Doing Business in India

Why Invest in India

India offers a large consumer market and a range of manufacturing and services opportunities. The country has a liberalised foreign direct investment (“FDI”) framework, with foreign investment permitted up to 100% (hundred percent) under the automatic route in most sectors, subject to applicable sectoral conditions and other regulatory requirements. The right entry form depends on the actual activity, sectoral FDI rules, tax position and local permits.

For foreign investors and international businesses, doing business in India means navigating a federal legal system, sector-specific FDI caps, Foreign Exchange Management Act, 1999 (“FEMA”), and multiple regulators. Choosing the right entry strategy at the outset determines your compliance burden, tax exposure, repatriation flexibility, and ability to scale, making early legal and structuring advice critical.

We take you through:

• A snapshot of the core FDI norms and the regulatory framework.
• A broad description of entry strategies for the Indian market.
• Evaluation of six common forms of entry: subsidiary company, joint venture, LLP, branch office, liaison office and project office.
• Assessment of process, timelines, and approvals for each structure, with FAQs.
• Finally, how the Firm may assist any foreign investor seeking to invest in India.

FDI Policy & Regulatory Framework in India

Foreign investment is governed by FEMA and its rules governing foreign investment and non-debt instruments, the applicable FDI policy and press notes/ press releases issued by Department for Promotion of Industry and Internal Trade (“DPIIT”), and sector-specific laws. The regulatory framework is subject to amendments from time to time, and an investor is advised to check the latest operative notification as well as the policy summary before investing. The key regulators that an investor needs to be aware of are as follows:

• Reserve Bank of India (RBI) — administers relevant FEMA regulations and directions and reporting. Authorised Dealer (“AD”) Category-I banks act as the principal interface for a range of FEMA transactions and handle ordinary branch, liaison and project office applications, with RBI or government reference, where required.
• DPIIT / Government of India — sets sectoral FDI caps and administers the government-approval route.
• Ministry of Corporate Affairs (“MCA”) — regulates company and LLP incorporation under the Companies Act, 2013 and the LLP Act, 2008.

Automatic Route vs. Government Route

There are two routes available for foreign investment: the automatic route and the Government approval route. Each is explained below:

• Automatic route – no prior central government approval is required for the foreign investment under the automatic route. However, this is subject to the entry conditions, pricing guidelines, sectoral conditions, licences, reporting and any applicable investor-based restrictions.
• Government approval route — prior government approval is required where the sector or investor-specific rule calls for it. The investor is advised to check the current FDI-approval channel and conditions before applying for the approval. An important point to note is that approval may be required where the investor comes from a country sharing a land border with India, even if the sector otherwise falls under the automatic route.

Sectoral Caps (illustrative)

• Examples of sectors permitting 100% foreign investment under the automatic route include several manufacturing and software activities, telecom services, single-brand retail trading (subject to applicable sourcing conditions). Insurance companies may also receive foreign investment up to 100% subject to the applicable insurance laws, regulations and sectoral conditions. LIC is treated separately, with foreign investment capped at 20%. These examples are illustrative and do not substitute for a sector-specific review of the applicable foreign investment rules and conditions.
• Government-route or capped sectors include multi-brand retail trading (up to 51%, with conditions), digital news media (up to 26%), and investment above the automatic thresholds in certain other sectors.
• Different thresholds apply to defence, private security agencies and space activities, scheduled air transport and certain other sectors (including petroleum refining by public sector undertakings, broadcasting, the pension sector, power exchanges and securities-market infrastructure).
• Prohibited sectors for foreign investment include lottery (including online lotteries), gambling and betting (including casinos and online betting), chit funds, Nidhi companies, trading in Transferable Development Rights (TDRs), real estate business or construction of farm-houses, atomic energy, and railway operations (other than the permitted railway activities), and the manufacture of cigars, cheroots, cigarillos and cigarettes of tobacco or tobacco substitutes. It is pertinent to note that certain activities commonly understood as part of real estate business are not considered real estate business under the foreign investment regulation. These include development of townships, construction of residential or commercial premises above certain thresholds, roads or bridges, or investment in SEBI-registered REITs.

