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Regalwhiz Law Chambers helps foreign nationals, NRIs, OCI cardholders and overseas companies start a business in India end-to-end — entity selection, company registration in India for foreigners, apostille guidance, bank account, GST and RBI/FEMA reporting (FC-GPR). You sign digitally from anywhere in the world; our advocates in Chennai handle the MCA, RBI and tax filings.
Yes. Foreign nationals and NRIs can start a business in India by registering a private limited company (including a 100% foreign-owned wholly owned subsidiary), an LLP, or a branch, liaison or project office. Most sectors allow 100% FDI under the automatic route, so no government approval is needed. The company needs at least two directors (one resident in India for 182+ days), and foreign investment must be reported to the RBI in Form FC-GPR within 30 days of issuing shares. Setup typically takes 3–5 weeks and can be done entirely online.
Sector check, entity choice and resident-director options explained in a 30-minute call — timed for your time zone.
Tell us your business activity; we confirm the FDI route, sectoral cap and any approval needed before you spend a rupee.
Every milestone — DSC, name approval, CIN, bank account, FC-GPR — shared on WhatsApp so you never chase us across time zones.
The right vehicle depends on who you are (foreign national, NRI or foreign company), whether you want to earn revenue in India, and how you plan to take profits home.
An Indian private limited company 100% owned by a foreign company or foreign individuals. The standard route for foreign company setup in India.
The go-to vehicle for NRI business registration in India. Invest on repatriation basis (NRE/foreign funds) or non-repatriation basis (NRO), which is treated like domestic investment.
Since April 2021 an NRI who is an Indian citizen can incorporate an OPC alone — one shareholder, one director and a nominee.
A Limited Liability Partnership with foreign or NRI partners, allowed where 100% FDI is automatic and there are no FDI-linked performance conditions.
A private limited company co-owned by a foreign investor and an Indian partner — common in capped sectors or where local licences and distribution matter.
An extension of the foreign parent (not a separate company), set up with approval through an AD Category-I bank under FEMA regulations.
| Factor | Private Ltd / WOS | NRI OPC | LLP | Branch Office | Liaison Office |
|---|---|---|---|---|---|
| Who can own it | Foreigners, NRIs, foreign companies | Indian citizens (incl. NRIs) only | Foreigners, NRIs, companies | Foreign company only | Foreign company only |
| Minimum people | 2 directors, 2 shareholders | 1 member + nominee | 2 designated partners | Authorised representative | Authorised representative |
| Resident requirement | 1 director, 182+ days | Director is the member | 1 partner, 120+ days | Not applicable | Not applicable |
| Can earn revenue? | Yes | Yes | Yes | Yes, permitted activities | No |
| Liability | Limited | Limited | Limited | Parent fully liable | Parent fully liable |
| Approval | None in automatic sectors | None | None if 100% automatic, no conditions | AD bank / RBI | AD bank / RBI |
| Income tax (base) | 22% (Sec 115BAA) + surcharge & cess | 22% option / 25–30% | 30% + surcharge & cess | 35% + surcharge & cess | Not taxable (no income) |
| Best for | Most businesses, startups, VC funding | Solo NRI founders | Consulting & professional firms | Foreign firms testing India | Market research & representation |
Fixed professional fees quoted after a free scoping call — no hidden charges. Government fees, stamp duty and overseas apostille costs are billed at actuals. Pay by SWIFT wire in USD, GBP, EUR, AED or SGD.
Private limited company or OPC for NRIs & Indian citizens abroad.
Wholly owned subsidiary or JV for foreign nationals & companies.
Indian presence for an overseas parent company.
Add-ons: resident director arrangement guidance · registered office & virtual office · trademark registration · annual ROC, FLA & tax compliance retainer.
Everything is done online. You never need to travel to India to incorporate.
Our advocate confirms your sector, FDI route (automatic or government), entity type and resident director arrangement.
You send passport, address proof and photo. We guide you on apostille or consular attestation and issue DSCs.
