How to 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 essentials; 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 1 must be an Indian resident (someone who's stayed in India for more than 182 days in the previous financial year). This requirement has to be maintained throughout the company's life, not just at incorporation. The remaining director(s) can be resident or non-resident.
• Shareholders: at least 2, with no residency restriction, foreign nationals, non-residents, or corporate entities can all be shareholders.
• Registered office: a local Indian address, rented commercial space or any premises owned by the director works.
• Share capital: no minimum required. Common practice is to start with around ₹1 lakh, sized to what the business actually needs.

Documents Checklist

• Indian resident director: photograph, PAN card, Passport/Voter ID/Driving License, and a bank statement or utility bill (not older than 2 months).
• NRI or foreign directors/shareholders: photograph, passport copy, driving licence copy, and a bank statement or utility bill from their country of residence (not older than 2 months).
• Foreign or parent company: Certificate of Incorporation, plus a bank statement or utility bill as address proof (not older than 2 months).
• Registered office: address proof (sale deed or rental agreement), a utility bill (not older than 2 months), and an NOC for use of the premises.

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.

Frequently Asked Questions

Can a foreigner register a company in India without visiting?

Yes. If documents are signed outside India, they're notarized and apostilled/consularized instead of requiring an in-person visit. A visit is only needed if you choose to sign documents in India, which requires proof of physical presence (visa and stamped passport) at signing.

Does every director need to be Indian?

No, only one director needs to be an Indian resident. The rest of the directors, and all shareholders, can be based anywhere.

What's the fastest business structure for a foreign founder?

A Private Limited Company. FDI flows into it through the automatic route in most sectors, and it's the structure this whole checklist covers. An LLP is a narrower alternative, workable only in specific sectors under FEMA rules.

Is there a minimum capital requirement?

No. There's no legal minimum, though most founders start with around ₹1 lakh in practice.

What happens after incorporation?

You receive the Certificate of Incorporation, PAN, and TAN, then open an Indian bank account. From there, ongoing compliance kicks in, RBI reporting on any foreign investment received, annual ROC filings, and tax filings.

Where to Go Next

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

• Subsidiary registration in India, for the complete step-by-step registration guide.
• Incorporation of a foreign subsidiary in India, for what happens after registration, RBI/FEMA reporting (FC-GPR, FLA Return) and ongoing compliance.
• Setting up a company in India as a UK or US founder, if you're planning to run the company remotely.
• VenturEasy's subsidiary registration service, for hands-on help with the full process. Get in touch with your requirements.