Subrudhi Logo

Indian Subsidiary Company Registration

Delays in registering your Indian Subsidiary? Our experts ensure fast, hassle-free setup. Over 500 subsidiaries registered since 2019.

What's Included?

Name Approval via MCA
MoA & AoA Drafting
DIN & DSC for Directors
MCA Filing & Incorporation
Register Your Indian Subsidiary in 4 Days + Free 1:1 Expert Consultation
Schedule a call
Google Reviews
4.8 ★★★★★
★★★★★
Trustpilot
5000+

Happy Clients

30+

Expert Advisors

4+

Branch Offices

Consultation Icon

Free Consultation by Expert

Get Update on Whatsapp

INDIAN SUBSIDIARY – Overview

India has emerged as one of the most attractive global destinations for foreign investors. With progressive government reforms, liberalized Foreign Direct Investment (FDI) policies, and a rapidly growing consumer market, many multinational companies now view India as a strategic hub for expansion.

Establishing an Indian Subsidiary is one of the most efficient and compliant routes for foreign corporations to set up operations in India. It allows full control over business functions, direct market access, and operational independence while benefiting from the legal framework of a registered company.

Under Section 2(87) of the Companies Act, 2013, a subsidiary is defined as a company in which another company (the holding company):

  • Controls the composition of the Board of Directors, or
  • Owns/controls more than 50% of the share capital—either directly or along with its other subsidiaries
Indian subsidiaries are recognized as separate legal entities, even though they are owned and controlled by foreign parent companies.

This structure helps protect the parent company's interests, builds credibility, ensures compliance with Indian regulations, and facilitates smoother operations in one of the world's fastest-growing economies.

Indian Subsidiary Company
Indian Subsidiary Company
Why Register an Indian Subsidiary Company?

An Indian Subsidiary Company is a strategic entry point for foreign corporations looking to operate in India. Typically incorporated as a Private Limited Company, it allows the foreign parent company to hold more than 50% of the equity shares, thereby maintaining control.

This structure offers a separate legal identity, limited liability protection, and 100% FDI (Foreign Direct Investment) approval under the automatic route in most sectors. It enables foreign businesses to tap into India's vast consumer market while enjoying operational flexibility and legal protection.

Registering an Indian Subsidiary ensures better compliance with Indian regulations, improves credibility with stakeholders, and provides access to local funding, talent, and infrastructure. It's ideal for multinational companies planning to expand, manufacture, or deliver services in India.

Advantages of Setting Up an Indian Subsidiary

Establishing an Indian Subsidiary is a highly effective way for foreign companies to enter and expand in India. It offers full control, strong legal protection, and the ability to leverage India’s growing market and economic reforms. Subsidiaries are separate legal entities, allowing global businesses to operate with greater flexibility, enjoy tax benefits, and build strong brand credibility in India.

Advantages of Indian Subsidiary Registration
Separate Legal Entity Indian Subsidiary

Separate Legal Entity

Protects the parent company from the subsidiary’s liabilities and obligations.

Market Access Indian Subsidiary

Market Access

Enables direct entry into one of the world’s fastest-growing consumer markets.

Full Control Indian Subsidiary

Full Control

In a wholly owned subsidiary, the foreign parent company retains complete control over operations.

Tax Benefits Indian Subsidiary

Tax Benefits

Eligible for tax deductions, incentives, and benefits under Indian tax laws and treaties.

Brand Establishment Indian Subsidiary

Brand Establishment

Enhances trust with Indian customers, financial institutions, and regulatory authorities.

Funding Flexibility Indian Subsidiary

Funding Flexibility

Can raise capital locally through loans, debentures, or private equity investments.

Strategic Expansion Indian Subsidiary

Strategic Expansion

Facilitates seamless expansion into multiple states, sectors, or business verticals.

Eligibility Criteria for Establishing an Indian Subsidiary

To set up a foreign-owned subsidiary in India, the following eligibility conditions must be fulfilled in accordance with the Companies Act, 2013, FEMA, 1999, and the prevailing FDI policy:

  • Minimum Directors: 2 directors required, one must be a resident Indian
  • Minimum Shareholders: 2 (can be individuals or corporate entities)
  • Parent Company Ownership: Must hold at least 50% of the subsidiary’s share capital
  • Wholly Owned Subsidiary: 100% ownership allowed under automatic FDI route (in most sectors)
  • Company Structure: Typically registered as a Private Limited Company
  • Compliance: Must adhere to Companies Act, FEMA, and FDI policy guidelines
  • Business Activities: Permissible under sector-specific FDI rules

Director & Regulatory Requirements

  • All directors must be legally competent to enter into contracts
  • At least one director must be a resident in India for 182+ days in the previous calendar year
  • Foreign nationals or foreign entities can be shareholders/directors subject to FDI rules
  • Each director must have a DIN (Director Identification Number) and DSC (Digital Signature Certificate)
Indian Subsidiary Eligibility Illustration

Types of Indian Subsidiaries

Subsidiaries in India can be classified based on ownership and control by the parent company:

  • Wholly Owned Subsidiary (WOS):
    • The parent company holds 100% of the share capital.
    • Offers complete operational and strategic control to the parent.
  • Partly Owned Subsidiary:
    • The parent company holds more than 50% but less than 100% of shares.
    • Allows minority Indian investors or partners to hold a stake.
  • Step-Down Subsidiary:
    • A subsidiary controlled indirectly through another subsidiary of the parent company.

