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Setting up Business in India
  • Any foreign investors can commence business in India as:

  • 1. **Foreign company

    • Liaison office – To represent parent company in India
    • Branch office – To undertake activities such as export, import of goods, research, consultancy etc.
    • Project office – Activities as per contract to execute project

    (for carrying out export import, research and project execution operations)

  • 2. *Indian Company:
    • Joint Venture or Wholly owned subsidiary – Any investor can enter into a JV or Wholly owned subsidiary as either Private Ltd. or Public Ltd company subject to Companies Act 2013

  • 3. Limited Liability Partnership:

    • LLP (Subject to provisions of LLP Act, 2008)
    • FDI permitted under automatic route in LLPs operating in sectors/ activities where 100% FDI is allowed via automatic route and there no FDI linked performance conditions***

    (for carrying out manufacturing/ services and other related business operations)

  • Types of permitted business establishments in India:
    • One-person company
    • Private Ltd. company
    • Public Ltd. company
    • Sole proprietorship
    • Partnership firm
    • Limited Liability Partnership
    • Foreign company
  • Note:

    *Incorporate company in India s.t. sectoral caps and requisite approvals

    **RBI guidelines regarding establishment of LO/BO/PO: https://rbi.org.in/Scripts/NotificationUser.aspx?Id=10398&Mode=0. As per company law, a resident having PAN to be appointed for receiving notices in India for foreign company

    ***For detailed definitions, clarifications/ exceptions, please refer to Consolidated FDI Policy document
  • Availability of Land:
    • Acquisition of land - Application to respective State DI/ State Industrial Development Corporation (SIDC)/ Infrastructure Corporation/ Small Scale Industrial Development Corporation (SSIDC)
    • Permission for land use - Applicable in case industry located outside an industrial area Concerned departments:
      • State Directorate of Industries (DI)
      • Department of Town and Country Planning
      • Local authority/ District Collector
  • Types of Land Allocation:
    • Special Economic Zones, Software Technology Parks, Sector-specific Clusters, Export Oriented Unit
    • National Investment and Manufacturing Zones (NIMZs)
    • Private Land - as per FDI policy and State-specific regulations/Conversion from agricultural to non-agricultural land
    • Industrial Parks/ Zones/ Areas – Country/Industry-specific or Multi-product.
  • The Government has integrated Industrial Information System (IIS) portal as part of the Digital India initiative to provide updates on land availability and plot-level information on a real-time basis and help investors make informed decisions. Investors can go to https://iis.ncog.gov.in/parks and simply register on the portal.

For further queries, Connect with Invest India:http://www.investindia.gov.in/contact-us