We reserve the name and file SPICe+ with e-MoA, e-AoA and AGILE-PRO-S for PAN, TAN, EPFO, ESIC and GSTIN.
MCA issues the Certificate of Incorporation with CIN, PAN and TAN. We coordinate the company current account and KYC.
You remit share capital from abroad; we obtain the FIRC/KYC and file FC-GPR on the RBI FIRMS portal within 30 days of allotment.
Your file is handled by qualified advocates and compliance professionals — not an automated portal or an intern.
Most providers stop at incorporation. We complete the RBI side too — FIRC, KYC, FC-GPR, FLA and later FC-TRS.
Office hours Mon–Sat, 8 AM–8 PM IST, with evening IST calls that suit the Gulf, Europe and early-morning US.
Step-by-step guidance for Hague Convention countries and consular attestation for non-member countries — so documents are right the first time.
Registered office options in Tamil Nadu and coordination for incorporation in every Indian state and union territory.
GST, trademark, payroll, POSH compliance, annual filings — one firm for your entire Indian compliance lifecycle.
Document attestation and tax treaties differ by country. Here's what investors from our most common source countries should know. Always confirm current rules at the time of signing.
Documents apostilled by the Secretary of State. India–US DTAA applies. US owners should plan for Indian subsidiary reporting on their US returns.
Apostille from the FCDO Legalisation Office. India–UK DTAA reduces withholding on dividends, royalties and fees.
Huge NRI base. Documents typically need attestation at the Indian Embassy/Consulate rather than an apostille. India–UAE DTAA and CEPA apply.
Apostille via the Singapore Academy of Law. A common holding jurisdiction for India investments under the India–Singapore DTAA.
Canada joined the Apostille Convention in January 2024, so apostilles now replace consular legalisation. India–Canada DTAA applies.
Apostille from DFAT. The India–Australia ECTA and DTAA make services and software businesses a popular choice.
Apostille from the competent state authority. Strong manufacturing and engineering FDI into Tamil Nadu and Chennai.
Saudi Arabia is an Apostille Convention member since 2022; for Qatar and other GCC states check whether embassy attestation is required.
“I live in California and never had to fly to India. Regalwhiz set up our private limited company, opened the bank account and filed FC-GPR in about five weeks. The WhatsApp updates at every stage were a lifesaver across time zones.”
“As an NRI in Dubai I was confused about NRE vs NRO investment. The advocate explained repatriation clearly and structured my company in Chennai the right way. Attestation guidance saved us weeks.”
“We needed a wholly owned subsidiary in Tamil Nadu. Regalwhiz handled the apostille checklist, board resolutions, valuation and RBI filings without a single rejection. Very professional.”
“The team flagged the beneficial ownership questions early and walked us through the new FDI rules before we remitted any money. Clear advice, fixed fees, no surprises.”
“Formed my One Person Company from Canada in under a month. Their team even coordinated my DSC video verification at a time that suited Toronto. Highly recommended for NRIs.”
“Regalwhiz compared a liaison office with a subsidiary for us and recommended the subsidiary. Incorporation, GST and the first-year compliance calendar were all delivered on time.”
Yes. A foreign national can start a business in India by incorporating a private limited company, a wholly owned subsidiary, a joint venture or an LLP, or by opening a branch, liaison or project office. In most sectors 100% foreign direct investment is allowed under the automatic route, so no prior government approval is needed. At least one director must be resident in India (stayed 182+ days in the financial year).
Yes. An NRI can start a business in India from abroad as a shareholder and director of a private limited company, as a designated partner in an LLP, or as the sole member of a One Person Company (OPC). Since April 2021 NRIs can form an OPC. The whole process is online; documents are signed digitally with a Digital Signature Certificate (DSC).
Company registration in India for foreigners typically costs between ₹35,000 and ₹75,000 all-inclusive, depending on the state, number of foreign directors and apostille or notarisation costs. Regalwhiz quotes a fixed professional fee after a free consultation, with government fees and stamp duty billed at actuals.
