Did you know any subsidiary company from any country has to register itself in India? The incorporation process is now completely online and this article will guide you through the entire procedure.

With India becoming an attractive destination for foreign investments, the Government has been opening doors in various sectors for foreign investments. The country is witnessing growth in establishing foreign subsidiary companies in India. Be it any subsidiary from any foreign nation, incorporation of the company in India is mandatory. Though the number of directors depends on the structure of the company to choose to establish, as per the Indian laws, any foreign entity registering in India should have a resident director. A resident director is someone who has stayed in India for at least 182 days in the previous year. Having said that let us list out the details and the documents you would require How to register a subsidiary company outside India

The Following Documents Will Be Required for a Subsidiary Company Registration

1. Passport-size photographs of all the members and directors.
2. Address proof of directors (Utility bill or bank statement not older than 2 months,
3. ID proof of all directors (voter ID, driving license, passport, etc.)
4. PAN card of all the directors, and in the case of foreign nationals a passport will be needed
5. Digital Signature Certificate online (DSC) of all directors.
6. A specimen signature of the resident director
7. Self-declaration of the directors regarding directorship in other companies, if any. Apostilled and notarised hard copies of Memorandum of Association (MOA) and Articles of Association (AOA) from the country of origin
8. Rent agreement of the registered office or No Objection Certificate (NOC) from the owner of the property
9. If the property is self-owned, a copy of the registry or the latest Government electricity bill or water bill will be sufficient.
10. Apostille/notarized board resolution from the foreign company for incorporation in India
11. Incorporation documents of the parent company and KYC of the authorized representative.

Things to Remember

• Any documents for foreign directors/members must be apostilled or notarised.
• All the documents obtained for the foreign nationals in the language of their country should be translated into the English language.

How to Register a Subsidiary Company Outside India?

1. Obtain Digital Signature Certificates

To ensure a secure electronic verification, at least two directors must obtain a DSC. If they do not have a DSC, it can be applied to any of the certified authorities 

2. Obtain DIN

Each director must have a Director Identification Number. You can apply for a DIN even through the SPICe+ form during the incorporation process.

3. Application for Name Approval 

The foremost step is to reserve a name for the company. If you wish to carry on with the parent company’s name, you can do so by adding the word “India” to the name. You can also use the parent company’s registered trademark. However, the name should not be identical to existing companies. You can check for the availability of your desired name through Vakilsearch, similar to the process followed for a pvt limited company .

4. Visit the MCA Portal

Log in to the MCA Portal and click RUN under MCA services. A new SPICe+ form will appear. The applicant has to fill in all the details, and upload all the documents as required by all the forms. 

5. Make the Payment

After submission of all the incorporation documents, the applicant has to pay the electronic ROC fees and Stamp duty 

6. Verification by ROC 

The Registrar of Companies (ROC) will verify all the submitted details and documents, after which a Certificate of Incorporation shall be issued, similar to the process followed to register a company.

Why Vakilsearch?

Vakilsearch is home to the best business advisors and legal experts. Registering your foreign subsidiary company in India with Vakilsearch will provide a one-stop solution to all your queries regarding company registration in India in a completely online, and cost-effective manner.