Visionary Edge AdvisorsLLP

India Entry for Foreign Companies

Guide to Establishing a Business in India for Foreign Investors

At Visionary Edge, we specialize in helping foreign investors navigate the complexities of setting up a business in India. This guide provides an overview of the key considerations and steps involved in establishing your presence in one of the world’s most dynamic markets.

Business Entity Setup & Registration

Business Structure Options

Foreign investors can establish their business in India through various structures:
  • Establishment of various business entities in India, including:
    • Private Company
    • Public Company
    • Limited Liability Partnership (LLP)
      1. Combines features of a Partnership Firm and a Company
      2. Allows 100% FDI investment through the Automatic Route
  • Non-Profit Company
  • One Person Company (OPC)
  • Foreign Company Registration
  • Conversion between entity types (e.g., from Private/Public Company to LLP, OPC, etc.)
Branch Office: For Import, Export, Research, and Consultancy activities Liaison Office/Representative Office: Represents the foreign parent company Project Office: Operates for a specific project
  1. Compliance & Regulatory Support
    • Ensuring compliance with:
      • Company Law
      • Foreign Exchange Laws
      • SEBI Laws
      • Labour Laws
      • Other applicable laws (event-based, monthly, quarterly, and annual)
  2. Board & Shareholder Meeting Assistance
    • Organizing and conducting Board and Shareholder meetings in accordance with secretarial standards.
    • Advising Board Members on fulfilling responsibilities effectively for the benefit of the company and its stakeholders.
  3. Corporate Restructuring
    • Mergers, amalgamations, and demergers.
    • Capital restructuring to optimize company finances.
  4. Winding Up & Dormant Status
    • Assisting in winding up or closing entities, or securing dormant status for inactive companies.
  5. Approvals & Legal Representation
    • Securing approvals from the Regional Director, Company Law Tribunal, or other authorities for:
      • Shifting the registered office.
      • Condonation of delays.
      • Compounding of offences.
      • Addressing issues related to oppression and mismanagement.