A wholly owned Indian company held by a foreign parent. Incorporation is the easy part. The FEMA reporting that follows the first share allotment is where companies get caught.
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TIMELINE
RESIDENT DIRECTOR
GOVERNED BY
FDI ROUTE
Sectoral caps and conditions determine whether investment is automatic or needs government approval. This is settled before anything is filed.
Parent company documents are apostilled or consularised in the home country, which is usually the longest step in the timeline.
Name reservation and SPICe+ filing, with at least one director resident in India as required by the Companies Act.
After share allotment, FC-GPR is filed with the Reserve Bank through the authorised dealer bank within the prescribed period.
Once inward remittance is received and shares are allotted, the investment must be reported to the Reserve Bank through your authorised dealer bank within a short prescribed window. Late reporting attracts a compounding process with the RBI that costs both money and months, and it surfaces later during due diligence when the group is raising funds or being acquired. Foreign parents regularly complete incorporation smoothly and then miss this, because it is a banking and FEMA obligation rather than a company law one.
In most sectors under the automatic route, yes. Some sectors carry caps or conditions, and a few require government approval. The sector determines this.
Yes. At least one director must be resident in India, meaning a stay of 120 days or more in the previous financial year.
A registered office address in India is required and must be supported by a utility bill and owner NOC. It does not need to be a large commercial space.
It depends on the parent country and is often the longest part of the timeline. Starting it early materially shortens the overall schedule.
Full company annual compliance, plus annual FEMA reporting on foreign assets and liabilities and transfer pricing where the subsidiary transacts with the parent.
Tell us the parent jurisdiction and sector and we will confirm the route and timeline.
