What corporate legal services does Corporate Legit provide?

Corporate Legit offers India Entry Services, International Taxation, Direct & Indirect Taxation, Secretarial & Corporate Legal Compliances, Foreign Direct Investment, Intellectual Property Rights, Licensing and Registration, company registration services, Merger and Amalgamation (M&A), Litigation, Virtual CFO Services, International Advisory, Audit Services, and Registration of NGOs.

What India Entry Services do you offer?

India Entry Services helps foreign companies establish operations in India. The service assists with business structuring, necessary approvals, and compliance requirements for foreign businesses seeking to enter the Indian market.

What does your Corporate Secretarial practice cover?

Our Corporate Secretarial practice handles statutory compliance requirements for companies operating in India, including corporate legal documentation, board meeting management, and regulatory filings.

What are your Corporate Restructuring services?

Corporate Legit’s restructuring services include mergers and acquisitions, demergers, and corporate restructuring activities in accordance with regulatory requirements.

What Intellectual Property services do you provide?

We provide trademark search and registration services in IP databases, along with other intellectual property protection services, to safeguard clients’ IP rights in India.

How does Corporate Legit handle taxation matters?

Our taxation practice provides advice under Direct & Indirect Taxation, including income tax planning, GST compliance, double taxation avoidance advisory, and international taxation matters, to ensure clients remain compliant with Indian tax laws

What Registration & Licensing Services do you offer?

Corporate Legit provides registration and licensing services to help businesses obtain the necessary operational permits and registrations to conduct business legally in India.

What are your Regulatory Compliance & Audit Services?

We provide Corporate Compliance services to help businesses meet their statutory obligations and remain compliant with Indian regulatory requirements, along with supporting them through audit services in India whenever needed.

Do you provide Virtual CFO Services?

Yes, Corporate Legit offers Virtual CFO services for businesses requiring financial management expertise without a full-time Chief Financial Officer.

What makes Corporate Legit’s team qualified?

The senior members of the Firm possess professional qualifications in law, accountancy, company secretarial practices and management with international class experience from working with world-class advisory firms, including Big-4 accounting firms and international law firms.

Do you assist with NGO registration?

Yes, Corporate Legit provides Registration of NGOs (Non-Government Organisation) services to help establish non-profit entities in India.

How can businesses contact Corporate Legit?

Businesses can contact Corporate Legit at +91 9990607535, email at office@thecorporatelegit.com, or visit the office at A-77, Second Floor, Sector-4, Noida 201301, New Delhi NCR, India.

April 15, 2026
corporatelegit corporatelegit
Finance, Uncategorized
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Types of Business Entities in India for Foreign Companies: A Complete Guide

Company registration in India for foreign companies is a straightforward process, as it is done through the online document filing process. Foreign companies can register a company in India within a few working days, and without visiting India, the Government of India has made numerous reforms to ease doing business in India.

When a Foreign Company plans to start a business in India, the first step is to finalise the structure of the business for opening a Company in India. There are so many entity options for foreign companies to set up business in India. The majority of foreign companies and domestic businesses prefer to register a Private Limited Company to set up business in India.

We have more than 50 foreign clients in India, including but not limited to wholly owned subsidiaries in the form of Private Limited, LLPs (Limited Liability Partnership), Branch office, Liaison office, Project office, and OPC (One Person Company).

What Are the Main Entity Options for Company Registration in India?

Foreign companies have five main entity options for company registration in India: Private Limited Company, LLP (Limited Liability Partnership), One Person Company (OPC), Branch Office, and Liaison Office. A Private Limited Company is the most popular choice among foreign investors.

