Doing Business in India

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Doing Business in India

A visual, step-by-step roadmap to successfully establish and operate your business in the world's 5th largest economy

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India Business Entry Journey At a Glance

Market Research & Sector Analysis

Understand the Indian market, identify your target audience, and analyze competition before entering.
* Research market size, growth trends, and consumer behavior
* Analyze competition and identify your unique value proposition
* Understand regional differences (language, culture, preferences)
* Assess regulatory environment for your specific industry
* Automatic Route: No prior government approval required
* Government Route: Requires approval through FIFP
* Sector-specific caps on foreign investment percentage
* Compliance with Press Note regulations and FEMA rules

FDI Policy Verification

Check if your sector allows foreign investment and through which route (Automatic or Government).

Business Structure Selection

Choose between Private Limited Company (most common) or LLP based on your needs.
* Private Limited: Higher credibility, preferred for scaling
* LLP: Lower compliance, good for services & smaller operations
* Branch/Liaison Office: For temporary presence
* Wholly Owned Subsidiary: Complete control but higher compliance
* Obtain DSC (Digital Signature Certificate) for all directors
 * Apply for DIN (Director Identification Number)
 * Reserve company name through RUN service
 * Prepare and file incorporation documents (MOA, AOA)
* Receive Certificate of Incorporation with PAN/TAN

Entity Incorporation

Complete the registration process with the Ministry of Corporate Affairs (3-4 weeks).

Post-Incorporation Setup

Set up operational infrastructure to start business activities.
* Open corporate bank account (local and/or foreign currency)
* Register for GST (if applicable)
* Set up accounting & compliance systems
* Establish office space (physical/virtual)
* Register with labor authorities if hiring employees
* Monthly/quarterly tax filings (GST, TDS, advance tax)
* Annual corporate filings with MCA
* Labor law compliance (PF, ESI, gratuity)
* Maintain statutory registers and records
* Annual director KYC and financial statements

Ongoing Compliance

Maintain regular compliance with tax, corporate, and labor laws.
Exit Options (if needed)
Understanding available exit strategies from the Indian market.
* Strike Off: For companies with no liabilities/operations
* Voluntary Liquidation: Formal winding up process
* Sale/Transfer: Selling equity to another entity
* Merger/Amalgamation: Combining with another company
* RBI approval required for repatriation of capital
Interactive Guide

Step-By-Step Business Setup in India

Explore each phase of establishing your business in India with detailed breakdowns and expert insights.

Market Research & Sector Analysis
Understand the Indian market, identify your target audience, and analyze competition before entering.

Market Assessment

  • India's GDP is projected to reach $5 trillion by 2027, making it one of the fastest-growing large economies.
  • 700+ million internet users create massive digital market opportunities across e-commerce, fintech, and services.
  • Regional variations should guide market entry strategy - urban vs. rural, state-specific regulations.

Key Growth Sectors

  • Digital Services & E-commerce Expected to reach $200 billion by 2027
  • Fintech & Financial Services Rapidly growing sector with supportive regulations
  • Renewable Energy Target of 450 GW by 2030
  • Manufacturing Production Linked Incentive (PLI) schemes
Pre-Entry Checklist
Market Research

Identify target audience, size, growth projections

Regulatory Assessment

Industry-specific regulations and licenses

Competitive Analysis

Local and international competitors, market share

Partnership Evaluation

Potential local partners or joint ventures

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FDI Policy Verification
Check if your sector allows foreign investment and through which route (Automatic or Government).

FDI Entry Routes

Government Route

Requires prior government approval through the Foreign Investment Facilitation Portal (FIFP), followed by RBI filing.

Automatic Route

No prior government approval required. Simply notify the Reserve Bank of India (RBI) within 30 days of receiving foreign investment.

