Indian Subsidiary

An Indian subsidiary is a business entity that is controlled or owned by a foreign company, known as the parent company, and operates within the jurisdiction of India. The establishment of an Indian subsidiary is a common strategy for foreign companies looking to expand their operations into the Indian market or engage in business activities in the country.

There are several reasons why a foreign company may choose to set up an Indian subsidiary. These include accessing new markets, leveraging India’s skilled workforce, reducing operational costs, or complying with local regulations and requirements.

To establish an Indian subsidiary, the foreign company must comply with the regulations and procedures outlined by the Ministry of Corporate Affairs (MCA) in India. This typically involves registering the subsidiary as a separate legal entity, often as a private limited company or a limited liability partnership (LLP), depending on the nature of its business activities.

Once registered, the Indian subsidiary operates independently of the parent company, with its own management structure, board of directors, and legal obligations. However, the parent company retains control over the subsidiary through its ownership of shares or other forms of equity.

Indian subsidiaries may engage in various business activities, including manufacturing, trading, services, research and development, and technology transfer, depending on the objectives of the parent company and the market opportunities available in India.

Operating as an Indian subsidiary offers several advantages for foreign companies, including access to India’s large and rapidly growing consumer market, proximity to regional markets in Asia, access to skilled labor at competitive costs, and favorable government policies and incentives for foreign investment.

However, setting up and operating an Indian subsidiary also entails certain challenges and considerations, including navigating complex regulatory requirements, cultural differences, market competition, and potential risks associated with doing business in a foreign market.

Overall, establishing an Indian subsidiary can be an effective strategy for foreign companies seeking to expand their global footprint, tap into India’s vast economic potential, and capitalize on emerging opportunities in one of the world’s fastest-growing economies.

Indian Subsidiary FAQ's

A subsidiary company is a business entity controlled, in part or entirely, by a foreign parent company. The registration process for such a company in India is governed by the Companies Act of 2013.
 

There are two primary types:

  • Wholly-owned subsidiaries, where the parent company owns 100% of the shares
  • Subsidiary companies, where the parent company owns at least 50% of the shares.
Some advantages include entry into the Indian market is:
  • Foreign direct investment opportunities
  • Perpetual succession
  • Limited liability
  • Scope for diversification
  • Separate legal identity
 
The Ministry of Corporate Affairs (MCA), Registrar of Companies (ROC), and Reserve Bank of India (RBI) are the regulatory authorities involved in the process.
 
Yes, India has strict rules for company names, and they must be unique and distinct from existing businesses names or trademarks.
 
 
The parent company can hold 100% of the shares, or at least two foreign nationals can be shareholders. An Indian resident shareholder is not mandatory.