Who it's for

  • Foreign companies ready for their own legal presence in India.
  • Employer of Record clients whose team in India has grown.

Entity options

The structure depends on what you plan to do in India. Most clients choose a private limited subsidiary.

Entity options for a foreign company in India, and when each fits
EntityWhen it fits
Wholly owned subsidiary (private limited company)The usual choice. A separate Indian company owned by your company, able to employ people and do business in India.
Limited liability partnership (LLP)Can suit some businesses, depending on the sector and the foreign investment rules that apply to it.
Branch or liaison officeAn office of your foreign company rather than a separate company. What it may do is restricted, and it needs approval before it opens.

We confirm the right structure with you in the first step.

The setup journey

From the first structure check to a company that's ready to hire.

  1. 1.Structure and FDI route check
  2. 2.Director and shareholder arrangements, including a resident director
  3. 3.Digital signatures and director IDs
  4. 4.Name approval and incorporation with the Ministry of Corporate Affairs
  5. 5.PAN and TAN
  6. 6.Bank account and capital infusion
  7. 7.FEMA reporting of the investment to the RBI
  8. 8.GST, Shops and Establishments, PF, ESI and other registrations as needed
  9. 9.Ready to hire

After incorporation

We can keep your company compliant once it's running.

  • Accounting
  • Annual filings
  • Statutory audit
  • Transfer pricing
  • A compliance calendar

Who does the work

Handled by our in-house team or our partner CA firm, depending on what your setup needs. You deal with one point of contact throughout.

Moving from Employer of Record

If your team is employed through our Employer of Record, your employees move from our payroll to your new company without breaking continuity of service or benefits.

Timeline

Timelines depend on your home country and how quickly documents can be prepared, notarised and apostilled. We give you a timeline once we've seen your documents.

Setup in practice

Esuhai started on our Employer of Record and set up Esuhai India Private Limited in parallel.

  • Esuhai

    We employed Esuhai's first people in India, set up Esuhai India Private Limited, and built tikme.com(opens in a new tab), its portal for learning Japanese, building job skills and finding work in Japan.

    Japan · 15+ people

    • Employer of Record
    • Subsidiary setup
    • Product development

Our Managing Director, Sandeep Jain, has served as Managing Director of both Esuhai India Private Limited and LookSmart India Private Limited, so we know how to run an Indian subsidiary from the inside, not just set one up.

Questions about subsidiary setup

Straight answers on timelines, directors and moving your team across.

Which type of entity should we set up?

Most clients choose a wholly owned subsidiary, set up as a private limited company. A limited liability partnership or a branch or liaison office can fit some cases. We confirm the right structure with you in the first step.

How long does setup take?

It depends on your home country and how quickly documents can be prepared, notarised and apostilled. We give you a timeline once we have seen your documents.

Do we need a director who lives in India?

Yes. Every Indian company needs at least one director who has stayed in India for at least 182 days in the financial year. If you don't have someone suitable, we help you arrange one as part of setting up your directors and shareholders.

Who does the work?

Our in-house team or our partner CA firm, depending on what your setup needs. You deal with one point of contact throughout.

Can we hire people before the company is ready?

Yes. You can employ your first people through our Employer of Record while we set up your company, then move them across once it is ready. Esuhai did exactly this.

Will employees keep their service and benefits when they move from Employer of Record?

Yes. Employees move from our payroll to your new company without breaking continuity of service or benefits.

What happens after incorporation?

We can keep your company compliant, with accounting, annual filings, statutory audit, transfer pricing and a compliance calendar.

How much does subsidiary setup cost?

It depends on the structure and what your setup needs, so we don't publish a price. Tell us about your plans and we will explain what is involved.

Talk to us about your setup

Tell us where your company is incorporated and what you plan to do in India. We reply within one working day.

Talk to us about your setup