCA via e-mode on the website.
Step 7 - Company Registered - Hooyaah!!! congratulations now you are successfully registered as a foreign subsidiary in india and can enjoy the benefit of the same.
Checklist
Details & Documents Required for Foreign Subsidiary Registration
1. Parent Company Approvals and Nominee selection
- Board resolution approving the incorporation of an Indian subsidiary
- Appostiled Certificate of Incorporation and constitutional documents of the foreign parent company along with the details of nominee
- Appostiled document of subsidiary company i.e., MOA, AOA, DIR-2 and etc.
2. Directors & Shareholders Details
- In case of foreign director or nominee: -
- - Appostiled KYC documents is required i.e., Bank Statement, Passport, Photograph, Electricity bill, Driving license, Any Residency proof, DIN and DSC (if having) etc.
- In case of Indian directors: -
- - Self Attested Pan Card, Aadhar Card, Bank Statement, Passport, Photograph, DIN & DSC (If having).
3. Registered Office in India
- Proof of business address (rent agreement, NOC, or ownership proof) must be in valid form accepted by the state govt. or govt. of India.
- Utility Bill: Electricity Bill/ Telephone Bill not older than 2 months.
Time Taken
Total Time: Approximately 7 -10working days from the date of receipt of all required documents.
- Parent Company Approval & Name Finalization: 1 day
- Document Collection & MOA/AOA Preparation: 1–2 days
- Appostiling of documents and receipt of same: as time taken by client
- Filing Incorporation Forms (INC-7, INC-22) with ROC: 1–2 days
- ROC Verification & Issuance of Certificate of Incorporation: 3-5 days
Deliverable
The following deliverables are included in the Biz Silver Plan. Deliverables for other packages may vary accordingly:
- Certificate of Incorporation – Official certificate issued by the Registrar of Companies (ROC).
- MOA & AOA – Memorandum and Articles of Association for the Indian subsidiary.
- PAN & TAN – Tax registrations for the Indian subsidiary.
- DIN & DSC for Indian Directors – Director Identification Numbers and Digital Signatures.
Bank Account Assistance – Guidance to open a current account in the subsidiary’s name.
Post-Incorporation Compliance Support – Assistance with GST registration (if applicable), RBI/FEMA filings, and ongoing statutory compliance.
Why Choose Us
Bizeneed is trusted by global and Indian entrepreneurs for fast, reliable, and hassle-free Foreign Subsidiary registration. We handle everything—from name approval, ROC filings, and MOA/AOA drafting to PAN/TAN, bank account setup, and RBI/FEMA compliance. With pan-India expertise and dedicated support, we ensure your subsidiary is legally compliant and operational within 7 working days, making your expansion into India smooth and stress-free.
FAQs
A Foreign Subsidiary is an Indian company wholly or partially owned by a foreign parent company, operating as a separate legal entity in India.
Any foreign company can establish a subsidiary in India, provided it complies with the Companies Act, 2013 and RBI/FEMA regulations.
Yes, it is a legally recognized Indian company under the Companies Act, with rights to operate, enter contracts, and open bank accounts.
Yes, it can raise capital from Indian banks, investors, and financial institutions as per Indian laws.
Yes, Indian law requires at least one director to be resident in India.
Obtain DIN & DSC for directors, finalize company name, draft MOA & AOA, file incorporation forms with ROC, and comply with RBI/FEMA guidelines.
Typically, 7–10 working days from the submission of all required documents.
Yes, a unique company name must be approved by the ROC before incorporation.
Yes, foreign investment and shareholding must comply with FEMA regulations and may require reporting to RBI.
Yes, ROC provides online tracking for incorporation applications using your submission reference.
Board resolution of parent company, MOA & AOA, passport copies of foreign directors, proof of registered office in India, and incorporation forms (INC-7, INC-22, INC-24).
Yes, PAN & TAN are mandatory for tax compliance of the Indian subsidiary.
Only if the subsidiary’s turnover exceeds the GST threshold or if voluntary registration is desired.
Yes, changes like address, director details, or shareholding must be updated with the ROC.
Yes, Bizeneed assists with GST registration, bank account setup, RBI/FEMA compliance, and ongoing statutory obligations.
A subsidiary is a separate legal entity, limiting liability, enabling fundraising, and allowing full operational control.
Yes, the parent company controls through shareholding and board representation while the subsidiary remains legally independent.
Yes, the subsidiary must comply with Companies Act, GST, RBI/FEMA rules, and annual ROC filings.
Yes, it can be voluntarily wound up following ROC procedures if operations cease.
Yes, we provide ongoing support for statutory filings, GST, RBI/FEMA reporting, and regulatory guidance.