Foreign Companies and Indian Subsidiaries of Foreign Companies

Key Takeaways Before Registration

1. Establish and document the date on which the Indian place of business was established, as this determines the 30-day FC-1 filing timeline.
2. Confirm that the proposed activities fall within the permitted scope of the selected office structure before seeking regulatory approval.
3. Determine the authentication requirements for each foreign document based on its execution jurisdiction and initiate the process sufficiently in advance, particularly where consularisation is required.
4. Obtain and attach the applicable sectoral or regulatory approval; MCA registration should not be treated as evidence that the underlying approval requirement has been satisfied.
5. Assess the applicable FEMA, MHA/e-Sahaj and immovable-property restrictions separately where a restricted-country connection arises through shareholding, beneficial ownership or board composition.
6. Plan the ongoing compliance calendar from the first year of registration, including FC-3, FC-4 and, where applicable, CSR-2.