IN
India
100% foreign ownership under the automatic route in most sectors, but you need a resident director and strict FEMA reporting.
Last checked: Oct 2026 · Sources listed below
01 · What we can do here
What we can do here
Account help (opening soon)
- Paid business-account opening help: account selection, draft application answers and a document checklist. You submit, complete your own ID and selfie checks, and sign.
Handled by licensed partners
- MCA filings: a practising chartered accountant, company secretary or cost accountant (many forms need professional certification).
- GST and income-tax representation: a GST practitioner (must be an Indian citizen) or authorized tax representative.
- Incorporation and FEMA reporting: a qualified Indian firm.
02 · Incorporation basics
Incorporation basics
- Incorporate through SPICe+ (INC-32) on the MCA V3 portal, with the electronic memorandum and articles and linked registrations for PAN, TAN, GST, EPFO, ESIC and a bank account. Typically 1 to 3 weeks including name approval.
- A private company needs at least 2 directors, one of them resident in India (182 days or more in the previous calendar year). Directors need a DIN and a digital signature certificate.
- At least 2 shareholders. A one-person company is only for resident Indian individuals.
- Foreign directors' and subscribers' documents are usually apostilled or consularized.
- No general minimum capital. The MCA filing fee is waived for authorized capital up to ₹15 lakh; state stamp duty applies.
- After incorporation: commencement declaration (INC-20A) within 180 days, first auditor within 30 days, and FC-GPR reporting to the RBI within 30 days of allotting shares to foreign investors.
03 · Foreign ownership
Foreign ownership
- Most sectors allow 100% foreign ownership under the automatic route.
- Government approval or caps apply in sectors such as multi-brand retail (51%), print media (26%), some defense, broadcasting, insurance, banking and telecom.
- Prohibited: lottery, gambling and betting, chit funds, nidhi companies, real estate business and farm houses, and tobacco manufacturing.
- E-commerce: 100% automatic for the marketplace model; the inventory model is not permitted for foreign-funded entities.
- Investors from countries sharing a land border with India need government approval (Press Note 3, 2020), with a limited automatic route for small non-controlling stakes since May 2026.
04 · Banking and fintech
Banking and fintech
- FEMA 1999: current-account transactions are generally free; capital-account transactions follow RBI rules and go through authorized dealer banks.
- Report foreign investment on FC-GPR within 30 days of allotment, and file the Annual Return on Foreign Liabilities and Assets by July 15 each year.
- Dividends and sale proceeds are freely repatriable after tax for investment made under the rules.
- Banks apply RBI KYC rules to the company, its 10%+ beneficial owners and signatories; video-based identification is permitted.
- Collect payments through RBI-authorized payment aggregators or banks.
05 · Annual filings
Annual filings
- AGM within 6 months of the March 31 year-end (by September 30).
- Financial statements (AOC-4) within 30 days of the AGM; a statutory audit is mandatory for all companies.
- Annual return (MGT-7/7A) within 60 days of the AGM. Annual director KYC.
- Foreign liabilities and assets return to the RBI by July 15.
- Income-tax return by October 31 (November 30 with transfer pricing). Advance tax in four installments.
- GST returns monthly or quarterly, plus an annual return above the threshold.
06 · Tax basics
Tax basics
Published rates only. Not tax advice.
- Domestic companies: optional 22% concessional regime (25.17% effective with surcharge and cess). Otherwise 25% or 30% plus surcharge and cess.
- Foreign companies and branches: 35% plus surcharge and cess.
- GST: 5%, 18% or 40% (most services 18%). Registration above ₹40 lakh for goods or ₹20 lakh for services, and compulsory in some cases. Foreign providers of online services to Indian consumers register with no threshold.
- Withholding on royalties and technical-service fees paid to non-residents: 20% plus surcharge and cess, or the treaty rate.
07 · Disclosure rules
Disclosure rules
- Home-page checklist (Companies (Incorporation) Rules 2014, rule 26): an Indian company's website must show on its home page the company name, registered office address, CIN, telephone, fax (if any), email, and the name of a person to contact for grievances or queries.
- Companies Act s.12(3)(c): name, registered office address, CIN, phone, email and website on business letters, billheads, letter paper, notices and official publications. Penalty: ₹1,000 per day of default, up to ₹1 lakh.
- India's data protection law (DPDP) core duties start May 13, 2027 and also reach foreign businesses serving people in India.
08 · Sources
Sources
General information only, not legal or tax advice. Rules change; check the official source before acting.