Below is a detailed comparison table covering all major parameters to help you choose the right structure for company registration in India:

Particulars	Private Limited Company	LLP	One Person Company (OPC)
Minimum Shareholders Requirement	Minimum Two Shareholders	Minimum Two Partners	One person is required; however, one nominee is also required in case of the death or unsound mind of the main shareholder
Directors	Two	Two	One
Shareholder & Directors can be the same	Yes	Yes	Yes
Resident Director/Partner	Yes, who resides at least 182 days in India in a calendar year	Yes, one Partner who resides in India for at least 120 days in a Financial year	Yes, 120 days in the financial year
Minimum share capital	No, however, banks generally ask for INR 100,000 or 1,100 USD	No, however, banks generally ask for INR 100,000 or 1,100 USD	No, however, banks generally ask for INR 100,000 or 1,100 USD
A foreign company can be a shareholder	Yes	Yes	No, only for Indian Citizens
Foreign Individual Can Be a Shareholder	Yes	Yes	No
FDI (Foreign Direct Investment allowed)	Yes	Yes	No
Registered Address	Yes	Yes	Yes
Digital/Electronic Signature	Yes	Yes	Yes
Time Frame for Registration	5-7 working days	5-7 working days	5-7 working days
Physical Presence for Foreigners	No	No	Not applicable`
Attestation/ Notary Documents	Yes, if documents are signed outside India	Yes, if documents are signed outside India	Yes
Attestation/Notary not required	If authorised signatories are present in India on a valid Business Visa	If authorised signatories are present in India on a valid Business Visa	–
Documents	MOA, AOA, Directors’ Consent, Declarations, address proofs, passport, etc	Partner Consent, Partnership Deed/Agreement, address proofs, etc	Shareholder and Nominee Consent with address and ID proofs, etc
Sample Name	ABC Trading India Private Limited	ABC Trading India LLP	ABC Trading India OPC Private Limited
Class of persons preference	Mostly preferred by foreign companies and potential domestic companies in India, as the structure is easy, and equity shares are held by shareholders	Mostly Indian, closely held businesses, and family businesses	Sole proprietor professionals like doctors, advocates, etc.
Separate Entity	Yes	Yes	Yes
Limited Liability	Yes, Limited Liability up to share capital	Yes, up to Partner’s Share Capital	Yes, up to paid-up capital
Corporate Income Tax rates	22% standard rate + CESS and surcharge – total tax rate is 25.17%	30% + 4% cess = 31.2% and above if turnover is high	22% standard rate + CESS and surcharge – total tax rate is 25.17%
Audit of Accounts	Yes, Audit required irrespective of turnover	No, however, after the threshold of turnover and capital	Yes, Audit required irrespective of turnover
Governed By	Companies Act 2013	LLP Act 2008	Companies Act 2013

What are the Features of a Private Limited Company in India

A Private Limited Company is the most preferred structure for company registration in India for foreign companies. It offers limited liability, perpetual succession, flexible shareholding, and a minimum of only two directors and two shareholders.

Members – To start a Private Limited Company in India, a minimum of 2 members is required to incorporate a Private Limited Company in India, and a maximum number of 200 members as per the provisions of the Companies Act, 2013.

Limited Liability – The liability of each member or shareholder is limited under a Private Limited Company in India. It means that if a company faces a loss under any circumstances, then its shareholders are not liable to sell their own assets for payment. Thus, the personal, individual assets of the shareholders are not at risk.

Perpetual succession – The company keeps on existing in the eyes of the law even in the case of death, insolvency, or the bankruptcy of any of its members. This leads to a perpetual succession of the company. The life of the private company keeps on existing forever.

A number of directors – When it comes to directors, a private company in India needs to have only two directors. With the existence of 2 directors, a private company can come into existence and can start with its operations.

Paid-up capital – There is no minimum capital requirement.

Name – It is mandatory for all the private companies in India to use the word “private limited” after their name

What Are the Steps for Company Registration in India?

Company registration in India involves 10 key steps: Name Approval via MCA’s RUN portal, document preparation, obtaining DSC, filing the SPICe+ form, preparing MOA & AOA, filing AGILE-PRO-S and INC-9 forms, uploading all forms on MCA portal, receiving the Certificate of Incorporation, opening a bank account, and commencing business within 180 days.