Sector-Wise FDI Limits

Sector
FDI Limit

E-commerce (Marketplace)

100% Automatic

Manufacturing

100% Automatic

IT Services

100% Automatic

Telecom Services

100% (49% Automatic)

Banking (Private)

74% (49% Automatic)

Insurance

74% (49% Automatic)

FDI Policy Key Points

  • Sector-specific FDI caps are updated periodically through Press Notes issued by DPIIT
  • Multiple investment structures possible: equity, compulsorily convertible preference shares/debentures

DPIIT FDI Policy Portal

  • 100% FDI generally permitted in manufacturing, but restrictions exist in retail trading
  • Pricing guidelines based on valuation per RBI/FEMA regulations

Updated: April 2025

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Business Structure Selection
Choose between Private Limited Company (most common) or LLP based on your needs.
Recommendation for Foreign Companies
For most foreign companies, a Private Limited Company is the recommended structure due to better credibility, fewer FDI restrictions, and more flexible exit options.

Business Structure Comparison

Private Limited Company

  • Separate legal entity with limited liability for shareholders
  • Minimum 2 directors (1 must be Indian resident) and 2 shareholders
  • Foreign equity participation allowed as per sector-specific FDI caps
  • Better option for businesses planning to scale or raise capital

Limited Liability Partnership

  • Hybrid structure combining benefits of partnership and company
  • Minimum 2 designated partners (1 must be Indian resident)
  • FDI only allowed in sectors with 100% automatic route
  • Ideal for service-oriented businesses with lower compliance needs
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Entity Incorporation
Complete the registration process with the Ministry of Corporate Affairs (3-4 weeks).

Private Limited Company Registration Process

Step 1: Obtain Digital Signature Certificate (DSC)

All directors and authorized signatories must obtain a DSC from authorized certifying agencies in India.
Documents Required:
* Passport copy (for foreign nationals)
* Proof of address in home country
* Photograph

Step 2: Apply for Director Identification Number (DIN)

Each director must have a unique DIN, which can be applied for along with company incorporation using form SPICe+.
Documents Required:
• Passport copy (for foreign nationals)
• Proof of address in home country
• Photograph

Step 3: Reserve Company Name

Apply for name reservation through RUN (Reserve Unique Name) web service on the MCA portal.
Name Selection Rules:
• Must not be identical/similar to existing company names
• Must end with “Private Limited” for a private company

Step 4: File SPICe+ Form

File the SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) form on the MCA portal with all required attachments.
Documents Required:
• Memorandum of Association (MOA)
• Articles of Association (AOA)
• Declaration by directors
• Proof of registered office address

Step 5: Receive Certificate of Incorporation

Upon successful verification, the Registrar of Companies issues a Certificate of Incorporation with a Corporate Identity Number (CIN).
Additional Automatic Registrations:
• Permanent Account Number (PAN)
• Tax Deduction Account Number (TAN) Your company is now legally incorporated in India!

Key Requirements for Foreign Investors

Resident Director
At least one director must be a resident of India (stayed in India for 182+ days in the previous year)
Annual KYC
All directors must file KYC annually using the DIR-3 KYC form
Document Authentication
Foreign documents must be notarized and apostilled or legalized by the Indian Embassy
Company Secretary
Required if paid-up capital exceeds ₹5 crore
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Post-Incorporation Setup
Set up operational infrastructure to start business activities.

Private Limited Company Registration Process

Bank Account Opening

Opening a corporate bank account in India requires in-person verification for foreign directors, though some banks now offer video KYC options.

Documents Required:

  • Certificate of Incorporation
  • MOA and AOA
  • Board resolution for account opening
  • KYC of all directors and signatories
  • PAN card of the company
  • Proof of registered office address

Recommended Banks:

  • HSBC India
  • Standard Chartered Bank
  • Citibank India
  • ICICI Bank
  • HDFC Bank

Mandatory Registrations

GST Registration
Mandatory for businesses with turnover exceeding ₹20 lakhs (₹10 lakhs in special category states).
Shops & Establishment License
Required for commercial premises in most states. Apply with local municipal corporation.
Professional Tax
Required in some states for companies and employees. Rates vary by state.
Import-Export Code (IEC)
Required for businesses engaged in import-export activities.

Accounting & Compliance Setup

Implementing proper accounting systems from day one is essential to comply with Indian accounting standards and tax regulations.

