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India — A Prime Destination for Global Business Expansion

India has emerged as one of the most promising destinations for entrepreneurs and multinational corporations seeking to expand their global presence. With a fast-growing economy, abundant skilled workforce, digital advancement, and favorable government initiatives like Make in India and Ease of Doing Business, the country continues to attract substantial foreign investment.

In 2022, India ranked third globally for new (Greenfield) FDI projects, reaffirming investor confidence and its robust business ecosystem.

Whether you are an Indian entrepreneur or a foreign investor, our team at PGAS & Associates offers comprehensive support for business setup and company formation in India — from entity structuring and legal registration to compliance and operational readiness.

How can Foreign investors establish a business in India?

Foreign investors can enter the Indian market through multiple structures, depending on ownership preference, industry sector, taxation, and operational flexibility.

Entrepreneurs can set up either a Private Limited Company or Public Limited Company, allowing variations like:

  • Wholly owned Subsidiary
  • Joint Venture
  • Ownership by Foreign Resident

Combining features of a Partnership Firm and a Company, LLP permits 100% FDI investment through the Automatic Route

It is the set-up for carrying out Import, Export, Research, and execution of projects. It can be registered as:

  • Branch Office: Engages in Import, Export, Research, and Consultancy activities.
  • Liaison Office/ Representative Office: Represents the foreign parent company in India.
  • Project Office: Operates as per contract of a specific project.

Structure of Business Establishment

Setting up a business in India involves adherence to specific rules and regulations. Refer to the following chart for comprehensive details on how to establish your own company in India.

Particulars Wholly Owned Subsidiary Joint Venture Ownership by Foreign Individual
About A company wholly owned, managed, and controlled by the parent company An arrangement between multiple parties forming a separate legal entity, e.g., a Company, LLP, or partnership A company wholly owned, managed, and controlled by the foreign individual/s
Ownership Solely owned by the parent company Shared ownership among entities forming the Joint Venture Solely owned by the foreign individual
Control & Management By Parent company Governed collectively by all involved entities through a Joint Venture Agreement By foreign individual
Taxation India India India
Liability Parent company not personally liable for subsidiary’s debts and obligations Entities share responsibilities jointly or severally based on the agreement for the obligations of the Joint Venture Foreign individual not personally liable for Indian company’s debts and obligations

Types of Business Establishment in India

Explore Diverse Business Structures in India: A comprehensive overview of establishment types, compliance essentials, and key criteria for various business entities under Indian law.
Particulars One Person Company (OPC) Private Limited Public Limited LLP
Governing Act/ Law Companies Act, 2013 Companies Act, 2013 Companies Act, 2013 LLP Act, 2008
Separate legal Identity Yes Yes Yes Yes
Defaults Liability Directors Directors Directors Designated Partners
Members Min/Max 1/1 2/200 7/No Limit 2 Designated Partners/No Limit
Directors Min/Max 1/15 2/15* 3/15* 2 Designated Partners/No Limit
Resident Director# 1 Mandatory (NRI permitted) 1 Mandatory 1 Mandatory 1 Designated Partner
Public Subscription of shares Not allowed Not allowed Allowed Not allowed
Income Tax Rate** Ranging from 17.16% to 34.94% Ranging from 17.16% to 34.94% Ranging from 17.16% to 34.94% Ranging from 31.20% to 34.94%
Audit Mandatory Mandatory Mandatory Mandatory* (limit based)

* After passing a special resolution in a general meeting, a Company may appoint more than 15 directors.
** (including surcharge and education cess)

# Resident Director: Every company should have at least one director who has stayed in India for at least 182 days in the financial year (120 days in the case of LLP and OPC) and in each subsequent year.

One Person company(OPC)

“Going Solo in Business? A One Person Company Could Be Your Best Move.”

Every business starts somewhere. For some, it’s a garage. For others, it’s a spare room, a laptop, and one determined individual. If you’re someone who has been running your show solo and wants to elevate things legally, then a One Person Company (OPC) might just be the right step forward.

It is suitable for individuals who don’t yet have a co-founder or partner. It’s an ideal choice for solo entrepreneurs, freelancers, or consultants who want to move beyond the informal setup of a sole proprietorship.

What is a One Person Company (OPC)?

A One-Person Company (OPC) is a private limited company for solo entrepreneurs. It lets a single individual own and manage the entire business—no partners, no shared ownership—while enjoying the perks of a structured legal entity. Introduced under the Companies Act, 2013, OPCs were created to give individual business owners the legal identity, credibility, and limited liability protection typically reserved for larger setups. Whether you’re providing services, selling products, or launching a startup, registering as an OPC gives your business the formal structure it needs, without adding unnecessary complexity.

