Foreign entities that want to have operations out of India or legally hire employees in India must have a legal entity set up in the form of either a subsidiary company, branch or a wholly owned subsidiary company.
To open a branch offices, you’ll need an Indian resident responsible for all legal filings. Branch offices have limited working capabilities in India, but can act as a representative for a foreign parent company and conduct the same activities as the foreign parent company.
The processes and requirements to open either a subsidiary company or wholly-owned subsidiary company are different.
- For a foreign entity to open a subsidiary company under an Indian parent company, must hold at least 50% shares in the company. This will mean the company will be subject entirely to Indian labor laws and be a Private Limited Company (PLC). The company will be treated as a separate entity to the parent company when it comes to income tax. The director of the subsidiary must apply for a Directors Identification Number (DIN).
- For a foreign entity to set up a wholly owned subsidiary company, they must have 100% ownership and it be in a sector that allows 100% foreign investment. At least one of the directors must be of Indian residency and all directors whether local or foreign need to apply for a DIN number.