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For a foreign company planning to establish a presence in India, incorporating an Indian entity is only the beginning. Where the proposed Indian entity will have foreign ownership or receive funds from a non-resident investor, the transaction also needs to be structured and managed in accordance with India’s foreign exchange regulations. The Foreign Exchange Management Act, 1999 (FEMA) provides the overarching framework for regulating foreign exchange transactions in India. For foreign investment into an Indian company or Limited Liability Partnership (LLP), the FEMA framework operates through the Foreign Exchange Management (Non-Debt Instruments) Rules, 2019, the relevant RBI regulations and directions, and applicable foreign direct investment (FDI) policy. The RBI’s reporting framework has also been amended periodically, including amendments in 2025 and 2026. To whom FEMA is applicable FEMA applies to business or individual involved in foreign exchange transactions or cross border financial dealings – Indian businesses receiving Foreign direct investments or making investments abroad. Indian residents sending money abroad for investments, education, travel etc Foreign companies operating in India through a branch office, liaison office, project office. Any branch, agency, or office located outside India that is owned or controlled by a person resident in India Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) when they engage in transactions involving Indian assets, such as buying real estate, or making cross-border remittances. FEMA applies when individuals or entities engage in transactions involving foreign exchange, foreign securities, or cross-border payments, with timing for individuals depending on a residential status of more than 182 days of physical presence in India during the preceding financial year. For businesses, FEMA applies from the exact moment an enterprise engages in any cross-border commercial transaction, which includes exporting services, importing goods, raising foreign capital, or establishing overseas branches. For a foreign company entering India, FEMA compliance can broadly be viewed as a lifecycle covering entry, investment, ongoing operations, reporting and eventual exit. 1. Start with the proposed India structure The first FEMA consideration is determining the appropriate form of presence in India. A foreign business may consider an Indian private limited company, LLP, branch office, liaison office or project office, depending on the nature of its proposed activities and commercial objectives. The FEMA implications can differ depending on the structure selected. Where the proposed structure involves foreign investment, it is important to assess the applicable FDI policy, sectoral restrictions, investment limits, entry routes and sector-specific conditions before the investment is made. For certain sectors, foreign investment may be permitted under the automatic route, while other sectors or specific circumstances may require prior government approval. The proposed business activities should therefore be reviewed at the outset rather than after incorporation. 2. Assess the foreign investment before bringing in funds Once an Indian company has been selected as the entry vehicle, the proposed investment needs to be examined from a FEMA perspective. This includes determining: Who will be investing in the Indian entity; The proposed percentage of foreign ownership; The nature and amount of the proposed investment; Whether the sector permits foreign investment and under which route; Whether any sector-specific conditions apply; and Whether any government approval or additional regulatory requirements are applicable. This assessment is particularly important because the permissibility of foreign investment depends not only on the percentage of foreign ownership but also on the sector and nature of business activities. 3. Bringing the initial capital into India Once the structure and investment route have been established, the foreign investor can fund the Indian entity in accordance with the applicable FEMA requirements. For equity investment, the consideration is generally required to be received through permitted banking channels or from an account permitted under the FEMA framework. The Indian entity must also comply with the prescribed process for issuing equity instruments to the non-resident investor. This makes coordination between the foreign investor, Indian company, authorised dealer bank and professional advisors important from the beginning. Documentation relating to the remittance, investor, share issuance and valuation should be maintained as part of the company’s FEMA records. 4. Complete the prescribed RBI reporting Receiving foreign investment also triggers specific reporting requirements. One of the key filings is Form FC-GPR (Foreign Currency-Gross Provisional Return). An Indian company issuing equity instruments to a person resident outside India in a transaction that qualifies as FDI is required to report the issue through FC-GPR within the prescribed timeline. Under the current reporting regulations, the filing is generally required within 30 days from the date of issue of the equity instruments. The reporting process requires the company to provide information relating to the investment and supporting documentation. Delays in prescribed FEMA reporting can result in a late submission fee or other consequences, depending on the nature of the reporting requirement and applicable regulations. 5. Keep track of downstream investment FEMA compliance does not necessarily stop with the initial investment. If the Indian company subsequently invests in another Indian entity, the transaction constitute downstream investment and can trigger additional FEMA requirements. This becomes particularly relevant where a foreign-owned or foreign-controlled Indian establishes subsidiaries or invests in other Indian businesses. The ownership and control structure should therefore be reviewed before undertaking investments to determine whether the downstream investment rules and related conditions apply. 6. Manage ongoing FEMA reporting FEMA compliance is an ongoing obligation and not a one-time filing at the time of incorporation. One of the principal annual requirements is the Annual Return on Foreign Liabilities and Assets (FLA). An Indian company or LLP meeting the applicable criteria for foreign investment or overseas investment is required to report its foreign liabilities and assets to the RBI. The FLA return is generally required to be submitted by 15 July each year, based on the prescribed reporting framework. The return captures information relating to the entity’s foreign liabilities and assets and forms part of the RBI’s external sector statistics. Maintaining accurate records throughout the year therefore makes the annual FEMA reporting process significantly easier. 7. Consider FEMA when dealing with the overseas parent For a foreign-owned Indian … Read more

A branch office and a private limited subsidiary occupy fundamentally different positions on the risk and tax spectrum in India. The structural choice a foreign company makes at entry shapes nearly every consequential decision that follows, from applicable tax rates to the scope of legal liability in the event of a dispute. A branch office is legally an extension of its foreign parent, taxed as a foreign company, and restricted to a defined set of permitted activities under Reserve Bank of India (RBI) rules. A private limited subsidiary, by contrast, is a distinct Indian legal entity incorporated under the Companies Act, 2013, taxed at domestic company rates, and authorised to conduct general commercial operations. An eligible domestic company may also elect the concessional rate under Section 115BAA of 22 percent, plus applicable surcharge and cess. These two structures are not minor variations of one another. They represent separate legal categories, and that distinction produces material differences in tax treatment and liability exposure. At India Company Incorporation (ICI), foreign companies are guided through this structural decision before any filing commences. Reversing an incorrect structure after establishment carries considerably greater cost than establishing the right foundation from the outset. This is not primarily a compliance question. It