Requirements for Establishing an Indian Subsidiary

To set up and operate a subsidiary company in India, the following key requirements must be met:

  • Company Name Approval: Approval from the Ministry of Corporate Affairs (MCA) is mandatory.
  • Memorandum and Articles of Association: MoA and AoA specifying the company’s objectives must be submitted.
  • Resident Director: At least one director must have stayed in India for a minimum of 182 days in the previous calendar year.
  • Shareholding Pattern: The parent company must hold more than 50% of the share capital.
  • Compliance with FEMA: All foreign investments must adhere to FEMA and FDI policy guidelines.
  • Annual Filings: Audited financial statements and annual returns must be filed with the Registrar of Companies (RoC).
Indian Subsidiary Documents Illustration

Documents Required for Establishing an Indian Subsidiary

To register a subsidiary company in India, the following documents are typically required from the parent company, directors, shareholders, and for the registered office:

  • Parent Company Documents: Certificate of Incorporation, Memorandum and Articles of Association, and Board Resolution approving the subsidiary setup
  • Identity Proof: PAN Card (mandatory for Indian nationals), Passport (for foreign nationals)
  • Address Proof: Aadhaar Card, Voter ID, Driving License, or Passport
  • Residential Proof: Latest utility bill or bank statement (not older than 2 months)
  • Documents for Registered Office:
    • Utility bill (electricity, water, gas, etc.)
    • Rent Agreement and No Objection Certificate (NOC) from the landlord if the office is rented
  • Passport-sized Photographs of all directors and shareholders
  • Digital Signature Certificate (DSC) for all proposed directors
  • Director Identification Number (DIN) for each director

Process for Establishing an Indian Subsidiary

Setting up a subsidiary company in India involves several key steps, guided by the Ministry of Corporate Affairs (MCA) and regulatory authorities:

  • Obtain DSC & DIN: Obtain Digital Signature Certificates and Director Identification Numbers for all proposed directors.
  • Name Reservation: Apply for subsidiary company name approval through MCA, ensuring alignment with the parent company's branding.
  • Draft Incorporation Documents: Prepare Memorandum of Association (MoA) and Articles of Association (AoA) outlining the subsidiary’s objectives.
  • File Incorporation Forms: Submit SPICe+ (INC-32), MoA (INC-33), AoA (INC-34), and AGILE-PRO forms with MCA.
  • Certificate of Incorporation: Issued by the Registrar of Companies after successful approval.
  • Post-Incorporation Compliance: Obtain PAN and TAN; open a bank account in the subsidiary’s name; report Foreign Direct Investment (FDI) inflows to RBI using Form FC-GPR; and ensure timely filing of annual returns and financial statements.

Industry Applications of Indian Subsidiaries

Indian subsidiaries are widely adopted by foreign companies across diverse sectors to establish a local presence and expand operations. Common industries include:

  • Technology & IT Services: Software development, outsourcing, SaaS platforms.
  • Manufacturing: Automobiles, consumer goods, electronics production.
  • Retail & E-commerce: Global retail brands entering the Indian market.
  • Banking & Financial Services: Fintech companies, investment firms, asset management.
  • Healthcare & Pharmaceuticals: Clinical research, manufacturing, and distribution.
  • Energy & Infrastructure: Renewable energy projects, real estate, construction.
Frequently Asked Questions (FAQs)

Common questions about setting up and running Indian Subsidiaries.

Yes. In most sectors, 100% Foreign Direct Investment (FDI) is permitted under the Automatic Route.
Yes. Even if wholly owned by a foreign parent, the subsidiary is considered an Indian resident company for taxation and regulatory compliance.
It typically takes 20–45 days, depending on approvals from the Registrar of Companies (RoC).
Subsidiaries must file annual returns with MCA, report FDI inflows to RBI, hold regular board meetings, maintain statutory registers, and comply with tax regulations.
Yes. Profits can be repatriated after paying applicable taxes and complying with FEMA guidelines.

Ready to Register Your Indian Subsidiary?

Let Subrudhi guide you through a smooth and compliant process to start your Indian Subsidiary in India.