Sectors Requiring Government Approval / Carrying Conditions

Land-border-country investment: In 2020, a requirement for prior government approval (the Government route) was introduced for investment by an entity of a country sharing a land border with India, or where the beneficial owner of the investment was situated in or was a citizen of such a country. A subsequent direct or indirect transfer of ownership resulting in beneficial ownership falling within the restriction also requires prior Government approval. This rule does not constitute a blanket prohibition on investment from such countries; rather it moves investments falling within the specified restriction from the automatic route to the Government route. Further, a citizen of Pakistan or an entity incorporated in Pakistan may invest only under the Government route and, in addition, is excluded from investment in defence, space, atomic energy and other sectors or activities prohibited for foreign investment.

The restriction on investment from countries that share a land border with India was further clarified in May 2026. Through an amendment, the Government clarified the scope of what would constitute beneficial ownership. The term “beneficial owner” is linked to the definition under the Prevention of Money-laundering Act, 2002 and the criteria under the Prevention of Money-laundering (Maintenance of Records) Rules, 2005. The amendment also specifies circumstances in which beneficial ownership of an investor entity incorporated or registered in a third country is treated as vested in a country sharing a land border with India. These include rights or entitlements exceeding the applicable ownership thresholds, the ability to exercise control over the investor entity, or the ability to exercise ultimate effective control over the Indian investee entity.

The amendment also provides that an investor entity having direct or indirect ownership by a citizen or entity of a land-border country, but whose investment does not otherwise require prior Government approval, is subject to reporting requirements specified by the RBI. Accordingly, an indirect minority holding should not be treated as automatically requiring Government approval merely because such a holding exists; the applicable beneficial-ownership, control and ultimate-effective-control tests must be considered. Any subsequent change in ownership should be reassessed if it could cause the investment to fall within the Government-approval requirement. The land-border-country restriction operates in addition to the applicable sectoral caps, entry routes and other conditions under the FEMA framework. These requirements may change periodically, so the position should be confirmed against the rules applicable to the relevant sector and investment structure at the time of investment.

Key compliance touchpoints

An investor investing in an Indian entity will need to comply with the following:

• Reporting of foreign investment to RBI via the Single Master Form (SMF) on the FIRMS portal.
• Pricing guidelines for issuance/transfer of shares to non-residents.
• Sectoral conditions (minimum capitalisation, local sourcing, FDI-linked performance conditions).
• Downstream investment and “indirect foreign investment” rules where an Indian entity is itself foreign-owned.

Entry strategies for foreign investors: How to choose the right structure

There is no single “correct” entry vehicle for a foreign investor. The appropriate structure depends on the business objectives of the investor, the nature and duration of its proposed activities in India, the applicable FDI regime, and the associated tax, regulatory and compliance considerations. Before selecting a form of entry, foreign investors should weigh:

• Objective in India: Clarify whether the intent is establishing a sales and manufacturing presence, conducting liaison/representative activities, or executing a specific project or contract.
• Liability exposure: Evaluate whether the investor’s global assets should be shielded from Indian liabilities through a corporate veil.
• FDI sector cap and route: Determine whether the target sector permits 100% investment through the automatic route or requires prior government approval.
• Taxation: Assess Indian tax residency implications, withholding on repatriation and transfer pricing exposure.
• Repatriation of profits/capital: Compare the operational ease of dividend repatriation with the stricter remittance restrictions governing branch/ liaison offices
• Establishment timing and ongoing compliance: Structural pathways and associated timelines differ significantly. Incorporating a company involves incorporation, bank onboarding, and, where applicable, sector-specific licences and registrations, whereas establishing a branch, liaison, or project office involves the applicable RBI/ AD Category-I bank process and approvals. Timelines may vary depending on the structure adopted and the applicable regulatory requirements.
• Exit strategy: Compare formal closure, tax clearance obligations, foreign-exchange and contract obligations across the chosen forms.

For an ongoing revenue-generating operation, the investor should generally compare an Indian subsidiary, JV or eligible LLP. A liaison office is restricted to liaison activities and cannot undertake commercial operations or earn income in India. A project office is tied to a specified contract, and a branch office is limited to permitted activities under the applicable RBI framework. The appropriate structure should be determined based on the investor’s proposed activities, applicable sectoral and regulatory conditions, and the approvals required.

