This could be your factory in India

Guide to EU & US Companies to Open an Office in India (Smoothly & Legally)

Foreign companies often worry about bureaucracy, but India’s regulatory framework is now largely digital and predictable. Your role is to help them choose the right structure, follow the correct compliance path, and avoid activities that require special approvals.

Below is a complete, practical roadmap.

1. 🎯 Start With the Right Business Structure

Foreign companies can enter India through several legal structures. Each has different compliance requirements and levels of operational freedom.

A. Wholly Owned Subsidiary (WOS) / Joint Venture (JV)

• Most flexible and preferred for long‑term operations.

• Registered as a Private Limited Company.

• 100% FDI allowed in most sectors under the automatic route (no government approval needed).

B. Liaison Office (LO)

• Only for communication, market research, and representation.

• Cannot conduct commercial activities.

• Requires RBI approval.

C. Branch Office (BO)

• Can conduct limited commercial activities (consulting, import/export, IT services).

• Cannot manufacture or retail.

• Requires RBI approval.

D. Project Office (PO)

• For executing a specific project in India.

• Temporary structure.

Our guidance: If they want full operations, hiring, revenue generation, and long‑term presence → Recommend a Private Limited Subsidiary. If they want a light presence → LO or BO.

2. 🧾 Step-by-Step Process to Open an Office in India

Contact us for details

Step 1: Choose the Legal Structure

Contact us to discuss the pros/cons and help you select WOS, JV, LO, BO, or PO.

Step 2: Prepare Key Documents

Let us guide you regards preparation of Key Documents for directors/authorized signatories:

• Passport

• Address proof

• Board resolution

• Apostilled/notarized documents (mandatory for foreign nationals)

Step 3: Obtain Digital Signature Certificate (DSC)

Required for signing all MCA (Ministry of Corporate Affairs) filings.

Step 4: Obtain Director Identification Number (DIN)

Mandatory for anyone who will be a director in the Indian entity.

Step 5: Reserve Company Name (For Subsidiary/JV)

Done through the SPICe+ form on the MCA portal.

Step 6: File SPICe+ for Incorporation

This single integrated form includes:

• Company registration

• PAN & TAN

• GST (optional)

• EPFO/ESIC

• Bank account opening support

Step 7: RBI Approval (Only for LO/BO/PO)

For Branch Office:

• Submit Form FNC via an Authorized Dealer Bank

• Provide audited financials, net worth certificate, incorporation documents

• Timeline: 4–6 weeks

Step 8: Register with MCA (For LO/BO/PO)

File Form FC‑1 after RBI approval.

Step 9: Open a Bank Account

Must be opened with the same Authorized Dealer Bank for LO/BO/PO.

Step 10: Post‑Incorporation Compliance

• GST registration (if applicable)

• Shops & Establishment registration

• Professional tax (state‑specific)

• Employment contracts compliant with Indian labour laws

• Annual filings with MCA

• FEMA compliance for foreign shareholding

3. 🛡️ How to Ensure “No Hassles” and Zero Government Complications

Let us guide you strategically:

✔ Choose sectors with 100% FDI under automatic route

Avoid sectors requiring prior government approval.

✔ Ensure all foreign documents are apostilled/notarized

This is the #1 reason for delays.

✔ Use a resident Indian director

Mandatory for Private Limited Companies.

✔ Maintain FEMA compliance

Especially for share capital inflow and reporting.

✔ Use professional service providers

Company secretaries, chartered accountants, and legal advisors streamline filings.

✔ Keep all filings digital

India’s MCA system is fully online.

4. 🧭 What You Should know

India allows 100% foreign ownership in most sectors without government approval. The process is digital, predictable, and fast if documentation is correct. The key is choosing the right structure, ensuring FEMA compliance, and following MCA procedures. With proper planning, you can establish an Indian office in 2–6 weeks depending on the structure.”

Learn more about ONI ENTERPRISES and how we may be your ideal guide in regards your plan to invest in India.

Imagine your office in India , while your family discovers the old temples, scenic beauty and ancient mysteries of India. Contact us today to make it happen.