How can we Register a Company in India: A Checklist for NRIs and Foreign Nationals

Short answer: as an NRI, foreign national, or foreign company, you register a company in India the same way anyone else does, through a Private Limited Company, with one extra requirement, at least one of your directors has to be an Indian resident. This page is a fast checklist covering the question: "How can we Register a Company in India"; for the full step-by-step walkthrough with all supporting detail, see the guides linked at the end of each section.

Key Takeaways

A Private Limited Company is the fastest, most common route for NRIs and foreign nationals; FDI isn't permitted into a proprietorship, partnership, or One Person Company under FEMA.

Minimum requirements: 2 directors (at least 1 Indian resident), 2 shareholders (no residency restriction), and no minimum share capital.

Registration is a 3-step process, Name Approval, DSC, and the Incorporation Application, plus a bank account once the Certificate of Incorporation is issued.

Who Can Register a Company in India?

NRIs, foreign nationals, and foreign companies can all register a company in India. Under FEMA guidelines, Foreign Direct Investment (FDI) is restricted in Proprietorships, Partnership Firms, and One Person Companies. LLPs can receive up to 100% FDI through the automatic route in sectors where it's permitted and no FDI-linked performance conditions apply. For most foreign founders, a Private Limited Company is the fastest and simplest way in.

Minimum Requirements Checklist

• Directors - at least 2, and at least one must be a resident of India (someone who has stayed in India for at least 182 days in the current financial year).

• Shareholders - at least 2, with no residency restriction; can be individuals, entities, or a mix of both.

• Capital - no minimum share capital is legally required, though most founders start with around ₹1 lakh in practice.

• Registered office - a physical address in India is required at incorporation.

Documents Checklist

• Indian resident director - photograph, PAN card, Aadhaar card, and a recent bank statement, electricity bill, or telephone bill as address proof.

• Foreign directors and shareholders - photograph, passport copy, and a bank statement, electricity bill, or telephone bill from their country of residence.

• Registered office - a recent utility bill, a rent agreement or ownership proof, and a No-Objection Certificate (NOC) from the property owner.

Every document from an NRI or foreign national/entity needs notarization by a public notary in their country of residence, then consularization or apostille by the relevant authority there.

The Registration Process, Step by Step

Step 1: Name Approval

Reserve the company name. A foreign subsidiary can use the same name as its parent company with "India" added, provided it isn't identical to an existing entity. Once approved, the name is reserved for 20 days, and the incorporation application has to be filed within that window.

Step 2: Procurement of DSC

A Digital Signature Certificate is issued for each proposed director in parallel with name approval, used to file the incorporation application digitally and for compliance filings afterward.

Step 3: Incorporation Application

File the Memorandum and Articles of Association plus supporting documents (Form DIR-2, Form INC-9, PAN undertaking) executed by the proposed directors and shareholders. If signed outside India, documents need notarization and consularization or apostille; if signed in India, a copy of the signer's visa and stamped passport is required instead.

Step 4: Bank Account Opening

Once incorporated, the Certificate of Incorporation, PAN, and TAN are issued digitally by the MCA, and you can open a bank account in India.

Where to Go Next

This page is a quick-reference checklist. For the full depth on each part of the process:

• Company Incorporation in India: Complete Guide - the full step-by-step process, costs, and timelines.

• Registration of Foreign Company in India - VenturEasy's dedicated service for non-resident founders.

• Indian Subsidiary Company Registration - if you're incorporating as a subsidiary of an existing foreign company.

• Incorporation of a Foreign Subsidiary Company in India - the RBI/FEMA reporting that follows incorporation.

For hands-on help with your registration, get in touch with VenturEasy.