NRI Company Registration in India: A Complete Guide
Non-Resident Indians are among the most active investors and entrepreneurs in the Indian economy. If you are an NRI planning to start or invest in a business back home, NRI company registration in India is straightforward — provided you follow the FEMA rules on investment and repatriation. This complete guide explains the structures available, the process, and the compliance involved.
Can an NRI Register a Company in India?
Yes. An NRI can register and own a company in India, hold shares, and be a director. The most popular vehicle is the private limited company, which allows up to 100% NRI/foreign ownership in most sectors under the automatic route. The only structural condition is that at least one director must be resident in India.
Business Structures for NRIs
- Private Limited Company — best for scalability, funding, and limited liability; 100% NRI ownership allowed in most sectors.
- Limited Liability Partnership (LLP) — suitable for professional services; FDI permitted with conditions.
- Proprietorship/Partnership — allowed on a non-repatriation basis with restrictions.
For a wider view, read how NRIs can start a business in India.
Repatriable vs Non-Repatriable Investment
NRI investment can be on a repatriable basis (funds and profits can be sent back abroad) or a non-repatriable basis (treated almost like resident investment). The choice affects the account used (NRE vs NRO) and the reporting. See our guide to NRI investment under FEMA and NRE vs NRO vs FCNR accounts.
Step-by-Step Registration Process
1. Digital Signature Certificate (DSC)
Each director, including the NRI, obtains a DSC. NRIs submit a notarised/apostilled passport and address proof.
2. Name Reservation
Reserve a unique name via SPICe+ Part A on the MCA portal.
3. SPICe+ Part B Filing
File the integrated incorporation form with e-MoA, e-AoA, and declarations — generating DIN, PAN, TAN, GST, EPFO, and ESIC.
4. Certificate of Incorporation
The ROC issues CIN, PAN, and TAN, typically within 10 to 20 working days.
5. Bank Account and FDI Reporting
Open the company’s current account, remit capital, and file FC-GPR for repatriable investment.
Documents Required from an NRI
- Passport (notarised and apostilled).
- Overseas address proof (notarised and apostilled).
- PAN card (recommended/required for tax).
- Photograph, email, and mobile number.
Taxation and Repatriation
The company is taxed as a domestic company. Dividends to the NRI are taxable and subject to TDS; profits can be repatriated through the appropriate account after taxes. See repatriation of funds by NRIs and NRI tax filing.
Frequently Asked Questions
Can an NRI own 100% of an Indian company?
Yes, in most sectors under the automatic route, with at least one resident director on the board.
Does an NRI need to be in India to register?
No. The process is online; physical presence is not required.
Which account should an NRI use to invest?
An NRE account for repatriable investment or an NRO account for non-repatriable investment.
Is a resident director mandatory?
Yes — at least one director must be resident in India.
Register Your Company as an NRI
S. Choudhary & Co. helps NRIs incorporate, structure investment, and stay FEMA-compliant. Explore our incorporation services and international taxation services, or call +91 90248 28295 · sushil@sushilchoudhary.com.
