Setting Up a Private Limited Company
in India with Foreign Investment
India offers tremendous opportunities for global businesses—and setting up a Private Limited Company is often the most strategic entry point.
Minimum of 2 Directors, with at least one resident in India
Minimum of 2 Shareholders – foreign nationals or foreign body corporates can hold shares
A registered office in India is mandatory
Digital signatures are required for all proposed directors and subscribers to the MoA and AoA.
For foreign nationals, DSCs are issued by Indian Certifying Authorities upon submission of:
✅ Passport copy
✅ Address proof
✅ Photograph
✅ Mobile number and email ID
DINs are allotted while filing the SPICe+ form. For foreign directors, documents (passport, ID proof, etc.) must be notarised and apostilled/consularised per embassy standards.
We help you reserve a legally compliant and distinctive name through the MCA portal, in line with Registrar of Companies’ guidelines.
✅ For Foreign Individuals:
Self-attested copy of passport
ID proof and address proof
Colour passport-sized photograph
All documents must be notarised and apostilled/consularised
✅ For Foreign Body Corporates:
Certificate of Incorporation
Board resolution authorising investment and an authorised signatory
Notarised and apostilled MoA/AoA or charter documents
Details of natural person acting as nominee or representative
Our team handles the online submission of:
SPICe+ (Part B)
INC-33 (e-MoA)
INC-34 (e-AoA)
AGILE-Pro (for GST, EPFO, ESIC, Shops & Establishment, and bank account)
DIR-2 (Consent to act as Director)
INC-9 (Subscriber declarations)
Proof of Registered Office Address
All incorporation documents must be filed within 20 days of name approval.
PAN and TAN are issued automatically with the Certificate of Incorporation
GST registration is optional and can be applied for via AGILE-Pro
Once the Registrar of Companies (ROC) verifies the documents and filings, the COI is issued—legally establishing your Indian entity.
File INC-20A (Declaration of Commencement of Business) within 180 days of incorporation
✅ FDI Compliance
Ensure your business activity is eligible for foreign investment under the automatic or approval route as per the FDI Policy.
✅ FEMA & RBI Filings.
Upon allotment of shares to foreign shareholders, Form FC-GPR must be filed with the Reserve Bank of India (RBI) under FEMA regulations.
Setting up a company in a foreign jurisdiction requires more than procedural compliance—it demands precision, strategic structuring, and regulatory insight. Our team has extensive experience advising global clients on cross-border investments, FDI compliance, and regulatory structuring across sectors.
Planning to expand into India?
We’ll guide you from incorporation to regulatory filings and beyond..
At SPN Legal, we assist clients across every stage of LLP formation, ensuring regulatory compliance,
speed, and clarity.
At SPN Legal, our Corporate Law team ensures your company gets the right start with a fully compliant and streamlined incorporation process.
At SPN Legal, we assist clients across every stage of Startup Registration, ensuring regulatory compliance,
speed, and clarity.
Choosing the right structure for your business is more than just paperwork — it’s a strategic decision that affects compliance, control, scalability, and your
long-term goals.
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