Forms of entry for foreign investors in India

Subsidiary Company (Wholly Owned Subsidiary or Majority-Owned JV)

A subsidiary is a private (or public) limited company incorporated under the Companies Act, 2013, in which a foreign parent holds control, including through control of the composition of its board of directors or by exercising control of more than one-half of its total voting power. It is the most common entry route for foreign investors seeking a full operating presence, as it is a distinct Indian legal entity offering limited liability, easy fundraising, and eligibility for most government incentives.

Process (indicative):

A foreign investor may establish a subsidiary in India through the following indicative process:

• Obtain Digital Signature Certificates (“DSC”) for proposed directors to enable them to affix DSCs to the incorporation filings;
• Reserve a company name via the SPICe+ Part A service;
• File SPICe+ Part B with the Memorandum of Association (MoA), Articles of Association (AoA), and other incorporation documents (director/subscriber KYC, registered office proof) of the company along with the linked incorporation forms and declarations, as applicable;
• Receive the Certificate of Incorporation, Permanent Account Number (PAN), and Tax Deduction and Collection Account Number (TAN) from the Registrar of Companies (RoC);
• The company should apply for International Securities Identification Number (ISIN) through the Registrar and Transfer Agent, and make the necessary arrangements with a depository for issuance and holding of securities in dematerialised form;
• Open a bank account and receive the foreign investment through permitted banking channels, in accordance with the applicable FEMA requirements;
• In parallel, the shareholders should open demat accounts for credit of securities in demat form;
• File Form FC-GPR with RBI within 30 (thirty) days of share allotment to report the foreign investment, in accordance with applicable RBI reporting requirements.

Timeline: Incorporation timeline may be impacted by document legalisation, name review, bank onboarding and any sector approval required. Incorporation itself may take about 2 (two) to 3 (three) weeks if all documents are received in time. The actual timeline will depend on the completeness of documentation, MCA processing, regulatory approvals (if any), banking requirements and other transaction-specific considerations.

Approvals required:

• Automatic-route investment does not need prior government FDI approval, but the applicable sectoral cap, entry conditions, pricing requirements, regulatory approvals, investor and reporting conditions must be complied with.
• Obtain government-route approval before investment when the applicable sector or investor-specific rule requires it.
• File Form FC-GPR after the company issues eligible equity instruments to a non-resident (generally within 30 days), and check Foreign Liabilities and Assets (FLA) annual-return applicability against the actual balance sheet.

Dematerialisation of shares

An Indian private company that is a subsidiary of a foreign company/ body corporate can issue new securities only in dematerialised form. For holding shares in dematerialised form, the shareholder, i.e., the investor will need to open a demat account. The Securities and Exchange Board of India (SEBI) requires a valid Permanent Account Number (PAN) along with other applicable KYC requirements for all participants in the Indian securities market regardless of nationality.

Frequently Asked Questions

Joint venture with minority participation

A joint venture (JV) is an Indian corporate entity or Limited Liability Partnership (LLP) incorporated jointly with an Indian partner. Where the foreign partner holds a controlling stake in the Indian company, it will qualify as a subsidiary. JVs with a minority stake are common where the Indian partner brings valuable local market knowledge, distribution networks, regulatory licences or land access, or where sectoral FDI caps restrict foreign ownership beyond a certain percentage.

Process (indicative):

• Negotiate and execute a Joint Venture Agreement / Shareholders’ Agreement covering equity split, governance, reserved matters, deadlock resolution, exit and non-compete provisions, as applicable and subject to applicable law.
• Incorporate the JV company (MCA/SPICe+ process as a subsidiary) or invest in an existing Indian company
• Subscribe to shares per the agreed cap table and in accordance with the applicable FEMA pricing, mode of payment and sectoral requirements
• File Form FC-GPR with RBI for the foreign investor’s share subscription
• Align the JV’s Articles of Association with the shareholders’ agreement (board composition, transfer restrictions, tag-along/drag-along), to the extent legally permissible

Typical timeline: 4–8 weeks, largely driven by JV agreement negotiation rather than the incorporation itself. The actual timeline may vary depending on the complexity of the transaction, regulatory approvals, foreign investor KYC and banking requirements.