Investing in India

  • Check availability of name / registered trademark for incorporation of the company
  • Reserve the name of the proposed company through online service RUN on the MCA website. Name can also be applied through SPICe+
  • Obtain Digital Signature Certificate (DSC) for at least one proposed Directors of the Company. DIN for proposed Directors can only be applied for through form SPICe+
  • Form INC 32 (SPICe+) to be duly filled and submitted to RoC for incorporation of the company. PAN and TAN are shall be auto-generated based on details filed in the SPICe+ form
  • Filing of electronic Memorandum of Association (eMoA - INC 33) & Articles of Association (eAoA- INC 34) in SPICe+ . For foreign subscribers physical MoA and AoA to be executed and attached
  • SPICe+ & AGILE upload and fee payment are confirmed by MCA. The application (SPICe+) for incorporation of a company shall be accompanied by a linked e-form INC-35 (AGILE) with effect from 31st March 2019, as notified vide the Companies (Incorporation) Third Amendment Rules, 2019 dated 29th March 2019*
  • Central Registration Centre (CRC) verifies/scrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself. One needs to make necessary changes accordingly
  • Obtain certificate of incorporation (CoI). CIN, PAN & TAN numbers are allotted at the time of registration
  • A company having share capital is required to file a declaration of receipt of subscription amount and verification of registered office within 180 days of incorporation and prior to commencement of business.
  • Note:
    • Notarization & Apostilling/legalization of documents mandatory in case of foreign subscribers / Directors
    • Some registrations would be applicable based on the state in which the company is incorporating and the nature of the business activity
    • *GSTIN, ESIC registration and EPFO registration may be obtained at the time of incorporation by filing an AGILE form
  • Processes/ Compliances
    • Obtain Director Identification Number (DIN)
    • Digital Signature Certificate (DSC) for proposed Directors
    • Approval for proposed Company/ LLP Name
    • Finalization of supporting documents
    • Filing of e-forms with CRC
    • Verification of documents
    • Consent to establish & operate
    • Obtain Permanent Account Number (PAN)
    • Registration for Tax Account Number (TAN)
    • Registration of GST
    • Registering / categorization of unit in State
    • Approval for State Incentives (Optional)
    • IEM/ EM Registration
    • MSME Registration
    • Acquisition of Land
    • Environment, Forest and Wildlife Clearance
    • Permission for Land Use
    • Pollution Board
    • Industrial License
    • Consent to Establish
    • Factory Layout Plan Approval
    • Registration of Boilers
    • Building Plan Approval
    • Registration under Contract Labour Act 1970
    • Registration under BOCW Act
    • Power for construction
    • Provisional Fire Approval
    • Approval for lifts & Escalator
    • Consent to operate
    • Building Completion certificate
    • Final Fire Approval
    • Water Connection
    • Power
    • Authorization for hazardous waste
    • Professional Tax Registration
    • Central Excise Registration
    • Shops & Establishment Act
    • Employee Registration with ESIC
    • Employer Registration with EPFO
    • Trademark/ Brand Registration
    • Importer Exporter Code (IEC)
    • Customs- Special Valuation Branch
    • Grant for Bureau of Indian Standards (BIS) License
    • Quality Marking Certificate
  • Overview
    • Over the last few years, the government of India (GoI) and various State (provincial) Governments have undertaken various policy reforms and process simplification towards great predictability, fairness & automation. This has consequently, lead to India’s consistent rise in the World Bank’s Ease of Doing Business (EoDB) rankings over the past few years. India stands in the 63rd position out of 190 countries as per the latest EoDB rankings (2020).
  • Key Features of India’s taxation system:
    • Taxes in India are levied by the Central Government and the State Governments. Some minor taxes are also levied by the local authorities such as the Municipality and Local Government.
    • A resident company is taxed on its worldwide income. A non-resident company is taxed only on income that is received in India, or that accrues or arises, or is deemed to accrue or arise, in India. Company whether Indian or foreign is liable to taxation, under the Income Tax Act,1961.
    • Corporation tax is a tax that is levied on the incomes of registered companies and corporations. Taxes in India are primarily into 2 categories - Direct and Indirect Tax.

Goods & Services Tax (GST)

