India Entry Services

India continues to be one of the most attractive destinations for foreign businesses, with a large domestic market, skilled manpower and a fairly liberal foreign investment regime. At the same time, the first few decisions, such as the form of presence, the route of investment and the capital structure, have a lasting impact on cost, tax and compliance.

At KritCorp, we assist foreign companies, investors and NRIs in planning and completing their entry into India. Our team of Company Secretaries, Chartered Accountants and Advocates handles the corporate law, FEMA, tax and documentation aspects together, so the client deals with one team from the first discussion till the entity is up and running, and thereafter for its regular compliances.

What We Offer

• Advice on the right form of entry
• FDI and FEMA advisory, including approvals and RBI reporting
• Incorporation and statutory registrations
• Resident director and registered office
• Tax and regulatory advisory
• Ongoing compliance support after set up

Choosing the Form of Entry

The structure chosen at the time of entry decides what activities can be carried out in India, how the income will be taxed and what approvals are needed. We study the client’s business model, timelines and funding plans before recommending a structure. The options available are:

• Wholly Owned Subsidiary: a private limited company in India with 100% foreign shareholding. This is the most commonly used route as it gives full operational flexibility and limited liability.
• Joint Venture: an Indian company jointly owned with an Indian or other partner. Useful where local market access or licences matter. We also assist in drafting the shareholders’ agreement.
• LLP: can be considered in sectors where 100% FDI is allowed under the automatic route and there are no FDI-linked performance conditions. Compliance requirements are comparatively lighter.
• Liaison Office: only for representative activities such as market research and promotion. It cannot earn any income in India.
• Branch Office: permitted for specified activities like export-import, professional or consultancy services and research work.
• Project Office: for executing a particular contract in India, and closed once the project is completed.

A broad comparison is given below.

This is only a general comparison. The right structure depends on the sector, the investor’s country and the proposed activity, and we give a specific recommendation in each case.

FDI and FEMA Advisory

All foreign investment in India has to comply with FEMA, the Consolidated FDI Policy and the directions of the Reserve Bank of India. Our work in this area includes:

• checking the sectoral cap and route (automatic or Government approval) for the proposed activity;
• reviewing investments linked to countries sharing a land border with India under Press Note 3 of 2020, as amended in 2026, including the 10% beneficial ownership test, and filing Government approval applications where needed;
• structuring the investment through equity or convertible instruments and ensuring pricing as per valuation norms;
• coordinating with the AD bank for receipt of funds and KYC;
• filing Form FC-GPR on the FIRMS portal within 30 days of allotment, and other forms such as FC-TRS and LLP-I;
• filing the annual FLA return with RBI by 15 July;
• applications for Liaison, Branch and Project Offices in Form FNC through the AD bank, and the Annual Activity Certificate thereafter; and
• advice on downstream investment, ECB and repatriation of profits.

Incorporation and Registrations

Once the structure is finalised, we take care of the complete set up process, including:

• name approval and incorporation with MCA through SPICe+ (or FiLLiP for LLPs);
• drafting of MOA and AOA, or the LLP Agreement;
• DIN and DSC for Indian and foreign directors;
• guidance on notarisation and apostille of documents signed outside India;
• PAN, TAN and GST registration;
• Import Export Code;
• Shops and Establishment registration and Professional Tax;
• EPF and ESI registration once employees are hired; and
• bank account opening, first board meeting and issue of share certificates.

Resident Director and Registered Office

Under the Companies Act, 2013, every company must have at least one director who has stayed in India for 182 days or more during the financial year, and must have a registered office in India. Foreign promoters often do not have anyone in India at the start, and this can hold up the incorporation.

KritCorp provides both these facilities. A qualified professional can act as resident director under a written engagement that clearly sets out the role, responsibilities and indemnity. We also provide the registered office facility, along with the NOC and documents required for incorporation, GST and the bank account.

Notices and letters received at the registered office are scanned and shared with the client promptly. We also act as the local point of contact for banks and authorities, and maintain the statutory registers and minutes in India. When the client is ready to appoint its own director or shift to its own office, we handle the change and the related filings.

Tax and Regulatory Advisory

A foreign owned company in India has to deal with tax issues in both countries. We assist with:

• corporate tax planning and choice of tax regime;
• transfer pricing policy, documentation and Form 3CEB;
• withholding tax on royalty, fees for technical services, interest and dividend, including DTAA benefits and Forms 15CA and 15CB;
• permanent establishment risk for the foreign parent;
• GST on import of services, exports and cross charges; and
• replies to tax notices and assessments.

Compliance After Set Up

After incorporation, we can manage the regular compliances so that the management in India and overseas can focus on the business. This covers annual ROC filings (AOC-4 and MGT-7, or Form 8 and Form 11 for LLPs), the FEMA calendar including FLA and Annual Activity Certificates, coordination of statutory and secretarial audit, income tax, GST and TDS returns, changes in directors, capital or registered office, and drafting or vetting of agreements such as shareholder, inter-company, service, employment and lease agreements. We also assist with restructuring or closure of the Indian entity, if required later.

How We Work

Who We Work With

Our clients for India entry include foreign companies opening their first office or subsidiary in India, overseas groups setting up service or technology centres, NRIs and foreign promoters investing in Indian businesses, Indian companies bringing in a foreign partner, and startups with overseas holding structures.

Why KritCorp

Our team includes Company Secretaries, Chartered Accountants and Advocates, so company law, FEMA, tax and legal documentation are handled together rather than through separate advisors. We explain the options, approvals, timelines and costs at the beginning, so that the client can take an informed decision. Our background in secretarial practice and banking sector compliance means that the entities we set up are well documented and ready for audit, due diligence and future fund raising.