Indian Subsidiary Registration

How to Register Foreign Company under Startup India?

How to Register a Foreign Owned Company under Startup India

Introduction

Registering a foreign-owned company under Startup India gives international entrepreneurs access to India’s thriving startup ecosystem. To get started, it is important to know the eligibility, steps, and compliance involved.

 

Summary

  • Startup India promotes innovation and startup growth in India.
  • Foreign-owned companies can register if incorporated under Indian law.
  • DPIIT recognition is essential to access benefits.
  • Entities must follow the Companies Act, 2013.
  • Tax, funding, and IP benefits are available upon recognition.
  • Entire process is online via official portals.

What is the Startup India Scheme?

Startup India is a government-led initiative launched in 2016 to support startups and promote innovation. Managed by the Department for Promotion of Industry and Internal Trade (DPIIT), it offers several benefits to startups operating in India.

Key Features:

  • Tax exemptions and relaxations for eligible startups.
  • Faster IP services and up to 80% rebate in patent filing.
  • Access to Fund of Funds for Startups (FFS).
  • Relaxed norms for public procurement.

To qualify, companies must be incorporated in India and must not be older than 10 years, with a turnover below INR 100 crores.

Can a Foreign-Owned Company Register under Startup India?

Yes. A foreign-owned company can register under Startup India if it is incorporated in India under the Companies Act, 2013, and recognized by DPIIT. While the shareholding can be foreign, the company must be Indian-registered and operate within India.

Why Should Foreign-Owned Companies Register under Startup India?

Registering under Startup India offers practical advantages that make business operations and growth easier in India.

Key Benefits:

  • 3-Year Tax Exemption: Income tax relief under Section 80-IAC for the first 3 years post recognition.
  • Access to Government Funding: Apply for funding from FFS via SIDBI.
  • Self-Certification Compliance: Available under 9 labor and environmental laws.
  • IPR Assistance: 80% rebate in patent filing and faster examination of applications.
  • Improved Visibility: Listed under the Startup India directory, building trust and credibility.

What Are the Eligibility Criteria for Registration?

To register under Startup India, the foreign-owned company must fulfill these:

  • Company Type: Private Limited Company or LLP or Registered Partnership.
  • Incorporation Age: Not older than 10 years.
  • Annual Turnover: Not more than INR 100 crores in any financial year.
  • Innovation-Based Model: The business must work on new products or scalable solutions.
  • Not from Restructuring: Must not result from the split or reconstruction of an existing business.

Source: Startup India Official Guidelines

 

Open Indian subsidiary business effortlessly with expert guidance on legal compliance, registration, and market entry strategies.

How to Register a Foreign-Owned Company under Startup India?

  1. Step 1: Incorporate a Company in India – Incorporate your business as a Private Limited Company or LLP under the Companies Act, 2013. Visit: www.mca.gov.in
  2. Step 2: Create an Account on Startup India – Go to Startup India Portal and create your user profile.
  3. Step 3: Apply for DPIIT Recognition – Log in and select “DPIIT Recognition for Startups” from your dashboard. Fill out the online application form.

Documents Required:

  • Certificate of Incorporation (from MCA).
  • PAN and Director details.
  • Startup summary explaining innovation.
  • Website link or product video (optional, but helpful).
  1. Step 4: Wait for DPIIT Review – DPIIT will review your application. If everything is in order, you’ll receive a Certificate of Recognition via email.
  2. Step 5: Avail Benefits – Once recognized, access benefits including income tax exemptions, IP rebates, and government funding options.

What Are the Common Challenges in Startup India Registration?

Foreign entrepreneurs may face a few difficulties:

  • Understanding Indian Compliance: Legal documentation can be unfamiliar for non-residents.
  • Local Director Requirement: A Private Limited Company must have at least one resident Indian director.
  • Documentation Errors: Missing or incorrect paperwork can delay DPIIT approval.
  • Banking and Tax Filing: Setting up Indian bank accounts and maintaining returns can be tough without guidance.
  • Language Limitations: Legal documents are mostly in English and Hindi.

Real-Life Example

A UK-based SaaS entrepreneur launched a fin-tech startup in Hyderabad in 2022. The company was registered as a Private Limited Company in India. After receiving DPIIT recognition, it became eligible for a 3-year tax exemption and was able to raise seed funding from SIDBI’s Fund of Funds in early 2023.

Comparison Table: Startup India vs. Regular Registration

Feature Regular Company Startup India Recognized
Tax Benefits Not available 3-Year Tax Exemption (Sec 80-IAC)
IPR Support Normal charges 80% Patent Fee Rebate
Compliance Norms Full compliance Self-certification allowed
Access to Govt Funds Not eligible Eligible for FFS

Conclusion

Foreign-owned companies can benefit by registering under Startup India, provided they are incorporated in India and comply with DPIIT guidelines. The process is straightforward and online. From tax relief and easier IP filing to funding opportunities, Startup India gives a strong foundation for foreign entrepreneurs in India. With proper documentation and support, you can scale faster in India’s startup space.

Suggested Read :

How to Register a Foreign Subsidiary
Benefits of Startup India Recognition
Registering a Private Limited Company
Section 80-IAC Tax Exemption
Step-by-Step DPIIT Registration Guide

FAQ


1. Can a foreigner hold 100% ownership in an Indian startup?

Yes, if the entity is incorporated in India under FDI-compliant sectors.


2. Can a foreign LLP register under Startup India?

Only LLPs incorporated in India are eligible, not foreign LLPs directly.


3. What kind of entity is eligible for Startup India?

Private Limited Company, LLP, or Registered Partnership.


4. What documents are needed for DPIIT recognition?

Incorporation Certificate, PAN, startup details, and optionally a pitch video.


5. Is there a deadline for applying for DPIIT recognition?

No deadline, but earlier application ensures timely benefits.


6. Can I apply from outside India?

Yes, but the business must be registered and operational in India.


7. How long is DPIIT recognition valid?

Recognition is valid for up to 10 years from incorporation.


8. Can a startup older than 10 years apply?

No, it must be under 10 years old to be eligible.


9. Do I need Indian employees before registration?

Not mandatory, but having an Indian resident director is required.


10. Are there sector restrictions?

Yes, sectors under FDI restrictions require special approvals.

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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