In short: Most foreign companies enter India through a wholly owned subsidiary (a private limited company), a joint venture, or a liaison, branch or project office. A subsidiary is incorporated online through the SPICe+ form, needs at least two directors (one resident in India for 182 days or more in the financial year) and two shareholders, and must report the foreign investment to the RBI in Form FC-GPR within 30 days of issuing shares. KNM India handles the full sequence: entry strategy, entity choice, incorporation, FEMA reporting and annual compliance.

The right structure depends on how much control you want, the capital you plan to invest, your long-term strategy and your sector’s rules. Foreign companies can enter India as a domestic entity (a wholly owned subsidiary, joint venture company or LLP) or as a foreign entity (a liaison, branch or project office).
Other routes to market: direct exporting, franchising and acquisitions. Each trades off control, cost, risk and speed differently.
| Entry option | What it can do | Approval | Legal status and tax |
|---|---|---|---|
| Wholly owned subsidiary | Any lawful business | Automatic route in most sectors; government route for some sectors and for land-border countries (Press Note 3 of 2020) | Indian company, limited liability, domestic company tax rates |
| Joint venture company | Any lawful business, with a partner | Same as subsidiary for the foreign share | Indian company, limited liability, domestic company tax rates |
| LLP | Business in sectors where 100% FDI is allowed under the automatic route without performance conditions | Automatic route only | Indian LLP, limited liability |
| Liaison office | Representation only; no income in India | AD Category-I bank under FEMA (RBI in specified cases) | Part of the foreign company |
| Branch office | Permitted activities such as export and import, consultancy and research; no manufacturing outside SEZs | AD Category-I bank under FEMA (RBI in specified cases) | Part of the foreign company, taxed as a foreign company |
| Project office | One specific project | General permission if conditions are met | Part of the foreign company, taxed as a foreign company |
<ul>
<li><strong>FDI policy:</strong> sector caps and approval routes decide whether you can invest automatically or need government approval. Check the current policy with DPIIT before you decide.</li>
<li><strong>Companies Act, 2013:</strong> incorporation, board, filing and annual compliance requirements.</li>
<li><strong>Production Linked Incentive (PLI) schemes:</strong> incentives for eligible manufacturing investments, each with its own eligibility rules and application process.</li>
<li><strong>SEZs and industrial corridors:</strong> tax, logistics and operational benefits in designated zones.</li>
<li><strong>Direct tax:</strong> corporate tax rates, tax holidays and Minimum Alternate Tax (MAT).</li>
<li><strong>GST:</strong> registration, returns and input tax credit.</li>
<li><strong>Transfer pricing and international tax:</strong> arm’s length pricing, documentation and Double Taxation Avoidance Agreements (DTAAs).</li>
</ul>
For US companies: documents from the US parent are apostilled in the state where they are issued, since the US is a member of the Hague Apostille Convention. Plan transfer pricing for services and royalties between the US parent and the Indian company from day one, and check India–US tax treaty benefits before setting up payment flows.
For Japanese companies: Japan is also a member of the Apostille Convention, so documents are apostilled in Japan. KNM’s Tokyo office supports Japanese headquarters through approvals, document preparation and reporting to the parent. Read more in Japanese on our Japanese site.
The main alternatives to a branch office in India are a wholly owned subsidiary, a joint venture company, a limited liability partnership (LLP), a liaison office or a project office. A subsidiary or joint venture is an Indian company that can carry on full business; a liaison office can only represent the parent and, like a branch office, needs RBI approval; a project office is set up for a specific project. KNM India compares these structures against your planned activities and ownership as part of its India entry strategy service.
It is your plan for entering the Indian market: which customers you will serve, which entry mode and legal structure you will use, what approvals you need, and how you will stay compliant after launch.
It depends on your goals. A wholly owned subsidiary gives full control, a joint venture adds a local partner’s knowledge, and a liaison or branch office suits limited activities. KNM compares the options for your case.
Choose the right entity, register it with the Registrar of Companies, obtain the required approvals and licences, and complete tax registration, including GST.
Both require approval from the Reserve Bank of India. A project office can be set up under the RBI’s general permission.
Manufacturing (supported by PLI schemes), fintech and AI, renewable energy, healthcare and pharma, and consumer markets.
Complex regulations, regional and cultural differences, local competition, and supply chain and talent management. Research, the right structure and local expertise reduce these risks.
Incorporation usually takes a few weeks once the parent’s documents are signed and legalised; legalising documents abroad is often the slowest step. After incorporation, shares must be issued within 60 days of receiving the investment, Form FC-GPR filed within 30 days of allotment, and Form INC-20A within 180 days.
Yes, in most sectors under the automatic route, without prior government approval. Some sectors have caps or need approval, and investors from countries sharing a land border with India need approval under Press Note 3 of 2020.
Yes. At least one director must stay in India for 182 days or more in the financial year. The other directors can be foreign nationals.
FC-GPR is the form an Indian company files on the RBI’s FIRMS portal to report shares issued to a foreign investor. It is due within 30 days of allotting the shares.

