India has become one of the most attractive destinations for foreign entrepreneurs due to its fast-growing economy, startup-friendly policies, and relaxed Foreign Direct Investment (FDI) norms. If you're a foreign national or a Non-Resident Indian (NRI) looking to register a company in India, here's everything you need to know.

Types of Business Entities Foreigners Can Register in India

Foreign individuals and companies can register different types of business entities in India. The most common options are:

Business Type FDI Route Key Features
Private Limited Company Automatic Most popular structure, limited liability, minimum 2 directors (1 must be Indian resident)
Public Limited Company Automatic Suitable for large-scale businesses, allows public fundraising
Limited Liability Partnership (LLP) Requires Approval in some sectors Hybrid structure, fewer compliance requirements than a company

Step-by-Step Process to Register a Company in India

1. Get Digital Signature Certificate (DSC)

All directors must obtain a DSC to sign online documents. For foreign nationals:

  • Submit notarized and apostilled copy of passport

  • Provide recent proof of address (within the last 2 months)

2. Apply for Director Identification Number (DIN)

DIN is required for anyone wishing to be a director in an Indian company. You can apply through the MCA portal by submitting identity proof, address proof, and a photo.

3. Reserve Company Name

Propose a unique company name through the RUN (Reserve Unique Name) service on the MCA website. The name must not:

  • Be identical to existing companies or trademarks

  • Mislead the public

  • Break naming rules as per Companies Act

4. Draft and Submit Incorporation Documents

Important documents include:

  • Memorandum of Association (MoA)

  • Articles of Association (AoA)

  • Proof of registered office (rental agreement or ownership docs)

  • NOC from property owner if applicable

These documents are submitted through the SPICe+ (INC-32) form on the MCA portal along with e-MoA and e-AoA.

5. Receive Certificate of Incorporation

Once verified, the Registrar of Companies (RoC) issues:

  • Certificate of Incorporation

  • Corporate Identification Number (CIN)

  • PAN and TAN numbers

Required Documents

For Foreign Directors or Shareholders:

  • Notarized and apostilled copy of passport

  • Recent proof of address

  • Passport-sized photograph

For Indian Resident Director:

  • PAN card

  • Proof of Indian address (Aadhaar, voter ID, utility bill)

  • Passport-sized photo

For Registered Office:

  • Utility bill or property tax receipt

  • No Objection Certificate (NOC) if rented

Important Points to Know

  • At least one director must be a resident in India (must have stayed in India for at least 182 days in the last year).

  • Most sectors allow 100% FDI through the automatic route, but some may require government approval.

  • Your company must maintain regular compliance after registration – this includes filing annual returns, tax returns, and maintaining statutory registers.

Need Help?

Setting up a business in a foreign country can be complex, but professional firms like CompaniesNext can guide you through the entire registration process in India. From legal paperwork to regulatory compliance, they can help you launch with confidence.

Final Thoughts

Registering a company in India as a foreigner is entirely possible and becoming easier with digital tools and relaxed policies. By following the right steps and seeking professional help when needed, you can take full advantage of India's growing economy and start building your business in this promising market.