Indian Subsidiary Registration

Foreign Manufacturing Subsidiaries in India

Guide for Foreign Manufacturing Subsidiaries Setting Up in India

Introduction

India is rapidly emerging as a preferred destination for global manufacturers. With its expanding economy, government-led incentives, and vast consumer market, establishing a subsidiary in India offers significant growth opportunities. However, understanding the legal, regulatory, and procedural steps is crucial for a seamless entry.

 

Summery

  • India is a key destination for foreign manufacturers due to its market size and supportive policies.
  • Selecting the right business structure, usually a Wholly Owned Subsidiary, is important.
  • The setup process includes company registration, tax filings, and necessary licenses.
  • Compliance with Indian laws and ongoing filings is required.
  • Challenges include regulatory procedures and cultural differences.
  • EbizFiling helps foreign manufacturers navigate legal and compliance requirements smoothly.

Why Foreign Manufactuing Subsidiaries Prefer India

  • Access to a vast market: India boasts over 1.4 billion consumers with increasing demand for quality products.
  • Favorable government policies: Initiatives like “Make in India” promote manufacturing and offer tax benefits.
  • Skilled and affordable workforce: India provides a large pool of technically skilled labor at competitive costs.
  • Strategic location: India’s ports, trade agreements, and Free Trade Agreements (FTAs) facilitate regional export potential.

Types of Business Structures Available

Business Form Description
Wholly Owned Subsidiary (WOS) 100% owned by a foreign company; ideal for full control and long-term commitment.
Joint Venture (JV) Partnership with an Indian entity; beneficial for market knowledge and resource sharing.
Liaison Office Functions as a communication channel; commercial activities are not permitted.
Branch Office Can engage in export/import and consultancy but is restricted from manufacturing locally.

 

For most manufacturing entities, a WOS is the preferred model due to ease of control, operations, and funding flexibility.

Step-by-Step Guide to Setting Up a Subsidiary in India

  1. Select the Appropriate Business Structure: Assess your business goals, operational requirements, and long-term market strategy before choosing a structure.
  2. Obtain Digital Signature Certificate (DSC): Required for digitally signing incorporation documents.
  3. Reserve the Company Name: Apply through the RUN (Reserve Unique Name) service on the MCA Portal.
  4. Incorporate the Company: Submit SPICe+ forms along with MOA, AOA, director documents, and office details.
  5. Apply for PAN, TAN & Bank Account: Register on the Income Tax Portal and open a bank account.
  6. Register Under GST: Mandatory if turnover exceeds the threshold or interstate supply occurs.
  7. Acquire Additional Licenses: IEC, environmental clearances, factory license, etc., depending on the sector.
  8. Choose the State Wisely: Select based on industry focus, incentives, and ease of doing business.
  9. Ensure Ongoing Compliance: Regular ROC, tax, GST, and transfer pricing filings are necessary.

Open Indian subsidiary business effortlessly with expert guidance on legal compliance, registration, and market entry strategies. Expand your global presence with a strong foothold in India’s thriving economy.

Benefits of Setting Up a Subsidiary

  • Complete operational control and independent policy setting.
  • 100% FDI allowed in most manufacturing sectors under the automatic route.
  • Asset ownership including land, machinery, and intellectual property.
  • State-level tax incentives like SGST refunds and capital subsidies.

Obstacles Foreign Manufacturers May Face

  • Regulatory complexity at both central and state levels.
  • Time-consuming license approvals for specific industries.
  • Cultural and language barriers in operations and negotiations.
  • Strict adherence required to FEMA, RBI, and forex regulations.

EbizFiling: Your Legal Ally

We assist foreign manufacturers with:

  • Advisory on the right business structure
  • Company incorporation and document filing
  • GST and PAN/TAN registrations
  • RBI and FEMA compliance
  • Obtaining relevant industrial licenses
  • ROC annual filings and financial services

We ensure that your entry into India is strategic, compliant, and sustainable from the outset.

Conclusion

Setting up a subsidiary in India provides foreign manufacturers with a strategic advantage in South Asia. With proper guidance and up-to-date compliance, your business can capitalize on India’s growing economy. Partnering with experts like EbizFiling ensures a smooth, accurate, and timely setup process.

Suggested Read :

Holding and Subsidiary Company in India

How to start a Subsidiary Company in India?

Understanding FEMA Compliance

Registering a Foreign Subsidiary

Branch Office vs Subsidiary

FAQ


1. Can a foreign manufacturer fully own a company in India?

Yes, 100% Foreign Direct Investment (FDI) is allowed in most manufacturing sectors.


2. Which company structure is ideal for foreign manufacturers?

A Wholly Owned Subsidiary (WOS) offers full control and operational ease.


3. How long does it take to incorporate a company in India?

Typically, 7–10 working days, provided all documentation is accurate.


4. Is GST registration mandatory for a foreign subsidiary?

Yes, if turnover exceeds the threshold or if involved in interstate supply.


5. What licenses are required for manufacturing?

Factory license, IEC, environmental clearances, and sector-specific approvals.


6. Can a foreign national be a director in the subsidiary?

Yes, with a valid Director Identification Number (DIN) and DSC.


7. Do subsidiaries need to comply with Indian tax laws?

Yes, subsidiaries are treated as Indian companies for taxation and must file returns accordingly.


8. Are there tax incentives for manufacturing in India?

Yes, various states offer SGST refunds, subsidies, and capital grants.


9. Is physical presence in India mandatory to set up a subsidiary?

No, it can be completed remotely with the assistance of legal service providers.


10. Can EbizFiling assist with post-incorporation services?

Yes, from GST to accounting and RBI compliance, EbizFiling supports all legal and financial requirements.

Team Ebizfiling

Ebizfiling.com is a leading online platform offering end-to-end business compliance solutions for startups, SMEs, and global companies. With a presence across India and international markets including the USA, UK, and Singapore, the company specializes in company/LLP incorporation, ITR and GST filings, legal advisory, and foreign subsidiary formation. Backed by experienced professionals including CAs, CSs, and legal experts, Ebizfiling delivers accurate, timely, and regulation-compliant services trusted by thousands of businesses. The platform aims to simplify complex compliance processes through technology, personalized support, and a deep understanding of Indian and global regulatory frameworks.

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