  • Goods and Services Tax (GST) is a unified indirect tax across the country on products and services. It is a comprehensive levy on manufacture, sale and consumption. It is a destination-based consumption tax.
  • The GST, dual in nature is levied by both the Centre and State. The Central GST (CGST) is levied on the intrastate supply of goods and/or service by Central Government and State GST (SGST) is levied by the States.
  • Integrated GST (IGST) is levied and administered by the Centre on every inter-state supply of goods and services.
  • Import of goods or services is treated as inter-state supplies and is subject to IGST in addition to Basic Custom duty.
  • CGST, SGST and IGST are levied at uniform rates, mutually agreed upon by the Centre and the States under the aegis of the GST Council (GSTC).
  • All goods and services are covered under GST except alcohol for human consumption and specified petroleum products.
  • For further details please visit the Taxation overview page over the Invest India website https://www.investindia.gov.in/taxation
  • Directorate General of Foreign Trade (DGFT), under the Ministry of Commerce and Industry (MoCI) facilitates and promotes foreign trade in India. The DGFT also implements the Foreign Trade Policy of India (FTP).
  • FTP is the prime policy that lays down simple and transparent procedures which are easy to comply with and administer for efficient management of foreign trade in India.
  • There are 3 major networks for EXIM- the Port, Road and Rail network. About 95% of India’s merchandise trade (by volume) is handled by Port Network.
  • India’s overall exports in July 2023 stands at $ 59.43 Bn.*
  • India's merchandise exports in July 2023 were USD 32.25 Bn.*
  • India's estimated value of services export for July 2023 is USD 27.17 Bn.*
  • India’s overall exports (Merchandise and Services combined) in FY 2022-23 exhibited a positive growth of 13.84% over FY 2021-22 to achieve $770.18 bn worth of exports.*
  • Merchandise exports for FY 2022-23 were USD 447.46 Bn as against USD 422 Bn in the previous year.*
  • India's international merchandise exports will grow at 3.1% per annum till 2030 to reach USD 26 tn.
Why Invest in India
  • One of the fastest-growing economies in the world, India has sustained a recent global downturn and also emerged as one of the leading nations in terms of GDP growth rate and FDI inflows.
  • Total FDI inflows in the country in the FY 22-23 is $70.97 Bn and total FDI equity inflows stands at $46.03 Bn. Source: Department of Promotion of Industry and Internal Trade, Govt. of India
  • India to Witness GDP Growth of 6% To 6.8% In 2023-24. Source: Ministry of Finance
  • Hon'ble PM Shri Narendra Modi announced a special economic and comprehensive package of more than USD 270 Bn - equivalent to 10% of India’s GDP, under the Aatmanirbhar Bharat Abhiyan (Self-reliant India). Source: Prime Minister's Office, Ministry of Finance.
  • In 2022, India continued its dominance in world trade, being the 7th largest services exporter in the world and registering a growth of growth 32.7% in April-September 2022 over the same period of previous year. *
  • India poised to achieve Services Export target of USD 1 tn by 2030. *
  • The population of India is expected to rise from 121.1 cr to 152.2 cr during 2011-36 an increase of 25.7% in twenty-five years. Source: National Commission on Population, Ministry of Health & Family Welfare
  • India has its largest ever adolescent and youth population. It will continue to have one of the youngest populations in the world till 2030. Source: United Nations Population Fund
  • If India continues its recent growth trend, average household incomes will triple over the next two decades and it will become the world's fifth-largest consumer economy by the year 2025 (Source: The Bird of Gold, McKinsey Report)
  • India has the third-largest group of scientists and technicians in the world. Source: All India Management Association, The Boston Consulting Group
  • By 2030, the urban population in India will almost double to 630 mn.
  • Major FDI policy reforms have been made in a number of sectors, such as defence, construction development, pensions, broadcasting, pharmaceutical and civil aviation
  • Foreign investors can invest in India either on their own or as a joint venture, as may be required in a few sectors
  • Barring a few reserved sectors, 100% FDI is allowed through the automatic route in several sectors, without the need of government approval, namely Automobile, Food Processing, Construction etc.
  • The Central and State governments have sector-specific policies, incentives and subsidies to promote manufacturing
  • India's national accreditation system, Quality Council of India ranks 5th in the Global Quality Infrastructure Index. *
  • Hon'ble Finance Minister Smt Nirmala Sitharaman announced the National Infrastructure Pipeline to provide world-class infrastructure in the country.
  • The NIP will facilitate investments in the infrastructure sector and will be crucial for attaining the target of USD 5 tn economy by FY 2025.
  • Around 7,000 projects were running across different sectors with a cost of INR 100 cr per project.
  • Sectors such as Energy (24%), Roads (18%), Urban (17%) and Railways (12%) amount to around 71% of the projected infrastructure investments in India. Source: Department of Economic Affairs, Ministry of Finance and India Investment Grid
  • Initially, in 2011, only 31% of the total population was urbanized as compared to the estimate of 39.16% by 2036. Source: World Bank.
  • Total number of Registered Geographical Indications (GI) rise to 432.*
  • World’s largest democracy - India is a Sovereign Socialist Secular Democratic Republic with a Parliamentary form of government, which is federal in structure with unitary features
  • India’s robust legal and political systems ensure long-term political stability
  • The Indian political system is supported by Executive, Legislative and Judicial branches. Every major branch is independent of one another
  • Independent financial institutions for business:
    1. The Reserve Bank of India (RBI) has played a critical role in maintaining the economic stability in India despite the global economic scenario. The focus on containing inflation and ensuring that interest rate cuts are passed on by banks, is a revolutionary step and structural reform in itself. RBI has been increasing access to foreign exchange reserves, and moderating periods of extreme volatility in the currency through exchange intervention.
    2. Securities Exchange Board of India (SEBI) has been the regulator of Indian markets since it was granted legal status in 1992. Among other functions, one of SEBI’s prime objectives is ensuring the rights and safety of investors. India achieved a rank of 8 in World Bank’s Ease of Doing Business Ranking – protecting minority investors, highlighting the efficiency of the organization.
    3. The Competition Commission of India (CCI) is responsible for enforcing The Competition Act across India. Their objective is to play an overarching role as a market regulator across all sectors with focus on anti-competitive behaviour of enterprises that may distort competition.
  • India ranks 40th on the Global Competitiveness Index 2023. Source: International Institute for Management Development
  • India jumps 6 places to Rank 38 in World Bank’s Logistics Performance Index 2023. Source: World Bank
  • India ranks 1st amongst the Lower Middle-Income Economy Group Source: World Intellectual Property Organization.
  • 95% of 1.2 billion Indians are covered under Aadhar Scheme, one of the world’s largest social security program. Source: Press Information Bureau, Government of India
Investing in India: Who Can Help

