Step-by-Step Company Registration in India for Foreign Nationals
India welcomes foreign entrepreneurs, and company registration in India for foreign nationals is a well-defined, fully online process. Whether you are an individual founder or representing an overseas company, you can incorporate a private limited company and own up to 100% of it in most sectors. This step-by-step guide explains exactly how foreign nationals register a company in India in 2026.
Can a Foreign National Register a Company in India?
Yes. A foreign national or a foreign company can be a shareholder and a director in an Indian private limited company. The only structural condition is that at least one director must be a resident of India (someone who stayed in India for 182 days or more in the previous financial year). Foreign ownership of up to 100% is permitted under the automatic route in most sectors.
Step-by-Step Registration Process
Step 1: Choose the Business Structure
A private limited company is the most popular choice because it allows 100% FDI, limited liability, and easy fund-raising. Foreign nationals can also consider an LLP, though FDI in LLPs has additional conditions.
Step 2: Obtain Digital Signature Certificates (DSC)
Every proposed director needs a DSC to sign the e-forms. Foreign applicants submit a notarised and apostilled passport and address proof along with a photograph.
Step 3: Reserve the Company Name
Use the SPICe+ Part A facility on the MCA portal to reserve a unique name. Avoid names identical to existing companies or registered trademarks.
Step 4: Prepare Incorporation Documents
Draft the Memorandum of Association (e-MoA) and Articles of Association (e-AoA), and collect director declarations (INC-9, DIR-2). Foreign documents must be notarised and apostilled (or consularised in non-Hague-Convention countries).
Step 5: File SPICe+ Part B
This single integrated form handles DIN allotment, incorporation, PAN, TAN, GST, EPFO, and ESIC. Upload all attachments and pay the prescribed fees and stamp duty.
Step 6: Get the Certificate of Incorporation
On approval, the ROC issues the Certificate of Incorporation with the CIN, PAN, and TAN. Your company is now legally born.
Step 7: Open a Bank Account and Report FDI
Open a current account, remit share capital from abroad through banking channels, and file Form FC-GPR on the FIRMS portal within 30 days of allotment.
Documents Required from Foreign Nationals
- Passport (mandatory identity proof), notarised and apostilled.
- Address proof — bank statement, utility bill, or driving licence (recent), notarised and apostilled.
- Passport-size photograph.
- For a corporate shareholder: certificate of incorporation and board resolution.
See our full document checklist for foreign promoters.
Apostille and Notarisation Explained
Documents executed outside India must be legalised. If the home country is a member of the Hague Apostille Convention, documents are notarised and apostilled. If not, they are notarised and consularised by the Indian embassy. This single requirement causes most of the delay, so start it early.
Timeline and Cost
Once apostilled documents are ready, incorporation typically takes 10 to 20 working days. For details, see our guides on the registration timeline and the cost of company registration.
Frequently Asked Questions
Can a foreigner be the sole owner of an Indian company?
Beneficially, yes — through a wholly owned subsidiary where a nominee holds one share. A private limited company needs at least two shareholders.
Is a visit to India required for registration?
No. The process is online; foreign directors do not need to be physically present in India to incorporate.
Do foreign nationals need a PAN?
Directors need to provide identity documents; PAN/TAN for the company is issued during incorporation. Foreign directors may need an Indian PAN for certain tax purposes.
What is the minimum capital required?
There is no statutory minimum, but choose an amount realistic for your operations.
Start Your India Company the Right Way
S. Choudhary & Co. incorporates companies for foreign founders end-to-end — documentation, filing, banking, and FDI reporting. Explore our business incorporation services or call +91 90248 28295 · sushil@sushilchoudhary.com.