Business setup in India for foreigners usually takes 3 to 5 weeks end-to-end. Incorporation itself takes 7–15 working days after documents are ready; most of the remaining time is spent getting passports and address proofs apostilled or consularised in the investor's home country, plus opening the bank account and filing FC-GPR with the RBI.
Yes. Under Section 149(3) of the Companies Act, 2013, every Indian company must have at least one director who stayed in India for 182 days or more during the financial year. For an LLP, at least one designated partner must be resident in India (120 days or more). Regalwhiz can help you identify a suitable resident director arrangement.
Yes. A foreign national, foreign company or NRI can own 100% of the shares of an Indian private limited company in sectors where 100% FDI is permitted under the automatic route, such as IT services, software, consulting, manufacturing and most trading. The minimum of two shareholders can both be foreign persons or entities.
Foreign directors and shareholders need a passport, an address proof not older than two months (bank statement, utility bill or driving licence), a passport-size photo, email and mobile number. Foreign documents must be apostilled (for Hague Convention countries) or consularised at the Indian embassy. NRIs holding an Indian passport and PAN generally need only notarised copies.
FC-GPR is the form filed with the Reserve Bank of India through the FIRMS portal to report shares issued to a foreign investor. It must be filed within 30 days of allotting shares. Shares must be allotted within 60 days of receiving the foreign remittance, or the money must be refunded within the next 15 days.
No. Only a natural person who is an Indian citizen can incorporate an OPC. NRIs are eligible (the residency requirement was removed in 2021), but foreign nationals and OCI cardholders who are not Indian citizens must choose a private limited company or an LLP instead.
FDI is prohibited in lottery, gambling and betting (including casinos), chit funds, Nidhi companies, trading in Transferable Development Rights, real estate business and farm houses, manufacturing of tobacco cigars and cigarettes, atomic energy and certain railway operations. Sectors such as defence, telecom, insurance and media have caps or approval requirements.
Generally yes. Investment where the investor or beneficial owner is from a country sharing a land border with India (China including Hong Kong and Macau, Pakistan, Bangladesh, Nepal, Bhutan, Myanmar, Afghanistan) needs government approval. Press Note 2 of 2026 eased this for minority, non-controlling beneficial ownership up to 10%, and introduced a 60-day timeline for processing approvals.
Yes. Most Indian banks open a current account for a newly incorporated company with directors abroad, completing KYC through video verification or at an overseas branch. The bank account is also needed to receive the foreign investment remittance that is later reported in FC-GPR.
Everything you need for a foreign investor business setup in India or business setup in India for NRIs — laws, entity options, FDI routes, documents, costs, timelines and ongoing compliance.
Starting a business in India as a foreigner or NRI means setting up a legally recognised Indian entity — usually a private limited company, LLP or foreign company office — that is owned wholly or partly by a person or company resident outside India, and bringing money into it in compliance with the Foreign Exchange Management Act, 1999 (FEMA).
Two sets of rules apply at the same time. Corporate law (the Companies Act, 2013 or the LLP Act, 2008, administered by the Ministry of Corporate Affairs) governs how the entity is formed and run. Foreign exchange law (FEMA and the FEMA (Non-Debt Instruments) Rules, 2019, administered by the Reserve Bank of India, with FDI policy set by DPIIT) governs who may invest, in which sectors, at what price, and how the investment is reported. A compliant business setup in India for foreigners must satisfy both — which is why Regalwhiz handles MCA and RBI filings together.
India is one of the world's largest FDI destinations, and most of its economy — IT and software, consulting, e-commerce marketplaces, manufacturing, food processing, renewable energy and more — is open to 100% foreign ownership under the automatic route. For NRIs, starting a business in India is even simpler, because investment on a non-repatriation basis is treated on par with domestic investment.
