Register Your Company in India — From Anywhere in the World

Yes. NRIs, OCI holders, and foreign nationals can incorporate a Private Limited Company in India under the Companies Act 2013 and FEMA regulations. There is no restriction on foreign ownership in most sectors under the automatic FDI route. You can own 100% of the shares as an NRI or foreign national in eligible sectors without prior RBI/Government approval. The only mandatory requirement is having at least one resident director (Section 149(3)).

There is no minimum paid-up capital requirement for a Private Limited Company in India since the Companies Act 2013 removed the earlier $1,059 requirement. You can technically start with as little as $1. However, from a practical standpoint, the share capital you invest (particularly if remitted from abroad) constitutes the FDI and must be reported to RBI via FC-GPR. Most NRIs invest a nominal amount ($1,059–$10,588) at incorporation and infuse more capital as the business grows.

The typical timeline for NRI company incorporation from abroad is 10–15 working days from the date of complete document submission. This breaks down as: Name reservation (RUN): 2–3 days; DSC procurement (if foreign director): 5–7 days (includes apostille); SPICe+ filing and MCA processing: 3–7 days; PAN/TAN auto-generation: 1–2 days. Delays can occur due to document apostille timelines in your country (e.g., California apostille takes 10–15 days), MCA portal processing backlogs, or document deficiencies. India For NRI provides a realistic project timeline at the outset.

Yes. OCI (Overseas Citizen of India) card holders can incorporate a Private Limited Company, LLP, or OPC in India, subject to the same FDI rules that apply to foreign nationals. For most sectors, OCI holders can invest under the automatic FDI route without prior government approval. OCI holders who are resident in India (182+ days) may be eligible to be the resident director themselves, satisfying Section 149(3) requirements. However, OCI holders cannot invest in certain restricted sectors like agriculture, plantation, and real estate (residential).

No. The entire NRI company incorporation process is 100% online and can be completed without visiting India. Documents are apostilled in your country of residence, DSC is obtained via video verification, MCA forms are filed digitally, and the Certificate of Incorporation is issued electronically. India For NRI has incorporated companies for clients in 95+ countries — none of whom needed to travel to India for the incorporation process.

Yes. NRIs and foreign nationals can own 100% of an Indian Private Limited Company in sectors that permit 100% FDI under the automatic route. These include IT/software, manufacturing, e-commerce (marketplace), construction/real estate development, hotels and tourism, renewable energy, food processing, and many others. Some sectors have caps (e.g., 74% in banking, 49% in multi-brand retail) or require government approval. India For NRI verifies the applicable FDI limit for your specific sector before incorporation.

Section 149(3) of the Companies Act 2013 requires every company incorporated in India to have at least one director who has stayed in India for at least 182 days in the previous calendar year (January 1 to December 31). This is mandatory for all companies including those 100% owned by NRIs or foreign nationals. There are no exceptions. The resident director need not hold any shares in the company — they are present purely to satisfy this statutory requirement and can have zero operational role.

India For NRI's professional resident director service starts at $32 per month. This includes signing MCA filings, board resolutions, DIR-3 KYC filings, and all standard regulatory requirements. The nominee director agreement is notarised and protects both parties. You can terminate the arrangement and replace the nominee with your own director via DIR-12 filing any time with 7 days notice. Many NRIs use the service for 6–18 months until they have an India-based employee or partner to appoint.

DIR-3 KYC is the annual Know Your Customer filing that every director holding a Director Identification Number (DIN) must file with MCA. The deadline is September 30 each year. If you miss this deadline, your DIN is deactivated and you cannot sign any MCA filings (including annual returns, board resolutions, or share transfers) until the DIN is restored by filing DIR-3 KYC with a late fee of $53. India For NRI tracks this deadline for all directors of client companies and files it proactively.

No. A Private Limited Company requires a minimum of 2 directors, and at least one must be a resident in India. A foreign national can be the majority director (e.g., 2 of 3 directors) but at least one director must satisfy the 182-day India residency test. Additionally, for the first six months after a company's incorporation, the residency requirement is assessed from the date of appointment — a director who has stayed in India for 182 days in the current calendar year before the incorporation date also qualifies.

