Yes. Full stop.

I answer this question every week. A foreign individual - or a foreign company - can register a company in India. In most sectors you can own 100% of it. You can do it all without visiting India. One rule you cannot dodge: at least one director must be a resident of India.

Which type of company can a foreigner register in India?

Most foreign founders choose a private limited company. It is a separate legal person in India, it can carry on any lawful business, and it allows 100% foreign ownership in most sectors. A foreign company as shareholder makes it a wholly owned subsidiary - legally still an Indian private limited company.

A limited liability partnership is the other serious option. LLPs can receive up to 100% foreign investment in permitted sectors, and the yearly compliance is lighter. But I will be honest with you: they suit smaller, service-led setups. Planning to raise capital or scale fast? The private limited company is the better vehicle.

Branch offices and liaison offices are something else entirely. A branch office needs RBI approval and can only carry on the parent company's existing line of business. A liaison office cannot do any commercial activity at all - it is a listening post, not a business. Most founders building something real in India choose the private limited company. Our page on company registration in India for foreigners lays out every option side by side.

The automatic route and the approval route

This part confuses founders the most, so here is how I explain it. Think of foreign investment like arriving at an airport. Most sectors are the green channel: you walk through. No questions asked. That is the automatic route - money comes in with no prior approval. A few sectors are the visa counter: you stop, show your papers, an officer decides. That is the approval route - the government says yes before the money flows.

Most sectors are the green channel. A handful need the visa counter. The list changes from time to time - so check your sector's current position before acting.

What are the basic requirements?

The Companies Act keeps the list short. A private limited company needs at least two directors, and one of them must be a resident of India - someone who stayed in India for at least 182 days in the previous calendar year. It needs at least two shareholders - both can be foreign nationals or foreign companies. There is no minimum share capital - you start with whatever your business plan needs.

Founders miss one point again and again. The resident director does not have to own shares. Directorship and ownership are separate jobs. You can hold every share and still satisfy the rule - as long as one director passes the residency test.

What documents will you need?

Each foreign director and shareholder needs three documents: a passport, an overseas address proof, and a recent photograph. Every one gets notarised, then apostilled in your home country - or consularised through the Indian embassy or consulate for non-Hague countries. If the shareholder is a foreign company, add a board resolution authorising the investment and the parent company's certificate of incorporation.

I will be blunt: paperwork is where timelines die. Names must match exactly on every document, address proofs must be recent, and the apostille has to be done properly the first time. Get this stage right and everything after it moves quickly.

How does the registration process work?

Everything runs through the Ministry of Corporate Affairs' online portal - the same track for foreign and Indian promoters:

  • Digital signatures. Each proposed director gets a Class 3 Digital Signature Certificate; foreign directors verify over a video call.
  • Director Identification Numbers. DINs for all proposed directors go in through the SPICe+ form.
  • Name reservation. You propose names; the Registrar approves one that is unique and available.
  • MOA and AOA. Drafted and signed - documents signed abroad are apostilled.
  • Incorporation filing. Everything goes through SPICe+; the Registrar issues the Certificate of Incorporation with PAN and TAN allotted automatically.

After the certificate: open an Indian bank account, remit the share capital from abroad, allot the shares, and collect the Foreign Inward Remittance Certificate (FIRC) from the bank. ComplyKart's guide for foreign founders covers each stage and what you need ready.

What happens after the company is registered?

Incorporation is the starting line, not the finish. The investment is reported on the RBI's FIRMS portal through Form FC-GPR within 30 days of allotment, with an FLA return every year. Then the normal life of an Indian company: annual ROC filings, statutory audit, income tax returns, and GST registration and returns if your turnover or business model calls for it.

None of this is exotic - every Indian company lives this calendar. The only extra layer for a foreign-owned company is the FEMA layer on top, and that is precisely the part worth getting professional help with. I have seen founders try to file the FC-GPR themselves and come to us after the bank's first query.

How long does it take?

Once your documents are ready and correctly apostilled, registration itself typically takes a few weeks. The honest truth: the MCA's processing is almost never the bottleneck. The document stage is. Apostille queues, a name spelt differently on the passport and the bank statement, an expired utility bill - each can add weeks. Prepare the paperwork carefully and the rest moves.

How much does it cost?

There is no single honest price, because the components move. Government fees depend on authorised capital, stamp duty varies by state, plus digital signature and DIN charges. Professional fees vary by provider and by how much post-incorporation work you want handled.

Anyone who quotes a flat number without asking about your structure and capital is guessing. ComplyKart gives you a fixed written quote before any work starts: the full cost of setting up a company in India as a foreigner, upfront, nothing added later.

What to do next

If you are weighing an India entry, the cheapest step is a conversation. Tell us what you want to build and where you are based - we will give you the right structure, the document list, and a realistic timeline. ComplyKart has helped founders from many countries set up in India, fully remote.

Talk to our team - it is free, and you get a fixed written quote before you commit to anything. Call +91 7982659624, write to info@complykart.com, or message us on WhatsApp at https://wa.me/917982659624.