Company Incorporation in India – A Step-by-Step Guide for U.S. Businesses (2025)

Thinking of expanding your U.S. business to India?
This guide explains how to incorporate a wholly owned Indian subsidiary or set up a business presence as a U.S. company—with 100% foreign ownership allowed in most sectors under India’s automatic FDI route.

Why U.S. Companies Are Expanding to India

• Access a large consumer base

• Cost-efficient operations (labor, R&D, and manufacturing)

• Strategic global growth & outsourcing

• Strong IP & legal frameworks

Types of Business Structures U.S. Companies Can Register

📋 Basic Requirements

🧾 Documents Required from U.S. Entity (all non indian documents to be notarised and appostilled)

• Certificate of Incorporation (Apostilled)

• Board Resolution authorizing India setup

• Parent Company MOA & AOA (charter docs, apostilled)

• ID & Address Proof of Authorized Signatory

• Indian Director’s KYC (PAN, Aadhaar, Utility bill)

• Registered Office Proof in India

🔁 Step-by-Step Process (10–15 Days)

1. Digital Signature Certificates (DSC)

For U.S. signatories and Indian directors

2. Name Reservation (SPICe+ Part A)

Includes “India” if part of your brand

3. File SPICe+ Part B (Form INC-32)

Includes incorporation, DIN, PAN, TAN, PF, ESIC, and bank account

4. Draft MOA & AOA (INC-33/34)

Includes foreign shareholder details

5. Obtain Certificate of Incorporation (COI)

Issued by Registrar of Companies with CIN, PAN, TAN

6. Post-Incorporation Steps

• Open Indian bank account

• File Form FCGPR on RBI’s FIRMS portal

• Issue Share Certificates

• File Form INC-20A (Commencement of Business)

🧾 Post-Setup Ongoing Compliances

• Appoint statutory auditor within 30 days

• Maintain ROC annual filings, Income Tax Returns

• File GST, TDS, Payroll, if applicable

• File Form FC-TRS if shares are transferred in future

💰 Costs & Timelines

FAQs – For U.S. Companies

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