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guide· Adv. Bhawna Yadav

How a foreign company or NRI opens a company in India

A plain-language walkthrough for US, UK, UAE, Singapore and NRI founders: the entity options, the resident-director rule, apostille requirements, and the FEMA reporting that follows.

If you run a company abroad — or you are an NRI in the USA, UK, UAE, Singapore, Canada or anywhere else — you can absolutely set up in India. The questions are which structure to use, and what the law requires of a foreign owner. Indian advocates may advise foreign clients on Indian law, and our office acts as your single point of contact in India. ## Step 1: choose the right vehicle There are five common routes, each governed by FEMA and either the Companies Act, 2013 or the LLP Act, 2008: - **Wholly-Owned Subsidiary (Private Limited).** A 100% foreign-owned Indian company, on the automatic route in most sectors. Best for long-term operations, hiring and a clean exit. - **LLP with FDI.** Up to 100% foreign investment where the sector allows it with no performance conditions — a lower-compliance option popular with NRIs and small foreign partnerships. - **Branch office.** An extension of your parent that can earn revenue from permitted activities, set up with Reserve Bank of India approval. - **Liaison office.** A representative office for market study — it cannot earn income in India. - **Project office.** Tied to a specific Indian contract you have won. ## Step 2: meet the resident-director rule A Private Limited company needs at least two directors, one of whom must be an India-resident — someone who has stayed in India for at least 182 days in the previous financial year. An LLP needs at least one resident designated partner. If you do not have a candidate, a nominee resident director can be arranged. ## Step 3: get your documents apostilled Foreign-issued documents — your passport, address proof, the parent company's incorporation certificate and board resolution — must be apostilled in your home country (for Hague Convention countries) or notarised and consularised (for others). We share a country-specific checklist so nothing bounces. ## Step 4: incorporate and report We incorporate the entity, obtain PAN and TAN, and then handle the FEMA reporting that foreign investment triggers — most importantly the **FC-GPR filing** on the Reserve Bank's FIRMS portal within 30 days of share allotment, followed by the annual FLA return. ## Common scenarios we handle Opening an Indian LLP as an NRI from the USA. Registering an Indian Private Limited company as a foreign national from the UK. Setting up a branch office from Singapore or the UAE. Whatever your base, the path is well-trodden — see our [India-entry desk](/services/foreign-entity) for structures and fixed USD pricing.