Invest India is the first port of call for potential investors. It is the official investment promotion and facilitation agency of the Government of India, mandated to facilitate investments into India.

Experts provide sector- and state-specific inputs, and handholding support to investors through the entire investment cycle, from pre-investment decision-making to aftercare.

The team assists with:

  • Market strategy
  • Business plan advisory
  • Location identification
  • Expediting regulatory approvals
  • Facilitating meetings with relevant government and corporate officials
  • Initiating remedial action on problems faced by investors
WHO ARE THE STAKEHOLDERS OF INVEST INDIA?

Invest India is promoted by the Department for promotion of industry and internal trade (DPIIT), Ministry of Commerce and Industry (Government of India), the State Governments of India and the Federation of Indian Chambers of Commerce & Industry (FICCI).

DOES INVEST INDIA HAVE ANY FOREIGN ASSOCIATIONS?

Invest India has signed Memoranda of Understanding/Framework for Investment Cooperation with select Investment Promotion Agencies in select countries. These are:

  • JETRO (Japan),
  • Invest in America (USA),
  • UK Trade & Invest and UK India Business Council (UK),
  • Invitalia (Italy),
  • UBIFrance & Invest in France (France),
  • KOTRA (South Korea),
  • BOI Mauritius (Mauritius),
  • Czech Invest (Czech Republic),
  • Kaznex Invest (Republic of Kazakhstan),
  • Saudi Arabian General Investment Authority (Saudi Arabia).

Invest India is also working closely with Indian missions abroad, foreign missions in India and bilateral/ multilateral agencies.

DOES INVEST INDIA HAVE ANY INTERNATIONAL OFFICES OR REPRESENTATIVES?

Invest India functions out of its Headquarters in New Delhi, India. However, for any investment related queries you may get in touch with the commercial representatives of the Indian Embassies/Consulates in your country

DOES INVEST INDIA CHARGE FOR THE SERVICES?

No. Invest India is a Section 8, Not-For-Profit organisation. The services provided are completely free of charge. For more specific information, do fill out our investor query form.

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