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For Non Resident Indians or Foreign Owners

For a Non-Resident Indian (NRI) or a foreign entity looking to establish a presence in India, a Subsidiary Company (typically a Private Limited Company) is the most preferred structure. It allows for full operational control while offering the benefits of an Indian domestic entity.

Key Features for NRIs

Foreign Direct Investment (FDI): NRIs can invest in an Indian subsidiary under the "Automatic Route" for most sectors (e.g., IT, Manufacturing, Consulting), meaning no prior government or RBI approval is needed.
Wholly Owned Subsidiary (WOS): An NRI or their foreign company can own 100% of the shares, making it a wholly owned subsidiary.
Director Requirements: At least two directors are required. While both can be NRIs/foreigners, at least one must be a resident of India (stayed in India for 182+ days in the previous calendar year).

Advantages

Separate Legal Identity: The Indian subsidiary is a distinct legal entity. The parent company or the NRI owner is not personally liable for the subsidiary's debts or legal issues.
Repatriation of Profits: Profits (dividends) can be sent back to the NRI's home country after paying the applicable taxes in India.
Local Market Credibility: Being an Indian-registered entity makes it easier to sign contracts, participate in government tenders, and hire local talent.
Tax Efficiency: Indian subsidiaries are taxed as domestic companies (approx. 22%-25%). This is significantly lower than the 40% tax rate often applied to "Branch Offices" of foreign companies.
Fundraising: It is much easier to raise equity or debt from Indian banks and VCs compared to a Branch or Liaison office.

Disadvantages

FEMA Compliance: Every time money is brought into India (as equity), the company must file a Form FC-GPR with the RBI within 30 days. Failure to do so leads to heavy penalties.
Strict Reporting: Annual filing of FLA (Foreign Liabilities and Assets) returns to the RBI is mandatory, in addition to regular MCA (Ministry of Corporate Affairs) filings.
Initial Setup Complexity: Documents from the NRI's country of residence (like Passports and Address Proofs) must be Apostilled or notarized by the Indian Embassy in that country, which can be time-consuming.
Recurring Costs: High maintenance costs due to mandatory audits, GST filings, and Board Meeting requirements

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