Lawyers in India for Company Formation –
End-to-End Incorporation, FDI Compliance & Indian Subsidiary Setup for Foreign Founders
Setting up a company in India from the US, UK, or any other country needs a single trusted local partner who handles incorporation, FDI compliance, banking, tax registration, and ongoing corporate compliance. If you've been searching for "lawyers in India for company formation", you're in the right place — N D Savla & Associates handles the complete India entry stack for foreign founders, US-listed parents, UK companies, and global multinationals.
Overview
A Quick Note on Terminology — "Lawyer" vs "CA" in India
Founders in the US, UK, Canada, and Australia routinely use the word lawyer for the professional who incorporates a company, drafts the corporate documents, files with the registrar, and handles ongoing compliance. In India, that work is done by Chartered Accountants (CAs) and Company Secretaries (CSs) — the equivalent regulated professionals who are statutorily authorised to incorporate companies, certify filings with the Ministry of Corporate Affairs (MCA), file FDI returns with the RBI, and sign off on tax and audit compliance. Indian advocates handle litigation, contracts, and court matters — not company formation in the operational sense.
If you searched lawyers in India for company formation, you almost certainly need a CA-led firm. N D Savla & Associates is exactly that — a CA practice serving foreign founders and overseas parent companies entering India, with an in-house CS network for all MCA filings.
The Legal Framework
Companies Act, FEMA, RBI & the FDI Policy
Forming a company in India as a foreign founder or overseas parent involves four interlocking regulatory frameworks. Understanding which apply to your structure is the starting point of every engagement — and the reason a local firm is essential rather than optional:
- Companies Act 2013 — incorporation, share capital, directors (DIN), board governance, statutory audit, and ongoing MCA filings (AOC-4, MGT-7)
- Limited Liability Partnership Act 2008 — alternative entity for service businesses with simpler compliance; Form 8 and Form 11 annual filings
- Foreign Exchange Management Act (FEMA) 1999 — governs every inbound and outbound foreign exchange transaction including share allotment to non-residents
- RBI FDI Policy & Master Directions — automatic vs approval route, sector caps, pricing guidelines, and reporting on the FIRMS portal (Form FC-GPR for share allotments)
- Income-tax Act 1961 — corporate tax (currently 22% / 25% for new manufacturing under Section 115BAB), withholding, transfer pricing under Sections 92 to 92F
- GST framework — registration, monthly returns, and annual reconciliation (GSTR-9 / 9C)
- SPICe+ on the MCA portal — integrated form covering incorporation, PAN, TAN, ESIC, EPFO, professional tax, and bank account opening in a single application
Who We Serve
Foreign Founders & Companies Setting Up in India
Our company formation engagements are built around the specific needs of overseas decision-makers who want a compliant, fast, and transparent India entry — without flying in for every signature. We work with:
- US founders incorporating an Indian Pvt Ltd — wholly-owned subsidiary of a Delaware C-Corp, with FEMA / FC-GPR compliance handled end-to-end
- UK companies entering the Indian market — Pvt Ltd subsidiary or Branch Office, with HMRC-side coordination where required
- EU and Singapore-based parents — typically using the automatic-route Pvt Ltd structure for tech, SaaS, and manufacturing operations
- NRIs and Persons of Indian Origin (PIOs) — often using the LLP route or a closely held Pvt Ltd for India-side investments
- Foreign multinationals opening a Liaison Office or Branch Office — RBI-approval-route engagements for representation, market research, or contract execution without full subsidiary formation
- Global SaaS and tech companies hiring in India — Pvt Ltd subsidiary for an Indian engineering or operations team, with payroll, ESOP, and transfer pricing built into the design
- Foreign individual investors — startup founders setting up an Indian operating entity ahead of fundraising, due diligence, or buyer evaluation
For each profile, the right entity choice, FDI route, capitalisation pattern, and ongoing compliance load is different. We start every engagement with an entity-structuring conversation — not a form-filling exercise.
Two Main Entry Routes
Indian Subsidiary vs Branch / Liaison Office
Most foreign founders ultimately choose between two structures: a fully owned Indian Pvt Ltd (the standard "subsidiary"), or a Branch Office / Liaison Office under FEMA. The right answer depends on what the entity will actually do in India — generate revenue, hire staff, sign contracts, or simply represent the parent.