is a liability question, framed by regulatory procedure and statutory requirements. Expert view: “Where a foreign business anticipates substantive operating activity in India, the liability ring-fence of a subsidiary is often the decisive factor, not the tax rate alone” Branch Offices Render the Parent Company Directly Liable A branch office holds no separate legal identity from its foreign parent. Any liability the branch incurs in India attaches directly to the parent company, not to a ring-fenced Indian entity. That liability may arise from: A contract dispute A tax demand A supplier claim No corporate veil exists to rely upon, because a branch is not a separate corporation in India. It is the same company conducting operations from a different address. Foreign exchange regulations further constrain what a branch office may undertake. Manufacturing is generally prohibited, and permitted activities must remain within an approved list, such as export or import trade, research, or acting as a buying or selling agent for the parent. Prior regulatory approval is required before operations may commence. For current readers, this position remains anchored in the FEMA framework and the RBI approval process as it stands in 2026. Readers requiring setup procedures may refer to the site’s branch office registration or RBI approval service page. Private Limited Subsidiaries Insulate the Parent from Indian Liability A private limited subsidiary is a distinct legal person under the Companies Act, 2013. Accordingly, the foreign parent’s exposure is ordinarily limited to the capital invested in the Indian entity. Where the subsidiary faces litigation, a tax dispute, or a failed vendor contract, the claim is directed against the Indian entity’s own assets, not against the parent’s balance sheet in its home jurisdiction. This legal separation is the principal advantage of incorporating a subsidiary rather than establishing a branch. It enables a foreign company to enter the Indian market, engage staff, execute leases, and enter into commercial contracts without exposing its worldwide assets to risk each time an operational decision is made in India. Tax Treatment Differs Because the Two Structures Are Classified as Different Taxpayer Categories The tax differential between a branch and a subsidiary exists because Indian tax law does not treat them as equivalent taxpayer categories. A branch office is assessed under the Income Tax Act as a foreign company on income earned in India. A private limited subsidiary is assessed as a domestic Indian company. Because a branch is classified as a foreign company, it cannot access the concessional regimes available to domestic companies. This distinction affects more than the headline rate. It governs how profits are assessed, how funds may be remitted to the parent, and the extent of tax planning available under Indian law. A domestic company falls under a different part of the Income Tax Act from a foreign company’s Indian branch, and that separation carries significant practical consequences. The 22 percent concessional rate under Section 115BAA, noted above, applies to eligible domestic companies that elect that regime, before applicable surcharge and health and education cess. The base rate for foreign companies under the Income-tax Act, 1961, First Schedule rate structure, is 40 percent, before surcharge and cess. These categories are not interchangeable, which is precisely why the choice of structure carries such material significance. Readers should verify current rates through the Income-tax Department’s published rate schedule. Choosing Between a Branch and a Subsidiary Is a Matter of Purpose, Not Preference The appropriate structure depends on the foreign company’s intended activities in India, not on which option appears more convenient to establish. Several questions tend to resolve the matter: Does the intended activity fall within RBI’s permitted branch categories? Export or import trade, research, and acting as the parent’s buying or selling agent are consistent with branch operations. General commercial activities, manufacturing, or broad service delivery are not. What level of liability exposure is acceptable? A branch places the parent’s own assets at risk for Indian operations. A subsidiary confines that risk to the Indian entity. Does the company intend to raise capital or admit local investors in India? A private limited subsidiary can issue shares and accommodate Indian shareholders. A branch cannot. Is the India presence intended to be narrow and defined, or a substantive long-term operation? Branches serve a limited, specific scope. Subsidiaries are suited to a business structured for growth. Addressing these four questions with precision generally allows the appropriate structure to present itself clearly. Practical Implications for a Foreign Company Entering India A foreign company planning anything beyond a narrow, liaison-style presence in India will generally be better served by a private limited subsidiary. For most operating businesses, the separation of liability alone justifies the additional incorporation step. It prevents business risk incurred in India from reaching the parent’s home-country balance sheet. A branch office … Read more

India offers a large and increasingly diverse market for foreign businesses across sectors such as technology, manufacturing, professional services, financial services, consumer products and infrastructure. However, India market entry for foreign companies requires the business to determine how it intends to operate in India and select an appropriate legal and regulatory structure. Broadly, a foreign company can explore two approaches: Doing business in India without establishing a separate Indian entity, depending on the nature of the activities and applicable tax and regulatory requirements; or Establishing a presence in India through an Indian private limited company or wholly owned subsidiary, branch office, liaison office, project office or, where appropriate, an LLP. The appropriate route depends on the company’s business model, proposed activities, investment plans, sector-specific regulations and the level of presence it intends to establish in India. Accordingly, business setup in India for foreign companies should begin with an assessment of the available India entry options rather than incorporation alone. Can a Foreign Company Do Business in India Without Setting Up an Entity? A foreign company may be able to serve Indian customers from outside India without incorporating an Indian entity. For example, a company may supply goods or provide certain services to customers in India directly from its overseas location. This means a foreign company can, in appropriate circumstances, operate in India without incorporation. However, this approach does not eliminate Indian tax and regulatory considerations. Depending on the nature and scale of activities, issues such as Permanent Establishment (PE), income tax, GST, withholding tax, transfer pricing and other sector-specific requirements may need to be evaluated. This route may be suitable where the company is testing the Indian market, has limited Indian operations or does not require a physical or operational presence in India. For companies planning to build a long-term business presence, however, establishing an appropriate Indian structure can provide greater operational flexibility and a more defined platform for expansion. The choice between operating cross-border and establishing a local entity is therefore a central part of India market entry planning. Business Structures Available to Foreign Companies in India Foreign companies generally consider the following structures when establishing a presence in India: These are the principal entity options for foreign companies in India and should be evaluated against the proposed business model. An Indian private limited company is a separate legal entity incorporated in India and is commonly considered by foreign companies seeking to establish a long-term operating presence. Where applicable FDI rules permit full foreign ownership, the Indian company may also be structured as a wholly owned subsidiary (WOS) of the foreign parent. The Indian company can undertake activities permitted under its constitutional documents and applicable Foreign Direct Investment (FDI) regulations. Subject to the applicable sectoral rules, foreign investors can hold shares in the Indian company. A private limited company may be suitable for companies looking to: Establish a long-term operating presence in India Hire employees and build a local team Enter into contracts with Indian customers and vendors Undertake commercial activities in India Invest in infrastructure, assets or local operations Raise or deploy capital for Indian operations Expand their business across the Indian market As a separate Indian legal entity, the subsidiary can also provide a clearer structure for managing local operations, contracts, employees and compliance. For many foreign investors evaluating foreign company setup in India, an Indian subsidiary or wholly owned subsidiary is therefore a key long-term entry option. 