Key Requirements:

  • GST-compliant invoicing system
  • TDS deduction and tracking system
  • Statutory compliances tracking
  • Payroll with PF/ESI calculations

Software Options:

  • Tally ERP (popular local option)
  • QuickBooks Online
  • Zoho Books (GST-compliant)
  • SAP Business One

Office Setup Options

Traditional Office
Leased commercial space with formal rental agreement. Requires security deposit (typically 3-6 months rent).
Co-working Space
Flexible option with lower upfront costs. Popular providers: WeWork, 91Springboard, Awfis.
Virtual Office
Provides registered address and mail handling. Check local regulations.
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Ongoing Compliance
Maintain regular compliance with tax, corporate, and labor laws.

Key Compliance Calendar

PF/ESI Payment
15th of following month
Professional Tax
As per state schedule
Annual Bonus
Within 8 months of year end

Corporate Compliance

Board Meetings
Minimum 4 per year with gap not exceeding 120 days
Annual General Meeting
Once every calendar year (not exceeding 15 months gap)
Statutory Registers
Maintain various registers required under Companies Act
Annual Financial Statements
Prepared as per Indian Accounting Standards

Other Key Compliances

Significant Beneficial Owner
Filing declarations for individuals holding ≥10% beneficial interest
FEMA Compliance
Annual Return on Foreign Liabilities and Assets (FLA)
CSR Obligations
2% of average net profits if applicable (for large companies)
Entity-specific Regulations
Filings with sectoral regulators (RBI, SEBI, etc.)
Pro Tip: Compliance Management
Engaging a qualified company secretary or compliance firm is highly recommended for foreign companies. They can create a compliance calendar, send timely reminders, and help you navigate complex regulatory requirements.
Explore Our Compliance Services
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Exit Options (if needed)
Understanding available exit strategies from the Indian market.

Strike Off

Simplified exit for companies with no liabilities or operations.

Key Requirements:

  • No operations for past 2 years
  • No assets/liabilities on balance sheet
  • Board resolution and NOCs from authorities
  • Timeframe: 6-8 months
  • Cost: ₹50,000 - 1,00,000

Voluntary Liquidation

Formal winding up process for active companies.

Process Overview:

  • Declaration of solvency by directors
  • Appointment of insolvency professional
  • Creditor and shareholder approvals
  • Timeframe: 12-18 months
  • Cost: ₹3,00,000 - 5,00,000

Other Exit Options

Sale/Transfer of Business
Selling equity to another entity through share transfer or business transfer agreement
Merger/Amalgamation Combining with another company through NCLT-approved scheme
Slump Sale
Transferring entire business as a going concern for a lump sum consideration
Dormant Status
Option for temporarily inactive companies with minimal compliance

Important Considerations

Tax Clearance
Obtain tax clearance from Income Tax and GST departments
RBI Approval
Required for repatriation of capital above certain limits
Employee Settlement
Clear all employee dues and obtain no-dues certificates
Legal Formalities
Documentation requirements vary by exit route
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Quick Answers

Frequently Asked Questions

Common questions about establishing and operating a business in India

There is no minimum statutory capital requirement for incorporating a private limited company in India. However, it is generally recommended to start with at least ₹1 lakh (approximately $1,200) for credibility purposes. The actual capital you should invest depends on your business requirements and industry regulations.

Yes, at least one director of your company must be a resident of India, defined as someone who has stayed in India for a minimum of 182 days during the previous financial year. This is a mandatory requirement under the Companies Act, 2013. Foreign companies typically either appoint a trusted local contact or use director services provided by corporate service providers.

The incorporation process typically takes 3-4 weeks from start to finish. This includes obtaining Digital Signature Certificates (DSC), Director Identification Numbers (DIN), name approval, and submission of incorporation documents. The process can be expedited if all documentation is properly prepared in advance.

As of 2025, the corporate income tax rate for domestic companies is 25% (for those with annual turnover up to ₹400 crore) or 30% (for companies with higher turnover). However, there's also an optional concessional tax regime with a 22% base rate. Foreign companies are taxed at 40%. Additional surcharges and cess may apply. India also has a Goods and Services Tax (GST) ranging from 5% to 28% depending on the product or service category.

Yes, foreign companies can establish a Branch Office (BO) in India with approval from the Reserve Bank of India (RBI). Branch offices are suitable for activities like export/import, professional consulting, or research. However, they have limitations on the activities they can undertake compared to a subsidiary. Branch offices cannot engage in manufacturing activities but can represent the parent company, export/import goods, provide professional services, and conduct research for the parent company.

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