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How to Register an Indian Subsidiary: A Comprehensive Guide

Table of Contents

Overview

If you want to expand your company globally ,then India is one of the largest and fastest growing economics in the world which offers multiple development potentials .By taking Indian Subsidiary the international business may set up shop locally and can access the huge Indian market while still having operational control.

In this article will go through all the points related to Indian Subsidiary such as exactly what an subsidiary is ,what all documents are needed ,which license is mandatory ,also the pros and cons of Indian subsidiary ,how to create an Indian Subsidiary online with the help of Associate Buddy.

An Indian subsidiary: what is it?

A corporation that is owned by a foreign entity but is incorporated in India is known as an Indian subsidiary. Because it owns the majority of the subsidiary’s share capital, the parent company has the ability to direct and affect how the subsidiary operates. Indian subsidiaries are subject to local rules and regulations, including the Companies Act of 2013.

A corporation that is owned by foreign

Key Features of an Indian Subsidiary

  • Separate Legal Entity: An Indian subsidiary is a separate legal entity from its parent company.
  • Shareholding: Foreign parent companies can hold up to 100% equity in the subsidiary, depending on the industry sector.
  • Operational Flexibility: The subsidiary can carry out full-fledged operations in India.
  • Compliance: Must adhere to Indian corporate laws, tax regulations, and sector-specific guidelines.

Documents Required for Registering an Indian Subsidiary

To register an Indian subsidiary, the following documents are typically required:

  1. Parent Company Documents:
    • Certificate of incorporation of the parent company.
    • Memorandum and Articles of Association of the parent company.
    • Board resolution authorizing the establishment of the subsidiary.
  2. Subsidiary Company Documents:
    • Proposed name of the subsidiary.
    • Memorandum and Articles of Association of the subsidiary.
    • Proof of registered office address.
    • Details of directors and shareholders, including their identification and address proof.
  3. Other Documents:
    • Digital Signature Certificates (DSCs) for directors.
    • Director Identification Numbers (DINs) for directors.
    • Notarized copy of the passport of foreign directors (if applicable).

Essential Licenses and Registrations for an Indian Subsidiary

  1. Director Identification Number (DIN): Each director must obtain a DIN.
  2. Digital Signature Certificate (DSC): Required for signing electronic documents.
  3. Name Approval: Approval of the proposed name of the subsidiary from the Ministry of Corporate Affairs (MCA).
  4. Incorporation Certificate: Issued by the Registrar of Companies (RoC) after verifying the submitted documents.
  5. Permanent Account Number (PAN): Required for tax purposes.
  6. Tax Deduction and Collection Account Number (TAN): Necessary for tax deduction at source.
  7. Goods and Services Tax (GST) Registration: Mandatory for conducting business in India.
  8. Import Export Code (IEC): Required if the subsidiary plans to engage in import-export activities.
  9. Shops and Establishment Act Registration: For operational compliance with local labor laws.
  10. Professional Tax Registration: Applicable in certain states for business operations.

Benefits of Having an Indian Subsidiary

Benefits of Having an Indian Subsidiary

  • Market Access: Facilitates market access into India.
  • Limited Liability: Protects the main business from the debts of its subsidiaries.
  • Control: Enables operational control to be maintained by the parent firm.
  • Reputation: Creates credibility with partners and customers in India.
  • perks from Taxation: The Indian government offers a range of tax perks and incentives.

Drawbacks of an Indian Subsidiary

  • Regulatory Compliance: Necessitates compliance with Indian laws and regulations.
  • Initial Costs: Requires substantial administrative expenses and an initial investment.
  • Challenges in Operational Management: The management of operations in a distinct regulatory and cultural environment can be difficult.
  • Taxation: Subject to regulatory scrutiny and Indian corporate taxes.

Registering an Indian Subsidiary Online through Associate Buddy

Registering an Indian subsidiary can be complex, but Associate Buddy simplifies the process with expert guidance and streamlined services. Here’s how Associate Buddy can help:

  1. Consultation: Associate Buddy provides you initially consultation to understand your business needs and objectives.
  2. Documentation: we gives you proper assistance in preparing and filing all necessary documents.
  3. Name Approval: We help you  with the name approval process from the MCA.
  4. Incorporation: Facilitation of the incorporation process, including obtaining the Certificate of Incorporation.
  5. Licenses and Registrations: Support in acquiring all required licenses and registrations.
  6. Compliance: Ongoing compliance support to ensure adherence to Indian laws and regulations.

Compliances for an Indian Subsidiary

  1. Annual Filings: Filing annual returns and financial statements with the RoC.
  2. Statutory Audits: Conducting regular audits as per Indian laws.
  3. Tax Returns: Filing income tax, GST, and other tax returns.
  4. Board Meetings: Holding regular board meetings and maintaining minutes.
  5. Secretarial Compliance: Adhering to secretarial standards and maintaining statutory registers.

Conclusion

 If you seek to establish your corporation in Indian subsidiary it would be strategic move for remote companies aiming to expand their brand in India . Therefore, this process involve multiple steps and adherence to various regulations ,this process can be done hassle free by partnering with a reliable service provider like Associate Buddy . With our expertise, you can efficiently complete the task without complexities of registration and compliance, allowing you to focus on leveraging the vast opportunities the Indian market offers.

For more detailed information and personalized assistance, visit Associate Buddy.

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