STEP I: Apply for Name Approval:

To register a private Company Limited company in India, need to file an application with MCA (Ministry of Corporate Affairs), Spice “RUN” (Reserve Unique Name)

Details required to be mentioned in the online form:

Entity type (i.e., Private Limited, Public, Part I, OPC, Section 8, etc.)
Proposed name (Auto Check Facility)
Comment (Mention Objects of the proposed Company and any other relevant information, like Trade Mark, etc.) and object and activity code like manufacturing, service, and trading, etc.
Payment of Fees: There is no option of pay later challan in RUN. The applicant has to pay fees immediately after submission of the form. After payment, a challan shall be generated.
Validity of Reserved Name: Reserved name shall be valid for 20 days from the date of approval of the name.

STEP II: Preparation of documents

In order to set up a Company in India, the second step is to prepare the documents for the incorporation of the company. After approval of the name of the proposed Company, the applicant has to prepare the following documents;

Declaration by first subscriber(s) and first director(s).
Memorandum of Association
Articles of Association
Declaration by advocate/ CA(Chartered Accountants)/ Cost Accountants/ CS(Company Secretaries) in practice.
NOC from the owner of the property.
Proof of Office address (Conveyance/ Lease deed/ Rent Agreement, etc., along with rent receipts);
Copy of the utility bills (not older than two months)
In principle, approval from the concerned regulator, if any.
In principle, it is mandatory to attach proof of identity and residential address of the subscribers. All the prescribed details of the first directors and subscribers.

Step III: Obtaining DSC(Digital Signature Certificate) of proposed directors:

To register a Private Limited Company in India, Directors must have DSC Digital Signature Certificates (DSC), which are the digital equivalent (that is, electronic format) of physical or paper certificates. DSC is required to sign any electronic document, like e-forms. DSC can be obtained from any licensed Certifying Authority. One Director must have an Indian Income Tax PAN(Permanent Account Number), then only they would be eligible to file an online application to incorporate a Private Limited Company in India.

STEP IV: Fill in the Information in the e-Form:

Once all the above-mentioned documents/ information are available, the applicant has to file the SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) web form on the MCA portal, which integrates name reservation, director identification, and incorporation. Key linked forms include SPICe+ AoA (INC-34), SPICe+ MoA (INC-33), AGILE-PRO-S (tax/registration), and INC-9 (declaration):

Maximum details of subscribers are SEVEN (7). In case of more subscribers, a physically signed MOA & AOA shall be attached to the Form.
Maximum details of directors are TWENTY (20). A maximum of THREE (3) directors are allowed for filing an application for allotment of DIN(Director Identification Number) while incorporating a Company in India.
By affixation of DSC of the subscriber on the SPICe+ 33 (e-MOA) and SPICe+ 34 (e-AOA), the date of signing will appear automatically in the form. ▪ Applying for PAN / TAN will be compulsory for all fresh incorporation applications filed in the new version of the SPICe+ form.
In case of companies incorporated, with a nominal capital of less than or equal to rupees ten lakhs or in respect of companies not having a share capital whose number of members as stated in the articles of association does not exceed twenty, the fee on SPICe+ shall not be applicable.

In case pursuing of any of the objects of a company requires registration or approval from sectoral regulators such as RBI(Reserve Bank of India), SEBI (Securities Exchange Board of India), registration or approval, as the case may be, from such regulator shall be obtained by the proposed company before pursuing such objects and a declaration in this behalf shall be submitted at the stage of incorporation of the company.

Single Window Form: Earlier, if a Person wanted to incorporate a company, then it has to apply for the DIN, Approval of the Name Availability, a separate form for the first Director, the registered office address, PAN, TAN, etc. But this form is a single window for the incorporation of a company. This form can be used for the following purposes:

Application of DIN (up to 3 Directors)
Application for Availability of Name
No need to file a separate form for the first Director (DIR-12)
No need to file a separate form for the address of the registered office (INC-22)
No need to file a separate form for PAN & TAN

STEP V: Preparation of MOA & AOA:

After proper filing of the SPICe+ form, the applicant has to download the SPICe e-form INC-33 (MOA) and SPICe IN-34 (AOA) form from the MCA site. After downloading the form, fill in all the information in the form as per the requirements of Table A to J of Schedule I. After completely filling out the form, affix the DSC of all the subscribers and professionals on the subscriber sheet of the MOA & AOA.