2. Limited Liability Partnership (LLP) An LLP combines elements of a partnership structure with limited liability protection. It may be considered where the proposed business model is better suited to a partnership-based operating structure. Foreign investment in an LLP is subject to applicable FDI regulations and sectoral conditions. Therefore, the suitability of an LLP needs to be evaluated based on the proposed activities and ownership structure. For foreign investors comparing an LLP vs private limited company in India, ownership rules, permitted activities, governance, tax and long-term expansion plans should all be considered. An LLP can be relevant for certain professional services, consulting and other businesses where a flexible management structure is preferred. 3. Branch Office A Branch Office (BO) is an extension of the foreign parent rather than a separate Indian subsidiary. It can undertake only those activities permitted under the applicable regulatory framework. Permitted activities can include certain activities such as export/import, professional or consultancy services, research, technical support and other specified activities, subject to applicable conditions. A Branch Office can therefore be considered where the foreign company wants to conduct specific business activities in India while operating as an extension of the overseas entity. However, because its permitted activities are more restricted than those of an Indian subsidiary, the BO structure needs to be assessed carefully against the company’s intended business model. A branch office vs subsidiary in India comparison should therefore consider permitted activities, legal status, taxation, operational flexibility and the intended duration of the Indian presence. 4. Liaison Office A Liaison Office (LO), also known as a representative office, is primarily intended to facilitate communication between the foreign parent and parties in India. It cannot undertake commercial activities or earn income in India. Its activities are generally limited to functions such as representing the foreign parent, promoting export/import activities, facilitating technical or financial collaborations and acting as a communication channel. This makes a Liaison Office more relevant for companies that want to understand the Indian market, develop relationships and explore opportunities before undertaking commercial operations. In a branch office vs liaison office comparison, the key distinction is that a Liaison Office is limited to liaison and representative functions and cannot carry on income-generating commercial activities in India. 5. Project Office A Project Office (PO) is generally established for executing a specific project in India for which the foreign company has received a contract. Its activities are consequently linked to the execution of that project rather than establishing a general commercial presence. For example, a foreign company awarded an infrastructure, engineering or installation contract in … Read more

A Canadian SaaS company setting up an Indian subsidiary is required to file documentation with the Ministry of Corporate Affairs (MCA) through a consolidated online form known as SPICe+. At least one board director must hold a Director Identification Number (DIN), a permanent identifier issued by the MCA to any individual serving as a director of an Indian company. While most legal advisers convey this much to founders, the precise sequence of documents and procedural steps is frequently left unaddressed. This guide provides a clear and practical account of that process. The incorporation framework is well-established. Thousands of foreign companies complete it each year, and the steps remain consistent regardless of where the parent company is headquartered. Canada does not carry a separate or expedited procedure. The statutory requirements outlined below apply equally to a Toronto-based SaaS founder as they do to one operating from Austin or Singapore. What Does The MCA Actually Require To Incorporate An Indian Subsidiary? The MCA operates through a single consolidated filing called SPICe+ (Simplified Proforma for Incorporating a Company Electronically Plus), which combines name reservation and incorporation into one submission. Part A of the form reserves the company name. Part B addresses incorporation itself, along with linked applications for DIN, the company’s tax registrations (PAN and TAN), its GST number, and its provident fund and employee insurance registrations. Prior to SPICe+, each of these applications had to be submitted separately to different government departments. This consolidation is the principal reason incorporation now proceeds more efficiently than it once did. What previously required 15 to 30 working days before 2020 typically takes 3 to 7 working days under the current framework, once documentation is in order. That reduced timeline, however, applies only once all documents are prepared and verified. For a Canadian parent company, the more time-intensive stage is typically the apostillation of Canadian corporate documents, the official certification process required for documents to be accepted by Indian authorities under international convention. How Long Does It Actually to Incorporate a company From Canada? A realistic timeline for a Canadian SaaS company incorporation runs 3 to 4 weeks from commencement to completion, once apostille requirements for the parent company’s documents are factored in. The total breaks down into the following stages: Digital Signature Certificate and DIN: 3 to 5 working days Name approval through the MCA’s RUN service: 2 to 4 working days Drafting the company’s constitutional documents and filing SPICe+: 5 to 7 working days Certificate of Incorporation issuance: 3 to 5 working days The apostille step is the stage Canadian founders most frequently underestimate. Canadian directors are required to have their identity documents, and in many cases board resolutions from the parent company, apostilled under the Hague Convention before an Indian registrar will accept them. Accounting for this lead time during the initial planning phase avoids unnecessary delays to a projected launch date. Citation detail: India Company Incorporation, 2026 process breakdown for incorporating an Indian subsidiary from Canada. DIN Guide: What Is A DIN, And Who On The Board Actually Needs One? A Director Identification Number, or DIN, is a unique identifier issued by the MCA to any individual seeking to serve as a director of an Indian company. It is obtained by filing Form DIR-3. Every director named on the Indian subsidiary’s board requires one, irrespective of whether they are based in Canada, India, or any other jurisdiction. The DIN is a permanent credential. Once assigned, it remains valid across every Indian company the individual directs throughout their professional career. A Canadian founder who subsequently establishes a second Indian entity is not required to repeat this step for directors who already hold a DIN. One statutory requirement tends to catch Canadian founders off guard more than any other. Under the Companies (Appointment and Qualification of Directors) Rules, at least one director on the board must be a resident of India, defined as an individual who has spent a minimum of 182 days in the country during the preceding calendar year. A board composed entirely of Canada-based directors cannot satisfy this requirement independently. Companies typically address this by appointing a local nominee director, or by having a Canadian founder accumulate the requisite time in India over time. Directors