Approvals required:

• The applicable sectoral FDI cap, entry route and sector-specific conditions apply to the foreign investment in a JV in the same manner as they apply to investment in an Indian subsidiary. Where the investment falls under the automatic route, no prior Government approval is required, subject to compliance with the applicable sectoral conditions and other FEMA requirements. Where the investment falls under the Government route, prior Government approval is required before undertaking the investment.
• Investor-specific restrictions should also be checked separately, including the restrictions applicable to investments by entities of countries sharing a land border with India or where the beneficial owner of the investment is situated in, or is a citizen of, such a country.

Frequently Asked Questions — Joint Venture

Limited Liability Partnership (LLP)

An LLP is a separate legal entity governed by the LLP Act, 2008. It combines the limited liability of a company with the operational flexibility of a partnership. A person resident outside India may invest in an LLP by capital contribution or by acquiring profit shares and such investment is permitted under the automatic route only in sectors where 100% FDI is allowed under the automatic route with no FDI-linked performance conditions. Accordingly, for eligible sectors, an LLP can be a leaner alternative to a company (e.g., many advisory and consulting services), although regulated professions remain subject to their professional regulators’ rules.

Process (indicative):

• Obtain DSC for designated partners
• Reserve LLP name via the RUN-LLP service or propose it within FiLLiP itself. An approved name is valid for 90 days.
• File FiLLiP (incorporation form) with subscriber/partner KYC, registered office proof and consents.
• Execute and file the LLP Agreement (Form 3) within 30 days of incorporation
• For a foreign capital contribution/profit share, file Form LLP(I) within 30 days of receipt of consideration. For a reportable resident/non-resident transfer or disinvestment, file Form LLP(II) within 60 days of receipt of funds. FC-GPR applies only to a company’s equity instruments.

Timeline: It depends on completeness of the incorporation papers, bank onboarding and sector eligibility. However, the incorporation itself can typically be completed in 2–3 weeks from the date of submission of the documents if all the documents are in order. Foreign funds should be received and Form LLP(I) should be filed only after incorporation and opening of the bank account.

Key considerations:

• Foreign investment in an LLP is ordinarily available in a sector permitting 100% FDI on the automatic route without FDI-linked performance conditions.
• A company with foreign investment can convert into an LLP under the automatic route if the sector falls within 100%-automatic-route and no-FDI-linked-performance-conditions are specified, and the other applicable requirements, are met.
• Designated partners must include at least one person resident in India.

Frequently Asked Questions — Limited Liability Partnership

Branch Office

A Branch Office (“BO”) is not a separate legal entity; it is an extension of the foreign parent entity, permitted to conduct specified commercial activities in India (for example: export/ import of goods, professional/ consultancy services, research, representing the parent as a buying/ selling agent, IT and software services, technical support for products supplied by the parent entity). A BO may undertake only those activities permitted under the FEMA framework. A BO cannot carry out manufacturing or retail trading activities directly; however, a BO established in a Special Economic Zone (“SEZ”) may undertake manufacturing or service activities, subject to the applicable conditions. A BO may remit its profits outside India, net of applicable Indian taxes, and subject to the prescribed conditions and documentation.

Process (indicative):

• For a BO, the foreign applicant generally needs a profit-making track record in the immediately preceding five financial years and net worth of at least USD 100,000, subject to the applicable FEMA framework. Where the applicant is a subsidiary that does not satisfy the prescribed financial criteria, it may submit a Letter of Comfort from its parent/ group company, subject to the prescribed conditions.
• Submit Form FNC and supporting documents to a designated AD Category-I bank; the bank performs due diligence and handles the ordinary permission process. The designated AD Category-I bank considers the application in accordance with the applicable FEMA framework and, where satisfied with the applicant’s eligibility and compliance with the prescribed requirements, may grant approval.
• Before issuing its approval letter, the designated AD Category-I bank forwards the Form FNC and proposed approval details to the RBI for allotment of a Unique Identification Number (“UIN”). Upon receipt of the UIN from the RBI, the AD Category-I bank issues the approval letter. Certain categories of applicants require prior RBI approval and consultation with the Government, as applicable.
• Registration with MCA/ Registrar of Companies is mandatory for a foreign company establishing a branch office as a place of business in India. Form FC-1 is required to be filed with the prescribed documents within 30 days of actual establishment of that place of business under section 380 of the Companies Act and rule 3 of the Companies (Registration of Foreign Companies) Rules, 2014. The clock does not run merely from an AD-bank permission or RBI general permission; the foreign company must confirm the actual establishment date. This is separate from the FEMA/ AD-bank process.
• Obtain PAN, open a bank account, and register for GST if applicable, and obtain any other sector-specific registrations, licences, or approvals applicable to the BO’s activities.
• Annual Activity Certificate (“AAC”) to be filed with the designated AD Category-I bank/RBI confirming the BO’s activities remain within the approved scope

Timeline: It depends on the completeness of the documentation, review by the designated AD Category-I bank, allotment of the UIN by the RBI, and any RBI, Government or sector-specific approvals or consultations that may be required.

