Subsidiary Company Registration in India: A Comprehensive Guide
A Subsidiary Company is a commercial entity in which the parent firm has control over it, usually owning more than half of the shares.
While the parent firm has the right to make crucial decisions, the subsidiary is an independent legal entity with its own management
structure. For incorporation of subsidiary companies contact the registration guru for online or offline company registration process.
Why Set Up a Subsidiary in India?
There are many strong reasons for corporations to create a subsidiary in India:
Market Access: A subsidiary helps foreign businesses to enter the Indian market while following local laws and regulations.
Limited Liability: Subsidiaries are separate legal organizations, so the parent company’s liability is limited.
Tax Benefits: India provides a variety of tax breaks, exceptions, and subsidies for firms in specialized industries.
Brand Recognition: Working as a subsidiary can improve the parent company credibility and reputation in the Indian market.
Key Requirements for Subsidiary Company Registration in India
Register a Subsidiary company in India, some requirements need to be fulfilled:
Parent Company Ownership: The parent business must hold at least 51% of the subsidiary stock.
Directors: A minimum of 2 directors necessary with at least one of being a resident of India.
Shareholders: Subsidiary must have at least 2 investors each of them will act as a Directors.s
Registered Office: A physical registered office in India must be established.
Unique Company Name: Subsidiary names must be different and follow the rules outlined in the Companies Act, 2013.
Types of Subsidiary Companies:
Subsidiary can take various forms depending on their financial organization and legal duties:
- Private Limited Subsidiary: The most regular form with investors liability limited to the total value of their shares. This requires at least two directors and investors.
- Public Limited Subsidiary: Public Limited Company allows the subsidiary to raise funds through the public by issuing shares.The company needs at least seven Shareholders.
- Wholly Owned Subsidiary: Subsidiary that is wholly owned(100% stake) by the parent corporation.
- Joint Venture Subsidiary: A subsidiary created by two or more parent corporations with joint venture.
Document Required for Subsidiary Company Registration:
For Director/Shareholder
- PAN Card
- Passport/Voter ID/ Driving license
- Address Proof
- Recent Passport sized Photograph
- Digital Signature Certificate for all directors
For Registered Office Address
- Proof of Address
- Lease/Rent Agreement
- No Objection Certificate from the property owner
For Parent Company
- Certificate of Incorporation
- Board Resolution
- Financial Statements
- Ownership Structure
Subsidiary Company Registration Process in India
- Name Reservation
- Obtain Digital Signature Certificate
- Obtain Director Identification Number
- Draft MOA/AOA
- File Incorporation Documents with MCA
- Certification Of Incorporation
- Apply for PAN/TAN
- Open a bank company account
- Filling of Commencement of Business
Post Registration Compliance
1. Board Meeting
2. Annual Filing
3. Appointment of Statutory Auditor
4. Tax Compliance
5. Maintain Statutory Registers
Checklist for Subsidiary Company Registration
1. At least 2 director,one of whom must be a resident of India.
2. At least 2 shareholder.
3. Digital Signature Certificate will be issued to all directors.
4. Director Identification Number for directors
5. A Unique Company Name
6. Registered Office Address in India
7. MOA/AOA
8. The property owner provides No Objection Certificate for the registered office