are also required to hold a Class 3 Digital Signature Certificate (DSC) in order to execute filings electronically. These are issued by certifying authorities such as eMudhra, Sify, or Capricorn. The DSC is distinct from the DIN, and both must be obtained before the SPICe+ submission can proceed. What Happens After Incorporation? The Filings That Never Stop Incorporation marks the commencement of a Canadian company’s compliance obligations in India, not the conclusion of them. Once the subsidiary is constituted, several recurring filings come into effect. Once the subsidiary is operational, the following recurring obligations come into effect: Form FC-GPR, filed with the Reserve Bank of India (RBI) within 30 days of allotting shares to the Canadian parent, reporting the foreign investment through RBI’s FIRMS portal. Failure to meet that deadline attracts a late fee, calculated as a base amount plus a percentage of the transaction value for each day of delay, under FEMA’s foreign investment regulations. Annual return (Form MGT-7 or MGT-7A) and financial statements (Form AOC-4), filed annually with the Registrar of Companies. Non-compliance attracts a penalty of ₹100 per day per form, with no upper limit, according to MCA compliance guidance for the 2026 to 2027 financial year. A filing left unaddressed for several months continues to accrue penalties on a daily basis, with no ceiling. Directors’ annual KYC filing. Non-compliance results in the MCA deactivating the director’s DIN, which then requires payment of a ₹5,000 reactivation fee before that individual can execute filings or resolutions. An inactive DIN can effectively suspend board decision-making until the matter is resolved. This is the pattern India Company Incorporation (ICI) observes costing companies the most. Founders treat incorporation as the finish line, then find themselves in breach of a filing obligation several months later because no … Read more

For foreign companies entering the Indian market, GST registration is an important part of establishing a compliant operating structure. The requirement, however, depends on how the foreign business intends to operate in India, whether through an Indian subsidiary, branch or other presence, as a non-resident taxable person, or by supplying certain digital services from outside India. A key consideration for foreign companies establishing an Indian entity is the Permanent Account Number (PAN). PAN is generally required before an Indian entity can proceed with the standard GST registration process. This means that a foreign company planning to establish an Indian subsidiary will typically need to complete the incorporation and PAN process before applying for GST registration. This makes GST registration an important part of the broader India market-entry process rather than a standalone tax registration. Does a foreign company need GST registration in India? GST registration in India is not mandatory for every business solely because it operates in India. The requirement depends primarily on the nature of the business, the type of supplies being made, turnover and the specific provisions applicable to the taxpayer. For domestic businesses, GST registration is generally linked to prescribed turnover thresholds, subject to specified exceptions. However, certain categories are required to register irrespective of turnover. For foreign businesses, GST registration requirements depend on the nature of their supplies, place of supply, and operating model in India. While certain foreign businesses supplying goods or services in India may be required to obtain GST registration, others may be subject to alternative compliance mechanisms, including the reverse charge mechanism applicable to eligible imports of services. Non-resident taxable persons making taxable supplies in India are generally subject to compulsory GST registration under the applicable provisions of the CGST Act. The appropriate GST registration route should therefore be assessed alongside the proposed business structure, place of supply, nature of activities and tax position in India. GST Registration for Domestic Companies: Turnover Threshold For most businesses operating within India, GST registration is governed primarily by an annual aggregate turnover threshold. Under the current rules, a business supplying goods must register once its turnover crosses ₹40 lakh, while a business supplying services must register once it crosses ₹20 lakh, in most states. Certain special category states apply lower thresholds. Below these limits, registration is generally optional, meaning a small business can choose to remain unregistered unless it falls into one of the mandatory categories described below. Turnover is calculated on an aggregate, all-India basis under a single PAN, rather than on a state-by-state basis. A business with operations spread across multiple states must therefore combine its turnover across all such states when determining whether the threshold has been crossed. For foreign companies, however, the turnover threshold should not be considered in isolation. Certain categories of foreign businesses are required to register irrespective of the value of their supplies. Categories Where GST Registration Is Mandatory Regardless of Turnover Even businesses well below the turnover threshold are required to register under GST if they fall into any of the following categories: E-commerce operators and sellers transacting through e-commerce platforms Casual taxable persons undertaking occasional transactions in India Non-resident taxable persons (NRTPs) supplying goods or services in India Businesses required to deduct or collect tax at source under GST Persons making inter-state taxable supplies Agents supplying goods or services on behalf of another registered person Persons liable to pay tax under the reverse charge mechanism Suppliers of online information and database access or retrieval (OIDAR) services from outside India to unregistered recipients in India For these categories, the ₹40 lakh and ₹20 lakh thresholds do not apply, and registration may be compulsory from the outset. Why PAN Is Important for GST Registration For a foreign company planning to establish an Indian subsidiary, obtaining PAN is an important step before GST registration. The sequence generally works as follows: Foreign parent company → Indian entity incorporation → PAN/TAN → GST registration → commencement of relevant business operations and ongoing compliance The Indian company’s PAN is used as part of the GST registration process. Under the GST registration rules, applicants generally declare their PAN when applying through Form GST REG-01, and the PAN is validated against the income-tax database This means that a foreign company cannot simply treat GST registration as the first step in setting up an Indian subsidiary. The underlying Indian entity and its tax registrations need to be established in the appropriate sequence. This is particularly relevant for larger foreign businesses that intend to establish a long-term operating presence in India. Does a Foreign Company Need PAN for GST Registration? Not necessarily. The requirement depends on which GST registration route applies to the foreign business. A foreign company establishing an Indian subsidiary will generally obtain PAN for the Indian company and then proceed with regular GST registration. A foreign business that qualifies as a Non-Resident Taxable Person (NRTP) follows a separate registration process. Under the GST rules, an NRTP applies using Form GST REG-09 and must have an authorised signatory who is resident in India and has a valid PAN. Foreign digital businesses supplying Online Information and Database Access or Retrieval (OIDAR) services from outside India to non-taxable online recipients in India are subject to a specific GST registration and compliance mechanism under Section 14 of the IGST Act, 2017 and Rule 14 of the CGST Rules, 2017. Such suppliers are generally required to register under the simplified registration framework and discharge IGST on the applicable supplies. Therefore, the PAN requirement should be assessed together with the nature of the foreign company’s presence and the applicable GST registration category. GST registration requirement for foreign company The requirements applicable to foreign businesses differ from those applicable to domestic entities. The applicable route depends on the nature of the foreign entity’s presence in India. GST Registration Requirement for Foreign Companies With an Indian Subsidiary A foreign company may establish an Indian subsidiary or operate through another permitted form of presence, depending on its business model and … Read more

