India · Smart Global Capital

Company formation: India

A company should be built around its activity, tax and banking route. An operating project normally compares a private limited company and an LLP, while a foreign company may consider a branch, liaison or project office; availability depends on the FDI policy, sectoral cap, automatic or government route and FEMA rules.

01Form and capital
02Formation process
03Management and substance
04Banking launch

01

Form and capital

An operating project normally compares a private limited company and an LLP, while a foreign company may consider a branch, liaison or project office; availability depends on the FDI policy, sectoral cap, automatic or government route and FEMA rules

02

Formation process

Company formation runs through MCA and the integrated SPICe+ form for name reservation, incorporation, DIN, PAN/TAN and linked registrations; foreign shareholder documents require the applicable notarisation, apostille or consular authentication

Company formation

A company should be built around its activity, tax and banking route. An operating project normally compares a private limited company and an LLP, while a foreign company may consider a branch, liaison or project office; availability depends on the FDI policy, sectoral cap, automatic or government route and FEMA rules.

03

Management and substance

Registered-office, resident-director, accounting, audit, beneficial-ownership and annual-filing duties continue after formation; board process, people, contracts, GST, payroll and licences should reflect the actual business

04

Banking launch

A corporate account and cross-border operations are structured through an RBI-regulated bank, with foreign exchange handled through an authorised dealer; GIFT IFSC and payment services have separate regulatory regimes and authorised-institution lists. The bank reviews the company, PAN and applicable registrations, UBOs, directors, FDI and FEMA records, source of funds, contracts, address, business purpose, countries, projected payments and consistency with the declared profile.

05

Working checklist

The corporate burden depends on status and elections: a domestic company compares the ordinary regime with sections 115BAA and 115BAB, as well as surcharge, cess, MAT, incentives, withholding, transfer pricing and treaty eligibility. GST is a multi-rate CGST, SGST/UTGST and IGST system; registration, place of supply, input credit, invoicing, reverse charge, e-way bills, import GST, customs and stamp duty need a product- and state-specific map.

FAQ

FAQ

Where should a company formation project in India start?

An operating project normally compares a private limited company and an LLP, while a foreign company may consider a branch, liaison or project office; availability depends on the FDI policy, sectoral cap, automatic or government route and FEMA rules

Can formation or account opening be guaranteed?

This material is general information. Formation, licensing, tax outcomes and account opening depend on the facts and the decision of the competent authority or financial institution.

Why are tax and banking reviewed together?

The corporate burden depends on status and elections: a domestic company compares the ordinary regime with sections 115BAA and 115BAB, as well as surcharge, cess, MAT, incentives, withholding, transfer pricing and treaty eligibility. The bank reviews the company, PAN and applicable registrations, UBOs, directors, FDI and FEMA records, source of funds, contracts, address, business purpose, countries, projected payments and consistency with the declared profile.

Related routes

Bank accounts and private banking
Open primary source
Private wealth: foundations and trusts
Open primary source
GIFT City IFSC funds and licensing
Open primary source
FEMA and cross-border payments
Open primary source

Official sources

Legal review

This material is general information. Formation, licensing, tax outcomes and account opening depend on the facts and the decision of the competent authority or financial institution.

Smart Global Capital

Company formation: India

A company should be built around its activity, tax and banking route. An operating project normally compares a private limited company and an LLP, while a foreign company may consider a branch, liaison or project office; availability depends on the FDI policy, sectoral cap, automatic or government route and FEMA rules.

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