STEP VI: Fill details of PAN & TAN in e-form AGILE-PRO-S (tax/registration) and e-form INC 9 Declaration of Promoters:

It is mandatory to mention the details of PAN & TAN in the Incorporation e-form AGILE-PRO-S. Link to find out the Area Code to file PAN & TAN is given in the Help Kit of SPICe Form+. To register a Company in India, subscribers and directors have to sign the e-form INC-9 as a declaration.

STEP VII: Submission of SPICe +, SPICe e-form INC-33 (MOA) and SPICe IN-34 (AOA), e-form AGILE-PRO-S and e-form INC-9 on MCA portal online-:

Once all the 5 forms are ready with the applicant, upload all five documents to the Linked form on the MCA website and make the payment of the same.

STEP VIII: Certificate of Incorporation:

On the basis of the information filed, the Registrar shall issue a certificate of incorporation to the effect that the proposed company is incorporated under this Act. Registrar shall allot to a company a corporate identity number, which shall be a distinct identity for the company. The incorporation certificate shall be generated with CIN, PAN & TAN.

STEP IX: Open Bank Account in the name of the Company:

Once the certificate of incorporation is issued by the Registrar, the next step is to open a current account in the name of the company.

STEP X: Commencement of Business:

A Company having share capital shall not commence any business or exercise any borrowing powers unless within 180 days of the incorporation date, a declaration is filed by a director to the Registrar in the prescribed form that every subscriber to the Memorandum has paid the value of Shares agreed to be taken by him and the Company has filed with the Registrar a verification of the Registered Office as prescribed in Section 12

Why Choose Us for Company Registration in India?

At CorporateLegit, we have successfully completed company registration in India for more than 500 entities, including Private Limited Companies, LLPs, wholly owned subsidiaries of foreign companies, OPCs, Branch Offices, and Liaison Offices.

Our dedicated team of qualified professionals, including Lawyers, Chartered Accountants, Company Secretaries, Accountants, and Paralegal Experts, brings deep expertise in company registration in India and all post-incorporation compliance requirements.

Our services span the full lifecycle, including:

Company registration in India (Private Limited, LLP, OPC, Branch Office, Liaison Office, Project Office)
Monthly and annual compliance management
Payroll, accounting, and secretarial services
Taxation and audit compliance

If you are planning to expand your business to India, get in touch with our team today to begin your company registration in India with expert guidance every step of the way.

Frequently Asked Questions

Q1. How long does company registration in India take for a foreign company?

Company registration in India typically takes 5–7 working days, provided all documents are in order. The process is fully online and does not require physical presence in India. Foreign directors and shareholders can complete the entire process remotely.

Q2. Can a 100% foreign-owned company be registered in India?

Yes. Foreign companies can establish a wholly owned subsidiary (100% foreign ownership) through company registration in India, most commonly as a Private Limited Company. Foreign Direct Investment (FDI) is permitted in both Private Limited Companies and LLPs under the automatic route for most sectors.

Q3. What is the minimum capital requirement for company registration in India?

There is no statutory minimum capital requirement for company registration in India for a Private Limited Company or LLP. However, most banks require a minimum deposit of INR 1,00,000 (approximately USD 1,100) to open a corporate current account after incorporation.

Q4. Does a foreign director need to visit India for company registration in India?

No. Physical presence in India is not required for company registration in India. Foreign directors can sign documents outside India, provided they are notarised/apostilled. However, if the authorised signatory is present in India on a valid Business Visa, attestation/notarisation is not required.

Q5. Which entity type is best for company registration in India for a foreign company?

A Private Limited Company is the most preferred and recommended structure for company registration in India for foreign companies. It allows 100% FDI, offers limited liability protection, requires only two directors and two shareholders, and is governed by the well-established Companies Act 2013. It also qualifies for a standard corporate income tax rate of 25.17% (inclusive of CESS and surcharge).