Indian law recognises four main categories of overseas investors, and the rules differ for each:
Whether you want to start business in India as a foreigner or start business in India as an NRI, the first decision is which of these categories you fall into — it determines the entity you can use, the documents you need and how profits can be repatriated. Citizens and entities of countries sharing a land border with India are subject to additional scrutiny, explained below.
Under the automatic route, a foreign investor does not need prior approval from the Government or the RBI. You incorporate the company, receive funds, allot shares and report to the RBI afterwards. Most service and manufacturing sectors fall here with a 100% cap, which is why company registration in India for foreigners is usually quick.
Some sectors require prior approval through the Foreign Investment Facilitation Portal before investment — for example, certain defence activities above the automatic limit, print media, and multi-brand retail. Sectoral caps also apply in areas like broadcasting, air transport and banking.
FDI is not allowed in lottery business, gambling and betting (including casinos), chit funds, Nidhi companies, trading in Transferable Development Rights, real estate business or construction of farm houses, manufacture of cigars and cigarettes of tobacco, atomic energy and certain railway operations.
Since Press Note 3 of 2020, any investment where the investor or its beneficial owner is from China (including Hong Kong and Macau), Pakistan, Bangladesh, Nepal, Bhutan, Myanmar or Afghanistan has needed prior government approval. In March 2026 the Union Cabinet approved Press Note 2 of 2026, notified through amendments to the FEMA Non-Debt Instruments Rules in May 2026. It defines beneficial ownership for FDI purposes, permits minority, non-controlling beneficial ownership from these countries up to 10% under a lighter route, and sets a 60-day timeline for processing approval applications. Anything above that still needs approval, so ownership chains must be traced to the natural-person level before investing.
Regalwhiz tip: If any fund, parent or ultimate owner in your structure has a link to a land-border country, tell us at the consultation stage. A wrong assumption here can make an otherwise simple foreign company setup in India non-compliant.
| Point | NRI (Indian citizen) | OCI cardholder | Foreign national |
|---|---|---|---|
| Can form an OPC? | Yes | No | No |
| Non-repatriation investment | Yes — treated as domestic | Yes — treated as domestic | No |
| FC-GPR reporting | Only for repatriable investment | Only for repatriable investment | Always |
| Document attestation | Notarised copies usually enough | Apostille/consular for foreign documents | Apostille or consular attestation |
| PAN needed to become director | Yes (mandatory for Indian citizens) | Not at incorporation | Not at incorporation |
| DSC verification | Indian passport & PAN | Foreign passport + video KYC | Foreign passport + video KYC |
Section 149(3) of the Companies Act, 2013 requires every company to have at least one director who has stayed in India for a total of 182 days or more during the financial year (proportionately for a newly incorporated company). An LLP must have at least one designated partner resident in India, defined as a stay of 120 days or more in the financial year.
This is the single most common question in company registration for NRIs in India and for foreign investors. Common solutions include appointing a trusted family member or business associate in India, a senior Indian employee, or an Indian co-founder. The resident director carries statutory responsibility, so the arrangement should be documented carefully — Regalwhiz drafts the appointment terms and indemnities where needed.
| Stage | Typical time | What drives it |
|---|---|---|
| Consultation & structuring | 1–2 days | Sector and ownership complexity |
| Apostille / consular attestation | 3–15 days | Home-country authority speed |
| DSC issuance | 1–3 days | Video KYC scheduling |
| Name approval | 2–4 days | Name uniqueness & trademark conflicts |
| SPICe+ incorporation | 5–10 days | ROC workload, resubmissions |
| Bank account | 5–10 days | Bank's non-resident KYC process |
| Capital remittance & FC-GPR | 5–15 days | Remittance, allotment, valuation report |
The total cost has three parts: government fees, third-party costs, and professional fees.