The tax and liability differences between a branch office and a subsidiary are structural, not cosmetic. One is a direct extension of the parent, taxed and exposed accordingly. The other is a separate Indian company that ring-fences liability and can access domestic tax treatment unavailable to a branch. Determining the correct structure at the outset avoids the considerably more costly process of restructuring at a later stage. Foreign businesses are strongly encouraged to seek expert guidance before committing to either structure, ensuring regulatory adherence from the point of entry and establishing a subsidiary company or other entity that remains compliant and scalable as their Indian operations develop. A branch office is taxed as a foreign company, while a private limited subsidiary is taxed as an independent Indian domestic company carrying its own separate liability protection. Those distinctions in tax treatment and liability exposure, not the documentation involved in establishing either structure, are what should determine the form a foreign business adopts when entering the Indian market. Conflicting guidance on this point is common, because the two structures address fundamentally different questions. A branch office answers whether a foreign entity can operate in India under its existing legal identity. A private limited subsidiary answers whether that entity requires a separate Indian company capable of raising capital, contracting independently, and containing its exposure. Tax treatment and liability both follow directly from that structural choice. What’s The Core Legal Difference Between A Branch Office And A Subsidiary? A branch office carries no separate legal identity of its own. It is the foreign parent operating in India under a different name, which means the parent bears direct responsibility for whatever the branch undertakes, executes, or owes. A private limited subsidiary, by contrast, is incorporated in India under the Companies Act, 2013, through the Ministry of Corporate Affairs (MCA), as a distinct legal person in its own right. It can own property, initiate or defend legal proceedings, and enter into contracts in its own name. Liability ordinarily remains with the subsidiary, insulating the parent’s broader assets from exposure. That distinction, between an entity that is legally the parent and one that is legally separate from it, is precisely why the tax treatment diverges as well. In practice, this legal separation forms the foundation on which a subsidiary company operates in India as a distinct business entity. How Does India Tax A Branch Office Differently From A Subsidiary? Branch offices are taxed under the foreign company regime, and private limited subsidiaries are taxed as domestic companies. This represents a structurally different framework, not merely a variation in applicable rates. The practical differences break down as follows: – Concessional schemes: Foreign companies, including branch offices, fall outside concessional domestic tax schemes such as Section 115BAA, which are available only to entities incorporated in India. For Assessment Year 2026-27, the Section 115BAA rate remains 22% plus applicable surcharge and health and education cess for eligible domestic companies, while foreign companies continue to be taxed at the rate prescribed under the relevant Finance Act. (Source incometax.gov) – Subsidiary eligibility: A subsidiary company may, subject to prescribed conditions, opt into the lower domestic company tax regime. – Branch eligibility: A branch office cannot opt into that regime, as it was never incorporated in India. – Rate updates: Current rate figures for both categories are revised through each year’s Finance Act, and businesses should confirm the applicable rate for the relevant assessment year rather than relying on figures carried forward from prior filings. Profit repatriation follows a comparable distinction. A subsidiary company distributes profit to its foreign parent as dividends, governed by the Double Taxation Avoidance Agreement (DTAA) between India and the parent’s home jurisdiction. A branch remits profit directly, which is treated under a separate framework. Either route may attract withholding tax, and the applicable rate depends on the specific DTAA in force, a figure best confirmed with a qualified tax advisor prior to repatriation. Which Structure Creates More Liability Exposure For The Foreign Parent? A branch office exposes the foreign parent directly, as the branch and the parent constitute the same legal entity. Any claim brought against the branch in India is, in effect, a claim against the parent company itself. A private limited subsidiary limits that exposure considerably. As a separate legal person, the subsidiary’s debts and legal obligations generally remain with the subsidiary, keeping the parent’s assets beyond the reach of Indian creditors or claimants. Exceptions do exist: courts may, in certain circumstances, disregard that separation and pierce the corporate veil. This consideration often becomes the deciding factor for businesses that have moved beyond the initial market-assessment phase. A liaison presence carries limited risk under either structure. A branch that begins executing large contracts, hiring at scale, or incurring local debt, however, introduces risk the parent may not wish to carry on its own balance sheet. For that reason, many expanding businesses prefer a subsidiary company once operations become substantial. What Approvals Does Each Structure Need? The approval pathway differs substantially between the two options, a distinction that frequently surprises foreign businesses entering India: – Branch office: Requires Reserve Bank of India (RBI) approval under India’s foreign exchange regulations, and is restricted to a defined list of activities under the liaison, branch, or project office categories. – Private limited subsidiary: Incorporated through the MCA under the Companies Act, 2013, with considerably fewer restrictions on permissible activities once registered. – Ongoing compliance: A subsidiary company carries its own company-registry filings, board and secretarial obligations, and statutory audit requirements, all independent of the parent’s home-jurisdiction filings. – Activity scope: A branch office generally cannot undertake full-scale manufacturing or retail trading in the manner a subsidiary can, as its permitted activities are fixed at the approval stage. A branch office may obtain approval more readily for a narrow purpose but becomes difficult to expand once operational. A subsidiary company demands more upfront structuring, yet affords the business the flexibility to grow into new activities without returning to the regulator … Read more

When a foreign company wins a contract that requires an on-ground presence in India, one of the first questions is structural: what type of Indian business structure should actually sign and perform the contract? The three most common options are a Private Limited Company, a Limited Liability Partnership (LLP), and a Branch Office of a foreign parent. Each structure carries different implications for liability, taxation, regulatory requirements, and long-term business flexibility. There is no universally “correct” answer the right choice depends on the nature of the contract, how long the entity needs to operate, how much capital will be repatriated, and how much regulatory friction the parent is willing to absorb. This article walks through how each business structure in India works, where it tends to fit best, and the business registration requirements and trade-offs worth weighing before you commit. 