Approvals required:

• AD-bank permission is generally required for a branch; the designated AD Category-I bank may grant permission under the applicable FEMA framework. Certain applicants or activities may, however, require prior RBI approval and/ or consultation with the Government or the relevant sectoral regulator.
• The applicable FEMA framework and RBI Master Direction should be reviewed to determine whether the proposed applicant, activities or sector require prior RBI approval, Government consultation or any additional sector-specific approval.
• Register the branch office with the MCA/Registrar of Companies by Form FC-1 within 30 days of establishment of its Indian place of business, separately from AD-bank permission.

Frequently Asked Questions — Branch Office

Liaison Office (Representative Office)

A Liaison Office (“LO”) acts purely as a communication and representation channel between the foreign parent entity and Indian parties; it cannot undertake any commercial, trading, or industrial activity, and cannot generate any income in India. Permitted activities are limited to representing the parent, promoting import/ export, facilitating technical/ financial collaborations, and acting as a communication channel. All expenses must be met entirely through inward remittances from the parent (no local revenue is permitted).

Process (indicative):

• A liaison office generally requires a profit-making track record during the preceding three financial years in its home country and at least USD 50,000 net worth, with an eligible group Letter of Comfort route, where prescribed. These differ from the branch tests.
• Apply to the designated AD Category-I bank on Form FNC. Before issuing the approval letter, the designated AD Category-I bank forwards the Form FNC and proposed approval details to the RBI for allotment of a UIN. The approval letter is issued by the AD Category-I bank after receipt of the UIN from RBI.
• Liaison office permission is generally for three years, but a shorter two-year period applies to specified NBFC and construction/ development cases. Hence, the foreign entity must check renewal and sector exceptions. The designated AD Category-I bank may extend the validity of an LO for a further three years, subject to the prescribed conditions, including submission of Annual Activity Certificates for the previous years and compliance with the conditions governing the LO’s bank account.
• Registration with MCA/ Registrar of Companies is mandatory for a foreign company establishing a liaison office as a place of business in India. Form FC-1 is required to be filed with the prescribed documents within 30 days of actual establishment of that place of business under section 380 of the Companies Act and rule 3 of the Companies (Registration of Foreign Companies) Rules, 2014. The clock does not run merely from an AD-bank permission or RBI general permission; confirm the actual establishment date. This is separate from the FEMA/AD-bank process.
• Obtain PAN and register with local authorities as applicable; file Annual Activity Certificate each year with the designated AD Category-I bank, in accordance with the prescribed timeline.

Timeline: It depends on the completeness of the documentation, review by the designated AD Category-I bank, allotment of the UIN by the RBI and any RBI, Government or sector-specific reference that may be required.

Approvals required:

• AD-bank permission is generally needed before a liaison office operates; the designated AD Category-I bank may grant permission under the applicable FEMA framework after obtaining the UIN from the RBI. Certain cases require prior RBI approval and/or consultation with the Government, as applicable.
• The actual approval period must be verified and an extension sought before expiry, if the activity will continue.
• Register the liaison office with the MCA/Registrar of Companies by Form FC-1 within 30 days of establishing its Indian place of business. It is worth noting that an AD-bank permission alone is not equivalent to MCA registration.

Frequently Asked Questions — Liaison Office

Project Office

A project office (“PO”) is a temporary extension of the foreign company in India for executing a specific project/ contract. A foreign company may establish a Project Office where it has secured a contract from an Indian company to execute a project in India and the prescribed funding and regulatory clearance conditions are satisfied. The validity of the Project Office is generally linked to the tenure of the project.