Wholly-Owned Subsidiary (Indian Pvt Ltd)
The default choice for most US, UK, and EU founders. A Private Limited Company under the Companies Act 2013 with the foreign parent holding 100% of equity (where the sector permits 100% FDI under the automatic route — most do). The subsidiary can hire staff, sign customer contracts, raise local funding, hold IP, and pay dividends back to the parent. Standard incorporation timeline is 10–15 working days. Annual compliance includes statutory audit, AOC-4, MGT-7, ICFR, and corporate tax filing — all of which we handle on a single calendar.
Branch Office / Liaison Office / Project Office
The FEMA-approval-route alternative when the foreign parent wants an India footprint without forming a full subsidiary. A Liaison Office (LO) can only do market research and representation — it cannot earn revenue. A Branch Office (BO) can do specified activities including export/import, professional services, and consultancy. A Project Office (PO) is set up for a specific Indian contract. All three require RBI approval (typically 4–8 weeks), AD bank empanelment, and ongoing FEMA reporting. We handle the application, parent-company documentation, and ongoing AAC (Annual Activity Certificate) compliance.
Entity Structures We Set Up
Six Common Entity Choices for Foreign Founders
Beyond the headline "subsidiary vs branch" choice, several entity-type variations come into play depending on shareholder structure, sector, and operating model. The six options below cover the great majority of foreign-founder engagements.
The default operating entity — minimum 2 shareholders, 2 directors (1 Indian-resident), no minimum paid-up capital, full hiring and contracting capacity.
A Pvt Ltd where 100% of equity is held by the foreign parent — automatic-route FDI for most sectors; FC-GPR filing within 30 days of allotment.
Lower compliance burden than Pvt Ltd; simpler annual filings (Form 8, Form 11). FDI permitted under the automatic route in most LLP-eligible sectors.
Single-shareholder Pvt Ltd structure; restricted to Indian residents — useful for NRI founders who plan to relocate or who use a resident nominee structure.
RBI-approval-route presence for foreign companies to undertake specified business activities — exports, imports, professional services, R&D, consultancy.
Non-revenue representation office (LO) or contract-specific office (PO); RBI approval required; ongoing AAC filing through an authorised dealer bank.
Our Methodology
The Five-Stage Company Formation Engagement
Our engagements follow a structured five-stage workflow — designed so foreign founders never need to be physically in India, every signature happens digitally, and every deadline (especially FEMA) is met on time.
Stage 1 — Entity Structuring & Tax Advice
Entity choice (Pvt Ltd / LLP / BO / LO), shareholding pattern, FDI route confirmation, capitalisation plan, dividend / repatriation strategy, transfer pricing readiness for inter-company transactions. Output: a written structure memo signed off by the founder before any filing begins.
Stage 2 — Name Approval, DSC & DIN
Proposed company name reserved through RUN (Reserve Unique Name) on the MCA portal; Digital Signature Certificates (DSC Class 3) issued for all directors including overseas ones; Director Identification Numbers (DIN) allotted via the SPICe+ form. Notarisation and apostille of foreign founder documents handled in parallel.
Stage 3 — SPICe+ Incorporation Filing
The integrated SPICe+ form on MCA covers incorporation, PAN, TAN, EPFO, ESIC, professional tax, and bank account opening in a single submission. Memorandum of Association (MoA), Articles of Association (AoA), and INC-9 declarations filed alongside. Certificate of Incorporation (CoI) with CIN typically issued in 7–12 working days.
Stage 4 — Post-Incorporation: Bank Account, GST & FEMA
Bank account activation, share-capital remittance from the foreign parent, share allotment, and Form FC-GPR filing on the FIRMS portal within 30 days — the FEMA filing most often missed by DIY founders. Plus GST registration, PAN / TAN activation, professional tax registration, and Shops & Establishment licence where applicable.
Stage 5 — Ongoing Annual Compliance
Statutory audit under the Companies Act, tax audit under Section 44AB, ICFR audit where applicable, AOC-4 / MGT-7 ROC filings, corporate tax return, GST returns, TDS filings, and transfer pricing documentation for inter-company transactions with the foreign parent — all on a single integrated calendar.
Frequently Asked Questions
Lawyers in India for Company Formation – FAQs
Setting Up in India? One Trusted Local Firm From Incorporation Through Annual Compliance.
End-to-end company formation, FEMA / FC-GPR filing, tax registration, transfer pricing, and ongoing corporate compliance — for US, UK, and global founders entering India. Talk to our team via call, email, or scheduled video call across IST / EST / GMT.
Ready to incorporate your Indian entity?
Talk to our team about entity structuring, SPICe+ incorporation, FEMA / FC-GPR filing, and integrated annual compliance — built for foreign founders setting up in India.
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