1. Private Limited Company A Private Limited Company, incorporated under the Companies Act, 2013, is a separate legal entity from its shareholders, whether those shareholders are Indian individuals or a foreign parent company For foreign companies considering business registration in India, a Private Limited Company is often the most straightforward structure for establishing a long-term presence and entering into contracts with Indian customers, government bodies, or corporate counterparties. Why it’s often the default choice for foreign companies considering business registration in India Limited liability: Shareholders’ exposure is capped at their share capital, which matters when the contract carries performance risk, warranty obligations, or potential litigation. Lower tax rates:  The corporate tax rate for a private limited company in India is 25% or 30% (excluding surcharge and cess) under the regular tax regime, or a lower concessional rate of 22% or 15% (excluding surcharge or cess) Independent legal identity: The company can contract, own assets, sue and be sued in its own name, insulating the parent from direct exposure under the contract. Familiarity to counterparties: Indian government departments, PSUs, and large corporates are generally most comfortable contracting with a Pvt Ltd company, since the compliance and governance framework is well understood. FDI route: Most sectors allow 100% foreign investment in a Pvt Ltd company through the automatic route, meaning no prior government approval is typically needed (though sector-specific caps and conditions still apply, and these change periodically always check current FDI policy before proceeding). Flexibility for growth: If the contract is the first of several, or if the entity is meant to become a genuine long-term India operation, a Pvt Ltd structure scales more naturally additional contracts, employees, and eventually equity fundraising all fit within this shell. Trade-offs: Higher compliance load: statutory audits, annual filings with the Registrar of Companies, board meeting requirements, and corporate tax at the applicable domestic rate. Profits repatriated as dividends typically attract dividend distribution tax treatment at the shareholder level (rates depend on treaty benefits, if any). Incorporation and ongoing governance take longer to set up than a branch registration in some cases, though in practice Pvt Ltd incorporation in India can now be relatively quick.   2. Limited Liability Partnership (LLP) An LLP, governed by the LLP Act, 2008, is a hybrid: it offers limited liability protection like a company, but with the operational and tax flexibility of a partnership. For businesses evaluating business registration in India options, an LLP can provide a balance between limited liability and operational flexibility, particularly where the proposed activities are service-oriented. Why it can fit: Limited liability with lighter compliance: LLPs are exempt from several company-law formalities no mandatory board meetings, no minimum capital requirement, and generally lighter annual filing obligations compared to a Pvt Ltd company. No dividend distribution tax: Profits can be withdrawn by partners without the additional layer of tax that applies to company dividends, which can make LLPs more tax-efficient for repatriating profits, subject to current rules. Good fit for services and professional contracts: LLPs are commonly used for consulting, professional services, and project-based work where the contracting parties don’t need the full corporate machinery. Trade-offs: FDI restrictions: Foreign investment into LLPs is permitted only in sectors where 100% FDI is allowed under the automatic route and where no performance-linked conditions apply. This rules out LLPs for many sectors that otherwise welcome company-level FDI. Perception and eligibility: Many government tenders, PSU contracts, and larger corporate RFPs require bidders to be a “company” an LLP may be structurally ineligible even if commercially better suited. Conversion friction: Converting an LLP into a Pvt Ltd company later (if the business grows or needs to raise equity capital) is possible but adds cost and procedural steps. Less familiar to some counterparties: Indian public-sector clients in particular may not have templates or precedent for contracting with an LLP.   3. Branch Office A Branch Office is not a separate Indian legal entity it’s an extension of the foreign parent company, permitted to operate in India for specific, RBI-approved activities under FEMA regulations, typically through the Reserve Bank of India / Authorised Dealer bank route. Why companies consider it: No separate incorporation: The branch operates under the foreign parent’s legal identity, which can simplify group-level reporting and avoid setting up a new subsidiary for what may be a single, time-bound contract. Suited to specific, permitted activities: Branch offices are permitted to undertake a limited range of activities, including importing and exporting goods, providing professional or consultancy services, conducting research, and representing the parent company. This structure is therefore well suited to foreign companies seeking to execute a specific contract or project in India without establishing a broader commercial presence. No dilution of ownership or governance structure: Since there’s no separate shareholding to manage, the parent retains direct, undiluted control. Trade-offs: Prior regulatory approval required: Unlike Pvt Ltd company incorporation (largely automatic-route for most sectors), Branch Office registration requires RBI approval, and the parent company generally has to demonstrate a profitable track record and a minimum net worth threshold. This process can take longer and is discretionary. Restricted activities: A branch cannot generally undertake manufacturing or retail trading activities directly, and … Read more

A Canadian SaaS founder establishing an Indian subsidiary must navigate a defined sequence of regulatory steps: obtaining a Class 3 Digital Signature Certificate (DSC), applying for Director Identification Numbers (DINs) through the SPICe+ portal, appointing at least one resident director, and maintaining the ongoing MCA filing calendar. This guide addresses each of those steps in the order they arise, enabling the company to meet its statutory requirements from the outset and avoid incorporation delays. Legal advisers frequently recommend the subsidiary structure without addressing the operational mechanics that follow. Questions concerning which individuals execute which documents, which forms are submitted to which authority, and how often these obligations recur are precisely where most incorporation timelines encounter difficulty. India permits 100% foreign ownership of SaaS and IT services companies under the automatic route, according to KNM India’s 2026 review of India entry strategy for fintech and SaaS firms. No prior approval from the Reserve Bank of India (RBI) or the government is required to establish the entity. It is the documentation, not the ownership structure, that tends to generate friction. What Is A DIN And Why Does Every Director Need One? A Director Identification Number, or DIN, is a unique identifier assigned by the Ministry of Corporate Affairs to any individual serving on the board of an Indian company. Every director, whether Indian or Canadian, must obtain one prior to appointment, according to the MCA and IndiaFilings’ 2026 guide to the DIN process. For a new incorporation, up to three DINs can be requested within the SPICe+ form, the consolidated application used to register a new Indian company. Auto-allotment typically occurs within one to three business days, per Global Law Experts and RegisterKaro’s 2026 guidance. Directors appointed after incorporation must file Form DIR-3 separately. Every director, including those resident in Canada, must also execute Form DIR-2, a formal consent to act as director. Where this signature occurs outside India, as it will for founders based in Toronto or Vancouver, the form must be notarised before submission. One statutory requirement that frequently surprises Canadian founders is the mandatory use of a digital signature. Foreign directors must obtain a Class 3 Digital Signature Certificate (DSC) from a licensed Indian certifying authority before any DIN application or incorporation paperwork can be submitted, given that all MCA filings require digital authentication. Internal link suggestion: Add a link here to the site’s SPICe+ incorporation process page on the text SPICe+ form. Does India Require A Resident Director For A Canadian-Owned Subsidiary? Yes. Section 149(3) of the Companies Act, 2013 mandates that every Indian private limited or public company maintain at least one director who has