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Company registration in India for NRIs and foreign nationals

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NRIs and foreign nationals can own and direct an Indian private limited company. The process is the same SPICe+ filing, with three extra things to plan for: a resident director, notarised or apostilled documents, and foreign investment reporting.

Requirements

  • At least one director who stays in India 182 days or more in the financial year. See resident director requirement.
  • Foreign directors and subscribers provide passport and address proof, notarised or apostilled in their country.
  • Each foreign individual needs a DSC, issued against passport-based KYC.
  • The sector must allow foreign investment under the automatic route, or government approval is needed.

Foreign investment compliance

  1. 1.Subscription money must come through normal banking channels from abroad (or an NRE/FCNR account).
  2. 2.The bank issues a foreign inward remittance certificate and KYC.
  3. 3.Shares are issued at or above fair value under FEMA pricing rules.
  4. 4.File FC-GPR on the RBI FIRMS portal within 30 days of allotment.
  5. 5.File the annual return on foreign liabilities and assets each year.

Frequently asked questions

Yes, in sectors with 100% FDI under the automatic route, such as most software and services.

This guide is general information, not legal advice. Government fees and procedures change; confirm current figures before you file.

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