Subsidiary Company

Overview

Many foreign investors are willing to start their business in India as our nation provides tonnes of opportunities because of its fast-growing market. Any foreign national apart from the citizen of Pakistan and Bangladesh or an entity formed and operating outside India can invest in the Indian market and holds the power to make their own subsidiary company in India by obtaining shares pertaining to the matters of FDI policy of India. Before getting into the process of Indian Subsidiary Company Registration make sure that as a business entity you have at least one Indian Director who must be residing in India and one Foreign Director which is must for forming Indian Subsidiary Company.

A subsidiary company is also called sister company and the company which has control over it is called parent company or holding company. Parent company holds the right to control the subsidiary company either partially or completely.

Companies Act 2013 controls the Indian Subsidiary Company Registration process. As per Companies Act 2013, a subsidiary company can be defined as a company in which a foreign corporate body or parent body has minimum 50% of the entire share capital. Parent company has a grip over a subsidiary company. It is necessary for a subsidiary company to abide by the laws of the nation in which they are planning to establish or are already established. Hence, if a subsidiary company is established in India then it is crucial for the company to follow the law in force in India.

An important thing to keep in mind is that a subsidiary company of a foreign parent company is regarded as a separate legal entity and subsidiary company is obliged to work as per the norms of the country where it is situated. Business personnel can register an Indian subsidiary company as a private limited company or a public limited company.

  • A private limited organization isn't available to the general population and appreciates the benefits over Public Company given by the Companies Act, 2013.
  • A public limited company is where the public holds an enthusiasm for it and it is required to conform to various principles and guidelines as indicated by the Companies Act, 2013.



Documents Required

  • PAN Card information
  • Address proof
  • Identity Proof such as Aadhaar Card, Driving License, Voter Id
  • Foreign National :
  • Passport
  • Address Proof (Indian Consulate must certify the document)
  • Identity Proof (Indian Consulate must certify the document)
  • Other Crucial Documents:
  • Directors Identification Number (DIN)
  • Digital Signature Certificate (DSC)
  • Memorandum of Association (MOA) and Article of Association (AOA)
  • No Objection Certificate from the person who owns the property of business place
  • Certificate of Incorporation granted by the foreign government
  • Residential Proof

FAQ's on Subsidiary Company

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