been physically present in India for 182 days or more during the financial year, which runs from April to March. These days need not be consecutive; they are counted across the year. For a company incorporated partway through the financial year, this requirement applies on a proportionate basis from the date of incorporation. This rule does not apply uniformly across all entry structures. Liaison offices, branch offices, and project offices are exempt from the resident director requirement. These entities instead require an authorised representative resident in India to manage correspondence with the RBI and the Registrar of Companies (RoC), according to Global Law Experts’ 2026 guide on registering a foreign company in India. For most Canadian SaaS companies, the practical approach involves either appointing a trusted local hire or engaging a nominee director service, as relocating a Canadian director to India for six months each year is generally not operationally viable. What Documents Do Canadian Directors Need To Provide? Canadian directors must furnish a defined set of notarised and apostilled documents before any DIN or incorporation filing can proceed. As Canada is a signatory to the Hague Apostille Convention, directors must obtain an apostille rather than embassy attestation. This is a more efficient process than that faced by founders from non-member countries. The core document checklist, drawn from Treelife’s and Commenda’s 2026 guides on registering an Indian company from abroad, comprises the following: Passport, notarised and apostilled Proof of address, such as a bank statement or utility bill, notarised and apostilled, and generally dated within the preceding two months A recent photograph in JPEG format for the MCA filing A board resolution authorising the appointment, on company letterhead, where a nominee director is engaged India’s Ministry of External Affairs (MEA) charges a fixed government apostille fee of ₹50 per document, though total costs including state attestation, agency fees, and courier typically range between ₹400 and ₹1,500 per document. When notarisation, state attestation, and MEA processing are taken into account, the complete procedure generally requires seven to fifteen working days, according to TrueWay International’s 2026 attestation guides. What Changed With DIR-3 KYC In 2026? The most significant change affecting Canadian founders concerns DIR-3 KYC, the identity verification that every director must complete to maintain an active DIN. Under the Companies (Appointment and Qualification of Directors) Amendment Rules, 2025, notified by the MCA and effective March 31, 2026, this verification is no longer an annual obligation. KYC must now be filed once every three years via Form DIR-3 KYC-Web. This does not, however, permit directors to disregard their DIN between filing cycles. Any change to a director’s mobile number, email address, or residential address triggers a mandatory update filing within 30 days, regardless of where the director sits within the three-year cycle. Failure to file carries immediate consequences: the DIN is deactivated. Reactivating a DIN, or filing late, carries a flat ₹5,000 penalty under the Companies (Registration Offices and Fees) Amendment Rules, 2026, gazetted in April 2026. Updating KYC details outside the standard cycle, separate from a late filing, costs ₹500 per update. What Ongoing MCA Filings Should A Canadian Parent Expect? Following incorporation, an Indian subsidiary faces a continuous schedule of MCA filings; post-incorporation compliance is not a one-time registration duty. The most consequential filings cluster around the Annual General Meeting (AGM), and non-compliance attracts penalties that accumulate daily. For the 2025 to 26 … Read more

For a mid-sized European business expanding into India, selecting the right professional services firm involves more than finding a company incorporation provider. The firm should be able to assess the proposed operating model, identify permanent establishment risks, structure cross-border transactions, complete the India company incorporation process, and manage ongoing tax, accounting, payroll, FEMA and Companies Act compliance. India Company Incorporation provides this integrated support to foreign businesses entering and operating in India. Its services cover international tax and entity structuring, permanent establishment assessments, transfer pricing, company incorporation, accounting, payroll, corporate tax, GST, FEMA reporting and ongoing corporate compliance. What Is a Permanent Establishment? A permanent establishment, or PE, is a sufficient business presence in India through which a foreign enterprise carries on all or part of its business. The PE concept is principally found in Article 5 of India’s DTAAs. While treaty wording differs, a PE commonly includes: A place of management; A branch or office; A factory or workshop; A construction or installation project exceeding the treaty threshold; The provision of services in India beyond the specified period; or A dependent agent acting for the foreign enterprise. If a PE exists, India may ordinarily tax the profits attributable to that PE under the business-profits article of the applicable DTAA. A PE does not automatically make the foreign company’s entire worldwide income taxable in India. The taxable amount is generally limited to the income attributable to the functions performed, assets used and risks assumed through the Indian PE. However, determining that amount can lead to extensive transfer pricing enquiries and litigation. Which Indian Laws Determine Whether a PE Exists? India applies a two-level framework when determining the taxability of a foreign enterprise. 1. Income-tax Act, 2025 The Income-tax Act, 2025, effective from 1 April 2026, contains India’s domestic source and nexus rules. Section 9 provides that income arising directly or indirectly through or from a “business connection” in India is deemed to accrue or arise in India. Where all the operations of the foreign enterprise are not carried out in India, only the portion reasonably attributable to operations conducted in India is generally taxable. The domestic-law concept of a business connection is broader than the conventional treaty concept of a PE. It can include business conducted through a person in India who, on behalf of a non-resident: Habitually concludes contracts; Habitually plays the principal role leading to the conclusion of contracts; Habitually maintains stock from which goods are delivered; or Habitually secures orders mainly or wholly for the non-resident or certain related non-residents. Section 9 also recognises a significant economic presence in India as a form of business connection. This can potentially apply to digital and remote businesses even where they do not maintain a physical office in India. Accordingly, a foreign business may have a domestic-law business connection even if it does not have a PE under the applicable treaty. 2. The applicable DTAA India has entered into DTAAs with numerous countries, including the UK, Germany, France, the Netherlands, Belgium, Ireland, Italy, Spain, Sweden, Switzerland and other European jurisdictions. Section 159 of the Income-tax Act, 2025 provides the legislative basis for applying these tax treaties. Where a DTAA applies, the foreign taxpayer may generally rely on the provision that is more beneficial Indian domestic law or the treaty subject to specified anti-avoidance provisions and eligibility requirements. Therefore, the correct analysis is: Determine whether a business connection exists under Section 9; Examine whether a PE exists under Article 5 of the relevant DTAA; Check whether the DTAA has been modified by the MLI; Apply the more beneficial provision where legally available; and Attribute the appropriate income or profits to the Indian activities. A foreign company claiming treaty protection must ordinarily establish its treaty residence and satisfy the applicable documentation requirements, including obtaining a Tax Residency Certificate. 