Benefits of a One Person Company in India

OPCs offer a smart upgrade for solo entrepreneurs who want more than an informal setup. Rather than operating as a sole proprietorship, registering as a One-Person Company gives your business a formal identity, legal backing, and the freedom to scale with confidence.

Here’s what makes OPCs a powerful choice:

Benefits of OPC

  • Limited Liability: Personal assets stay safe.
  • Full Control: One person is both owner and director.
  • Separate Legal Identity: Can sign contracts, own property, face legal action.
  • Better Trust: Banks and clients treat OPCs more professionally than proprietorships.
  • Easy to Scale: Can be converted to a private limited company anytime.

Eligibility

  • Must be an Indian citizen and resident (120+ days in India).
  • Only one shareholder and one director.
  • Must appoint a nominee.
  • Cannot operate in finance/NBFC

Public Limited Company

A public company is an entity, the ownership of which is disseminated to the general public in the form of shares or securities that are freely traded on any stock exchanges or over-the-counter exchanges or can be acquired privately through an Initial Public Offering (IPO)

The model of a public limited company (Pvt Ltd..) provides a huge platform for entrepreneurs to expand their business horizons nationally as well as internationally. A public company can raise money from the general public, and they have a full stake and interest in the company.

Key Features:

  • Requires minimum 3 directors (one must be Indian resident) and no limit on shareholders.
  • Company name must end with “Limited” or “Ltd.”
  • Must have a registered office.
  • No minimum capital
  • Can perform any legal business activity.
  • Shareholders’ liability is limited, while the company’s liability is unlimited.

Benefits:

  • Limited liability protection for shareholders.
  • High growth potential due to diverse fundraising options.
  • Better borrowing capacity and trust from banks.
  • Easy share transferability and high liquidity in market.
  • Strong credibility due to strict regulatory compliance

Private Limited Company

A Private Limited Company is one of the most preferred business structures in India, especially for startups and growing businesses. It offers limited liability, easy fundraising opportunities, and flexibility in operations and management.

Incorporation Process (Basic)

For companies with up to 7 promoters, incorporation is done online through the SPICe+ form as per Rule 38 of the Companies (Incorporation) Rules, 2014.

Key Features:

  • Needs minimum 2 directors and 2 members (max 15 directors & 200 members).
  • At least one director must be an Indian resident (120+ days in India).
  • Company name must end with “Private Limited” / “Pvt. Ltd.”
  • No minimum capital
  • Can conduct any lawful business with shareholders’ approval for changes.
  • Limited liability: Personal assets are protected.
  • Shares cannot be publicly traded or offered to the general public.

Benefits

  • High fundraising potential – preferred by banks, investors & VCs.
  • Easy registration & management compared to other structures.
  • Enjoys the flexibility of partnerships + advantages of a company.
  • Easy transfer of shares among members/investors.
  • Simplified winding-up
  • Greater confidentiality since financials are not publicly disclosed.

Limited Liability Partnership (LLP)

A Limited Liability Partnership (LLP) is a hybrid structure that combines the benefits of a company and a traditional partnership. Partners enjoy limited liability, meaning personal assets are protected if the business faces losses or bankruptcy.

Key Characteristics

  • Separate legal entity with perpetual succession.
  • Partners can sue each other if disputes arise.
  • Ideal for startups/small businesses with capital < ₹25 lakh and turnover < ₹40 lakh, as no compulsory audit is required.
  • LLP can own property in its own name.
  • Partners both own and manage the business (unlike Pvt Ltd where owners and directors can differ).

Requirements to Register an LLP

  • Minimum 2 partners (no upper limit).
  • If a partner is a company, a nominee must be appointed.
  • No minimum capital required.
  • At least one resident Indian partner.
  • DPIN and DSC required for partners.
  • Registered office address (can be residential) + NOC if rented.

Registration Process

  1. Name Approval by Registrar.
  2. File Form FiLLiP for incorporation (single window form for DIN, name approval, and office address).
  3. Obtain Incorporation Certificate.
  4. Apply for PAN & TAN.
  5. Draft and file LLP Agreement (Form 3 within 30 days).

Documents Needed

For partners:

  • ID proof (PAN/Aadhaar/Passport etc.)
  • Address proof (bank statement/utility bill)
  • Photograph & signature

For registered office:

  • Utility bill
  • Rent agreement + NOC (if rented)
  • Sale deed (if owned)