Indian Subsidiary Company Registration in India
An Indian Subsidiary Company is a company incorporated in India that is majorly owned or controlled by a foreign parent company, governed by the Companies Act, 2013 and relevant FEMA/SEBI regulations.
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What Is an Indian Subsidiary Company?
Per Section 2(87) of the Companies Act, 2013, a company is a subsidiary if a foreign parent holds >50% equity or can appoint/remove a majority of its directors. This structure lets global businesses operate in India under a regulated, separate legal entity model.
Types of Subsidiary Structures
• Wholly Owned Subsidiary (WOS): 100% foreign ownership (auto-route sectors only). • Partially Owned Subsidiary: 50–99% foreign shareholding with Indian partners. • Joint Venture Subsidiary: Shared control between foreign and Indian entities. • Liaison Office: Representative, non-commercial presence. • Branch Office: Commercial operations subject to RBI approval.
Legal & Regulatory Framework
• Companies Act, 2013: Defines subsidiary control, board & reporting obligations. • SEBI LODR, 2015: Disclosure requirements for listed entities and their material subsidiaries. • FEMA: Governs FDI & repatriation. • MCA guidelines: Company incorporation & ROC compliance.
Benefits of an Indian Subsidiary
- Easy market penetration in one of the fastest-growing consumer markets - Attractive FDI policies via automatic/approval routes - Perpetual succession and separate legal status - Limited liability protection for shareholders - Operational autonomy with property-holding and contracting powers
1. Documents Required
• Proof of registered office (utility bill or rent agreement + NOC)
• ID & address proof of directors/shareholders (PAN, passport, driver’s license, utility bill)
• MoA & AoA
• Parent company’s Certificate of Incorporation
• Power of Attorney for authorized representative
• DSCs & DINs of directors
• Shareholding declarations
Step-by-Step Registration Process
1. Reserve company name via SPICe+ Part A.
2. Obtain DIN & DSCs for all proposed directors.
3. Draft and file MoA, AoA & SPICe+ Part B with shareholding structure.
4. Receive Certificate of Incorporation (COI) & CIN.
5. Open a bank account in India (within ~7 days).
6. Complete GSTIN, PAN, TAN, EPFO & ESIC registrations.
Timeline to Incorporate
Typically 2–4 months, including name approval, documentation, and statutory clearances.
Total Estimated Time
2–4 months
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