3. The Multilateral Instrument The Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting, commonly called the MLI, may modify the operation of an existing Indian DTAA. The effect of the MLI is not identical for every treaty. It depends on whether India and the other country have both listed the treaty as a covered tax agreement and whether their respective reservations and notifications match. Relevant MLI provisions may: Expand dependent-agent PE rules; Address commissionaire and similar arrangements; Restrict preparatory or auxiliary activity exemptions; Prevent fragmentation of connected business activities; and Counter the artificial splitting of construction contracts. The original DTAA should therefore not be read in isolation. The treaty, relevant protocol, MLI positions and synthesised treaty text must be examined together. What Types of PE Can Arise in India? Fixed-place PE A fixed-place PE may arise where a foreign enterprise has a sufficiently permanent place of business in India through which it conducts its business. The usual tests are: Is there a place of business in India? Is that place fixed or sufficiently permanent? Is the place at the disposal of the foreign enterprise? Is the foreign enterprise carrying on its business through that place? Are the activities substantive rather than merely preparatory or auxiliary? Potential examples include an office, project site, workshop, warehouse or dedicated premises within an Indian subsidiary’s or customer’s office. A home office used by an employee may also require examination. Remote working from India does not automatically create a PE, but the risk increases where the arrangement is continuing, commercially necessary and effectively required or accepted by the foreign employer. Dependent-agent PE A foreign company may create a dependent-agent PE even without maintaining premises in India. This risk commonly arises where an Indian employee, consultant, distributor or group company acts on behalf of the foreign enterprise and: Habitually concludes contracts; Habitually negotiates essential contractual terms; Plays the principal role leading to contracts; Regularly secures orders for the foreign company; Maintains and delivers goods on its behalf; or Works almost exclusively for the foreign enterprise without genuine independence. Merely arranging for contracts to be signed outside India may not prevent a PE … Read more

Setting up a wholly owned subsidiary in India means working through seven steps in order starting with a Digital Signature Certificate and finishing with the FC-GPR filing to the Reserve Bank of India. All told, you’re looking at between USD 7,500 and USD 20,000 when using a local service provider, not counting initial capitalisation (India Company Incorporation – Company Registration Cost in India 2026). FDI equity inflows from April to December 2025 hit USD 47.87 billion — a 22% year-on-year increase (IBEF, citing DPIIT data, 2025). The business case for setting up a wholly owned subsidiary in India has rarely been stronger. The following is a detailed walkthrough of each stage, with associated costs at every step. What Are The Key Steps To Set Up A Wholly owned subsidiary In India from United States and United Kingdom? The process moves through seven sequential stages, with a total timeline of 7 to 21 working days under standard conditions on the MCA V3 portal via SPICe+, according to Global Law Experts (2026). Delays tend to crop up when the RoC spots document discrepancies or during peak filing periods. Step 1: Obtain Digital Signature Certificates (DSCs). Every proposed director needs a Class 3 DSC, costing INR 2,000 to INR 6,000 per certificate (indiacompanyincorporation.com, 2026). Step 2: Reserve a company name via RUN (Reserve Unique Name) or SPICe+ Part A. You submit two name options to the Registrar of Companies (RoC). No separate fee applies beyond the SPICe+ filing. Step 3: Prepare and file the SPICe+ form (Part B). This single form covers incorporation, DIN allotment for directors, PAN, TAN, EPFO, ESIC, and a bank account opening request. The MCA filing fee for authorised capital up to INR 15,00,000 comes to INR 500. If your capital goes above that threshold, the fee is INR 500 plus INR 300 for every additional INR 10,00,000 (mca.gov.in, 2026). Step 4: Draft and file the MOA and AOA. These are the constitutional documents that set out the subsidiary’s objects and governance structure. Stamp duty varies by state and this is where costs start to diverge meaningfully, as we’ll cover further below. Step 5: Receive the Certificate of Incorporation (COI), PAN, and TAN. All three are now issued at the same time through the SPICe+ process. Step 6: Open a bank account and remit share capital. The authorised dealer (AD) bank handles the inward remittance. AD bank charges range from INR 5,000 to INR 50,000 (globallawexperts.com, 2026). Step 7: File Form FC-GPR with the RBI within 30 days of share allotment. Professional fees for this filing come to roughly USD 132. As Bansi Shah, Lead- International Clients Group at Ascentium Indai, put it in May 2026: “With the Enforcement Directorate stepping up scrutiny of FEMA violations in 2025, especially delayed FC-GPR filings, these reporting timelines matter a lot more.” Filing late incurs a penalty of Rs. 7,500 plus 0.025% of the transaction amount, multiplied by the number of days the filing is late.     Registering from the UK and US: A Practical Checklist If the parent company is incorporated in the UK or the US, there’s a short additional checklist worth following to keep incorporation and RBI/AD bank processing running smoothly in India: Core corporate documents: certified true copies of the Certificate of Incorporation, Memorandum and Articles of Association, a current extract of the register of directors/secretary (Companies House for the UK; the relevant State Secretary of State for the US), and a board resolution approving the investment and authorising a signatory for the India incorporation. Notarisation and apostille: all overseas corporate and KYC documents need to be notarised and apostilled. For UK documents, the FCDO issues the apostille after notarisation; for US documents, it’s the Secretary of State in whichever state the document was notarised. India accepts apostilled documents under the Hague Convention, which both the UK and US have signed up to. Power(s) of Attorney and authorised signatory proof: executed POAs, where used, must be notarised and apostilled; banks and the RoC will usually want the authorised signatory’s notarised passport and proof of address. KYC and beneficial ownership: passport copy, recent residential address proof, and director/beneficial owner declarations (notarised and apostilled). Be prepared for AD banks to ask for extra proof of where the funds came from (audited financials, bank statements) for cross-border remittances from the UK/US. Tax residency and treaty documents: if the parent wants to claim benefits under the India–UK or India–US tax treaty, get a tax residency certificate (TRC) from HMRC (UK) or the relevant US tax authority and keep certified copies for the AD bank and tax filings in India. Translations and local format: UK and US documents are in English and don’t normally need translating, but make sure certified copies meet RoC and bank requirements (some banks insist on specific formatting or apostille placement). RBI/FC‑GPR and AD bank coordination: get in touch with the authorised dealer bank in India early; they’ll certify the inward remittance and guide you through the FC‑GPR filing details (valuation certificate, share allotment schedule). Delays usually come down to incomplete bank KYC or not enough proof showing where the funds came from in the UK/US parent account. Resident director options: if the UK/US parent can’t appoint an Indian resident director, use a reputable resident director service or appoint a local director via the board resolution before filing SPICe+. What Does It Actually Cost to Incorporate a Wholly Owned Subsidiary in India in 2026? Total cost comes down to three main things: which state you register in, how much authorised capital you choose, and whether you hire a chartered accountant, company secretary, or full-service provider. Professional fees on their own run from INR 25,000 to INR 2,00,000 or higher (indiacompanyincorporation.com, 2026). Combined government filing fees and stamp duty fall between INR 7,000 and INR 30,000, subject to authorised capital and the chosen state of registration. It’s worth paying close attention to the state-level differences. Delhi has the lowest combined stamp duty at roughly USD 34, while West Bengal reaches about USD 64 for the same authorised capital bracket … Read more