FC-GPR (Foreign Currency — Gross Provisional Return) is the RBI form that every Indian company must file within 30 days of allotting shares to a foreign investor. It is filed through your company's AD (Authorised Dealer) bank. Required documents include: Board Resolution for share allotment, KYC of the foreign investor (apostilled passport, address proof), FIRC (Foreign Inward Remittance Certificate) from the receiving bank, and a valuation certificate from a SEBI-registered Merchant Banker or CA. Penalty for late filing: up to 3× the transaction value. India For NRI has handled 1,000+ RBI/FEMA matters.

The FLA (Foreign Liabilities and Assets) Return is an annual mandatory filing with the Reserve Bank of India required from all Indian companies that have received Foreign Direct Investment (FDI) or made overseas investments. It must be filed on RBI's FLAIR portal by July 15 of each year, reporting outstanding FDI, FPI, ECB, and overseas investment as of March 31. Penalty for non-filing: $106 plus additional penalties. Even if there were no new transactions during the year, the FLA must be filed if there is outstanding foreign investment in the company.

Yes, if you are a US person (citizen, Green Card holder, or US tax resident) and have signatory authority over your Indian company's bank account — and the aggregate balance exceeds $10,000 at any point during the year — you must file FinCEN Form 114 (FBAR) with the US Treasury by April 15 (extendable to October 15). Penalties for willful non-filing can reach the greater of $100,000 or 50% of account balance per violation. Additionally, FATCA (Form 8938) may apply. India For NRI can refer you to a dual-qualified India-US CPA for FBAR and FATCA compliance.

FEMA compounding is the process by which an Indian company (or NRI investor) can regularise a past FEMA violation — such as a late FC-GPR filing, failure to file FLA, or improper remittance — by paying a compounding fee to the RBI. The application is filed with the RBI's Enforcement Directorate/Compounding Authority along with detailed facts, a compounding application, legal submission, and a settlement fee. The fee is calculated based on the nature of the violation and the quantum involved. India For NRI has successfully handled 200+ FEMA compounding matters. Early disclosure through compounding significantly reduces penalties compared to enforcement action.

Yes. A virtual office is legally acceptable as the registered office of an Indian company under Section 12 of the Companies Act 2013, provided the virtual office provider gives a valid rent agreement and No Objection Certificate (NOC) from the property owner. MCA accepts virtual office addresses for incorporation. However, some GST offices in certain states have raised queries on virtual offices for GST registration. India For NRI's virtual office addresses are premium addresses with proper documentation that satisfies both MCA and GST registration requirements.

Yes. You can change the registered office within the same city without MCA approval (just file INC-22). Changing to a different city within the same state requires a board resolution and INC-22 filing. Changing to a different state requires a special resolution, newspaper publications, and ROC approval — which takes 4–6 weeks. All address changes must be registered with GST as well, which may require fresh GST registration in the new state. India For NRI handles registered office changes as part of ongoing compliance services.

An NRI-owned Private Limited Company has several annual compliance obligations: (1) MCA: MGT-7 (Annual Return, within 60 days of AGM), AOC-4 (Financial Statements, within 30 days of AGM), DIR-3 KYC (by Sep 30); (2) Income Tax: ITR-6 (by Oct 31/Nov 30), Advance Tax (4 instalments), TDS returns (quarterly); (3) GST: GSTR-1, GSTR-3B (monthly/quarterly), GSTR-9 annual (by Dec 31); (4) FEMA/RBI: FLA Return (by Jul 15); (5) Audit: Statutory audit mandatory for all Pvt Ltd companies regardless of turnover. India For NRI's annual compliance package covers all of the above at $159/year.

Yes. All Private Limited Companies in India — regardless of turnover, age, or whether foreign-owned — must have their accounts audited annually by a Chartered Accountant registered with ICAI. The audit report (Form ADT-1 for auditor appointment) must be filed with MCA within 15 days of the first board meeting. The audited financial statements are required for AOC-4 filing. There is no exemption from statutory audit for small or dormant companies, though dormant companies have reduced compliance obligations overall.

An NRI-owned Indian company can be wound up via: (1) Voluntary Strike Off under Section 248 (for companies with no business / liabilities) — fastest method, 3–6 months; (2) Members' Voluntary Winding Up (for solvent companies with assets) via NCLT — 6–12 months; (3) Compulsory Winding Up via NCLT (if ordered by court). Before striking off, all pending MCA filings must be completed, bank accounts closed, GST registration surrendered, and FEMA compliance ensured (including repatriation of remaining capital). India For NRI provides end-to-end company closure services for NRIs.