| Component | Indicative cost | Notes |
|---|---|---|
| MCA filing fee (SPICe+) | Nil for authorised capital up to ₹15 lakh | Higher capital attracts fees |
| Stamp duty on MoA/AoA & share certificates | ₹500 – ₹10,000+ | Depends on the state and capital |
| Digital Signature Certificates | ₹1,500 – ₹8,000 each | Foreign-national DSCs cost more |
| Apostille / consular attestation | Varies by country | Paid in the investor's home country |
| Valuation report (for share pricing) | ₹5,000 – ₹25,000 | Needed for issue above face value |
| Regalwhiz professional fee | Fixed fee, quoted on request | See packages |
There is no minimum paid-up capital for a private limited company. However, capital should be realistic for your business plan, bank account opening and any sector-specific requirements.
Shares issued to a non-resident on a repatriation basis must be priced at not less than their fair value, determined by an internationally accepted pricing methodology and certified by a chartered accountant, SEBI-registered merchant banker or practising cost accountant. Subscribers to the Memorandum of Association may take shares at face value at the time of incorporation.
Late reporting attracts late submission fees or compounding, so these deadlines matter as much as incorporation itself.
An Indian company can opt for the concessional corporate tax rate of 22% under Section 115BAA (about 25.17% including surcharge and cess), without most exemptions. A branch office of a foreign company is taxed at 35% plus surcharge and cess. Dividends are taxed in the hands of shareholders; for non-residents the rate may be reduced under the applicable Double Taxation Avoidance Agreement, subject to a Tax Residency Certificate and Form 10F.
India has DTAAs with over 90 countries including the USA, UK, UAE, Singapore, Canada, Australia and Germany. Structuring the holding company, royalty or service fee arrangements, and profit repatriation with the treaty in mind can materially reduce the overall tax cost. Regalwhiz coordinates with your home-country tax adviser where required.
Most leading Indian banks open a company current account for directors living abroad, with KYC completed by video or through an overseas branch. Profits can be repatriated as dividends after tax, and capital invested on a repatriation basis can be taken out on sale or winding up, subject to FEMA pricing rules.
You do not need a visa to incorporate a company from abroad. If you travel to India for meetings, a business visa or e-business visa is typically used; if you will work in and draw salary from the Indian company, an employment visa is required. NRIs travelling on an Indian passport and OCI cardholders do not need visas.
Yes. NRI business registration in India is fully online: DSCs are issued through video verification, and all MCA forms are signed digitally. Only the resident director must meet the 182-day stay requirement.
The MCA process (SPICe+) is the same, but Indian company registration for foreign nationals adds three layers: attested foreign identity documents, FDI eligibility for the sector, and RBI reporting of the share capital in FC-GPR. Foreign nationals also obtain a DIN through SPICe+ without needing an Indian PAN at the incorporation stage.
A foreign national cannot generally set up a proprietorship or traditional partnership firm with FDI; NRIs may do so on a non-repatriation basis. For foreign investor business setup in India, a private limited company or LLP is the recommended vehicle.
A company needs a registered office in India capable of receiving communication. Many foreign-owned startups use a shared or virtual office with a rent agreement and NOC; the address must be verifiable for GST.
Yes. An Indian private limited company or LLP that meets the age, turnover and innovation criteria can apply for DPIIT recognition regardless of foreign ownership, unlocking self-certification and tax benefits.
Yes. Many foreign companies start with a liaison office to test the market and later incorporate a wholly owned subsidiary and close the liaison office through the AD bank.
This guide is based on the Companies Act, 2013; the LLP Act, 2008; the Foreign Exchange Management Act, 1999; the FEMA (Non-Debt Instruments) Rules, 2019 as amended in 2026; the Consolidated FDI Policy and Press Note 2 of 2026; and the FEMA regulations on branch, liaison and project offices. Refer to the official portals:
This page provides general information and is not legal advice. FDI and FEMA rules change frequently; confirm the position for your specific case with a Regalwhiz advocate before investing.
Talk to our FDI & company law advocates today — free consultation, no obligation, timed for your time zone.