Process (indicative):

• Confirm that the foreign company has secured a contract from an Indian company/entity to execute a project in India and that the project satisfies at least one of the prescribed conditions: (i) the project is funded directly by inward remittance from abroad; (ii) the project is funded by a bilateral or multilateral International Financing Agency; (iii) the project has been cleared by an appropriate authority; or (iv) the Indian company/entity awarding the contract has been granted a term loan by a Public Financial Institution or a bank in India for the project.
• Submit Form FNC and the prescribed supporting documents to the designated AD Category-I bank. The application is considered by the AD Category-I bank in accordance with the RBI Master Direction – Establishment of Branch Office (BO)/ Liaison Office (LO)/ Project Office or any other place of business in India by foreign entities and the applicable FEMA regulations. Where the proposal falls within a category requiring prior RBI approval, the application is forwarded by the AD Category-I bank to the RBI for consideration.
• Registration with the MCA/Registrar of Companies is mandatory for a foreign company establishing a project office as a place of business in India. Form FC-1 is required to be filed with the prescribed documents within 30 days of actual establishment of that place of business under section 380 of the Companies Act and rule 3 of the Companies (Registration of Foreign Companies) Rules, 2014. The clock does not run merely from an AD-bank permission or RBI general permission; confirm the actual establishment date. This is separate from the FEMA/AD-bank process.
• Open the bank account through the designated AD Category-I bank. A PO may open a non-interest-bearing foreign-currency account where the prescribed conditions are satisfied, including that the contract specifically provides for payment in foreign currency. Each PO may open up to two foreign-currency accounts, generally one in USD and one in the home currency of the project awardee, provided both are maintained with the same AD Category-I bank. The permitted credits and debits are restricted to those specified under the RBI framework, and the foreign-currency accounts are required to be closed on completion of the project.
• During the project, comply with the applicable RBI/AD-bank conditions and submit the Annual Activity Certificate as at 31 March each year to the designated AD Category-I bank. For a PO, the AAC includes the project status and certification that no inter-project funds transfer has been made without prior RBI approval.
• At completion of the project, follow the applicable closure and remittance procedure through the designated AD Category-I bank, including submission of the prescribed auditor’s certificate and confirmation regarding Indian liabilities and pending legal proceedings. Intermittent remittance of surplus may also be permitted by the AD Category-I bank before completion/winding up of the project, subject to the prescribed auditor/Chartered Accountant certificate and undertaking that the remittance will not affect completion of the project and that any shortfall in meeting Indian liabilities will be met by inward remittance from abroad.

Timeline: It depends on the project contract, funding structure, AD-bank due diligence, supporting documents and whether the proposal requires reference to RBI or any other authority. Where approval is granted by the AD Category-I bank, the office should be established within six months of the approval; however, the AD Category-I bank may grant a further six months where the office could not be established for reasons beyond the applicant’s control. Any subsequent extension will require RBI approval.

Approvals required:

• RBI general permission can apply when one of the prescribed conditions on funding or clearance of the Indian project is met. Complete the required AD-bank steps.
• If general-permission conditions are not met, seek advice on the required RBI reference and sector approval. A contract awarded by a private Indian company is not automatically disqualified if the prescribed conditions are met.
• Register the project office with the MCA/Registrar of Companies by Form FC-1 within 30 days of establishment of its Indian place of business, even when RBI general permission is available. The foreign-company filing is separate from AD-bank, tax and banking steps.

Frequently Asked Questions — Project Office

Entry Structures at a Glance

How do we help foreign investors enter and operate in India

We may help a foreign investor in the following ways:

• Entry Strategy Advisory
  • Evaluating subsidiary, JV, LLP, branch, liaison, and project office options against your commercial objectives
  • Comparative cost, timeline, and compliance analysis across structures
  • Cross-border tax structuring, repatriation planning, and treaty analysis
• FDI & Regulatory Approvals
  • FDI sector-cap and automatic-route vs. government-route analysis
  • Preparing and filing government-route FDI applications through the National Single Window System (NSWS)
  • RBI/AD-bank applications for Branch Office, Liaison Office, and Project Office approvals
• Entity Incorporation
  • End-to-end company/LLP incorporation (SPICe+, FiLLiP)
  • Drafting MoA/AoA, LLP Agreements, and shareholder/founder documentation
  • PAN, TAN, and other foundational registrations
  • Dematerialisation assistance: Coordinating the ISIN process and depository/registrar onboarding, foreign shareholder PAN and demat-account KYC, conversion or demat allotment, and related corporate filings.
• Registered Office & Resident Director Support
  • Identifying and setting up a registered office (physical or virtual) that meets RoC requirements
  • Resident-director and designated-partner compliance support
  • Nominee and governance arrangements where a long-term local presence is being built
• FEMA & RBI Compliance
  • Forms FC-GPR and FC-TRS filings, and FLA returns
  • FIRMS/SMF reporting and downstream investment compliance
  • Annual Activity Certificates for branch/liaison/project offices
• Tax Registrations & Compliance
  • PAN, TAN, GST registration, and Import-Export Code (IEC) where applicable
  • Ongoing corporate tax compliance, advance tax, and withholding tax compliance
  • Transfer pricing documentation and benchmarking studies
• Labour & Employment-Related Registrations
  • Employment and social-security compliance under the four Labour Codes, effective 21 November 2025, including applicable state rules and transition guidance.
  • EPF and ESI registration and returns, where applicable under the current social-security regime.
  • Professional Tax (employer) registration and state-specific Shops & Establishment registration
  • Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH) compliance (Internal Committee constitution and policy) — this remains a standalone statute, not subsumed by the Labour Codes
  • Employment contracts and HR policies aligned with applicable wage and social-security rules
• Corporate & Secretarial Compliance
  • Statutory registers, minutes, and board/shareholder meeting compliance
  • Annual filings with the MCA/RoC, including financial statements and annual returns
  • XBRL filings and other periodic secretarial certification
• Joint Ventures, Banking & Other Support
  • Shareholders’ agreements, JV agreements, and due diligence on Indian partners
  • Assistance opening Indian bank accounts
  • Trademark and other IP registration/protection in India
  • Exit and restructuring support: winding up, closure of branch/liaison/project offices, share transfers

Talk to Our India Market-Entry Team

If you need further details or need to get in touch with us for our services, please write to us at fdi@sarthaklaw.com.

Key Indian government and public-sector websites for foreign investors

• Reserve Bank of India (RBI) – https://www.rbi.org.in/ – FEMA directions, foreign-investment reporting and rules for branch, liaison and project offices.
• Department for Promotion of Industry and Internal Trade (DPIIT) – https://dpiit.gov.in/foreign-direct-investment/foreign-direct-investment-policy – FDI policy, sectoral rules and policy press notes.
• Ministry of Corporate Affairs (MCA) – https://www.mca.gov.in/ – Company/LLP incorporation, foreign-company registration, company-law rules and e-filings.
• Competition Commission of India (CCI) – https://www.cci.gov.in/ – Merger-control thresholds, combination notices and competition-law guidance.
• Income Tax Department – https://www.incometax.gov.in/ – PAN and TAN applications, income-tax returns and other direct-tax services.
• GST portal – https://www.gst.gov.in/ – GST registration, returns, payments and taxpayer services.
• Directorate General of Foreign Trade (DGFT) – https://www.dgft.gov.in/ – Import Export Code (IEC), foreign-trade policy and import/export authorisations.
• Securities and Exchange Board of India (SEBI) – https://www.sebi.gov.in/ – Securities-market regulation and KYC/depository rules where investments or demat holdings are relevant.
• National Single Window System (NSWS) – https://www.nsws.gov.in/ – Find and apply for relevant central/state business approvals, including the applicable government-route FDI workflow.
• e-Gazette of India – https://egazette.gov.in/ – Read the published legal text of Acts, rules and notifications, including FEMA and company-law amendments.
• Intellectual Property India – https://ipindia.gov.in/ – Trademark and patent information, searches and e-services.
• Employees’ Provident Fund Organisation (EPFO) – https://www.epfindia.gov.in/ – Provident-fund employer registration and compliance where applicable.
• Employees’ State Insurance Corporation (ESIC) – https://www.esic.gov.in/ – Employees’ State Insurance registration and employer services where applicable.
• Invest India – https://www.investindia.gov.in/ – Government-backed investment promotion and investor-facilitation information; not a substitute for a regulator or statutory filing.

Sector regulators and state or local authorities may also be necessary, depending on the activity and location.

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