How NRIs and Foreign Nationals Can Start a Company in India – A Success Guide

India’s thriving economy, pro-investment reforms, and digital business infrastructure make it an ideal destination for global entrepreneurs. Whether you’re a Non-Resident Indian (NRI) or a foreign national, the Indian market offers vast potential—but entering it requires knowledge of regulatory frameworks, legal structures, and compliance rules.

This comprehensive 2025 guide simplifies the process of how NRIs and foreign nationals can start a company in India, from choosing the right business entity to understanding FDI norms, filing documents, and staying compliant.

Why India is a Hotspot for Global Entrepreneurs in 2025

India’s startup ecosystem and investor-friendly reforms have attracted thousands of global ventures. Here’s why you should consider setting up your business here:

• Liberalized FDI Policies: 100% foreign ownership allowed in most sectors via the automatic route.
• Skilled Workforce: English-speaking, tech-savvy talent pool at competitive rates.
• Massive Market: Access to 1.4 billion potential consumers across urban and rural segments.
• Improving Ease of Doing Business: Digital incorporation processes, GST automation, and quicker regulatory clearances.
• Strategic Trade Location: Gateway to Asian, Middle Eastern, and African markets.

Types of Business Structures for NRIs and Foreign Nationals in India

Choosing the right business format depends on your capital, compliance appetite, and operational needs. Below are the most preferred types:

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1. Private Limited Company (Wholly Owned Subsidiary)

• 100% foreign ownership allowed (except in restricted sectors).
• Limited liability and independent legal identity.
• Suitable for IT, consulting, trading, and service-based businesses.

2. Limited Liability Partnership (LLP)

• Flexible structure with limited liability.
• Allowed in sectors under the automatic FDI route.
• Lower compliance cost than Pvt Ltd.

3. Joint Venture with Indian Partner

• Ideal for those wanting to share risks or leverage local know-how.
• Ownership and profits shared between foreign and Indian parties.

4. Branch Office

• Extension of a foreign company for revenue-generating activities.
• RBI approval needed.
• Suitable for export/import, consulting, and project execution.

5. Liaison Office

• Non-commercial representative office.
• Used for research, promotion, or coordination purposes.
• Cannot generate revenue or conduct business directly.

Step-by-Step Guide to Company Registration in India for Foreigners

Here is the streamlined 7-step process to legally start a business in India:

Step 1: Choose the Business Structure

Evaluate whether a Pvt Ltd, LLP, JV, branch office, or liaison office fits your goals.

Step 2: Obtain DSC and DIN

• All proposed directors need a Digital Signature Certificate (DSC).
• Foreign directors must apply for a Director Identification Number (DIN) via the MCA portal.

Step 3: Reserve a Company Name

Use the RUN (Reserve Unique Name) service to get MCA approval for your company name.

Step 4: Prepare Incorporation Documents

Includes:

• Memorandum & Articles of Association (MoA & AoA)
• Identity/address proofs
• Board resolution (for foreign entities)
• Declaration by directors

Step 5: File the SPICe+ Form

A single-window form for company incorporation, PAN, TAN, GST, EPFO, ESIC, and bank account application.

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Step 6: Receive Certificate of Incorporation

Issued by the Registrar of Companies (RoC) with your Corporate Identification Number (CIN).

Step 7: Post-Incorporation Compliances

• Open an Indian current account
• Transfer share subscription funds
• Appoint an auditor within 30 days
• File GST registration (if applicable)
• Submit FC-GPR form with RBI for foreign investments

Documents Required for Foreign Nationals and NRIs

For Individual Foreign Directors:

• Passport (Notarized & Apostilled)
• Address proof (Utility bill/Driver’s license)
• Recent photographs
• DIN & DSC forms

For Foreign Companies:

• Certificate of Incorporation (Apostilled)
• Board resolution approving Indian investment
• Identity & address proof of authorized signatory

Key Legal and Tax Insights

• 100% Foreign Ownership: Permitted in sectors like IT, trading, e-commerce (marketplace model), consulting, and manufacturing.
• Sole Proprietorship: Not permitted for foreign nationals. NRIs may require prior RBI approval for repatriation of funds.
• Taxation:
  • Corporate Tax: ~25–26% for domestic companies
  • GST: Varies by business type
  • Transfer Pricing: Applies to intercompany transactions
  • DTAA Benefits: Avoid double taxation through bilateral treaties

Important Tips for a Smooth Business Setup

• Work with a Legal Consultant: Hire firms specializing in foreign incorporations to handle FDI, FEMA, and MCA formalities.
• Avoid Using Fake or Unverified Addresses: Use government-compliant virtual offices or physical premises for smooth GST and bank verification.
• Check Sector-Specific FDI Limits: Always verify if your industry requires government approval before investing.
• Follow RBI & FEMA Guidelines: Use authorized banks for fund transfers and ensure timely FCGPR filings.

Can Citizens from the US, UK, or Europe Start a Company in India?

Yes. Most nationalities—including the US, UK, and EU—can register businesses in India. However, special approval is required for individuals/entities from neighboring countries like China, Pakistan, and Bangladesh due to national security protocols.

FAQs – How NRIs and Foreign Nationals Can Start a Company in India

Q1. Can a foreigner fully own an Indian company?
Yes, in most sectors under the automatic route.

Q2. Is a resident Indian director required?
Yes, at least one director must have stayed in India for over 120 days in the last financial year.

Q3. Can the process be done remotely?
Yes, most registration steps are now digital.

Q4. Is a business visa needed?
Yes, for active involvement in operations and management in India.

Q5. Can NRIs repatriate profits?
Yes, if RBI and FEMA norms are followed and taxes are paid.

India offers a dynamic business environment with unmatched access to markets, skilled talent, and investor-friendly reforms. How NRIs and foreign nationals can start a company in India is no longer a mystery—just a structured process backed by the right legal knowledge and compliance.

Partnering with an experienced advisor can help you cut through red tape, meet all legal mandates, and focus on scaling your vision in one of the world’s most promising markets.

Ready to launch? Your Indian entrepreneurial journey starts now.