At a glance
- SPICe+ incorporation, FEMA/FDI compliance, and the US tax side in one engagement
- Private limited, LLP, or branch — chosen against both systems, not one
- Founders generally do not need to travel to India
- Call (888) 437-7747 before choosing a structure
A US company or founder incorporating in India is really running two projects at once. The visible one is Indian: name approval and the SPICe+ incorporation filing with the Ministry of Corporate Affairs, digital signature certificates and director identification numbers, PAN and TAN registration, a registered office, and a resident director. The quieter project is American: how the Indian entity sits in the US owner’s tax picture, what intercompany agreements govern money and IP moving between the two, and what reporting obligations attach the moment the entity exists.
The Indian sequence
- Choice of vehicle: private limited company (the default for operating subsidiaries), LLP, or branch/liaison office for narrower footprints
- DSCs and DINs for founders and directors
- Name reservation and the SPICe+ filing, with PAN and TAN issued alongside incorporation
- FDI compliance under FEMA: automatic-route sectors versus approval-route sectors, and post-investment reporting to the RBI (FC-GPR)
- Bank account opening, registered office, and the resident-director requirement
- Ongoing MCA and tax compliance from day one
The US side that follows the entity home
- Form 5471 reporting for controlled foreign corporations, and the GILTI exposure that can come with it
- Transfer pricing for intercompany services, IP licenses, and cost-sharing
- Governing law and dispute-resolution clauses in the intercompany and customer agreements
- Employment and contractor structures for the India team
How Mr. Sris and the firm’s Of Counsel network approach India incorporation for US founders
Structure is decided before any filing: Mr. Sris works through the US consequences of each vehicle — tax reporting, IP ownership, exit flexibility — while India-admitted Of Counsel and the firm’s Indian professional network confirm the MCA and FEMA path for the chosen sector. Then the two tracks run in parallel: apostilled founder documents feed the SPICe+ filing, the FDI reporting is calendared against the remittance, and the intercompany agreements are drafted once, consistent with both systems. The founder signs in the United States; travel to India is rarely necessary.
About Mr. Sris and the Of Counsel network
Atchuthan Sriskandarajah, Esq. — known as Mr. Sris — is the Owner and Founder of Law Offices of SRIS, P.C., a US law firm founded in 1997. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and leads the firm’s international client work from its principal Virginia location, by appointment only.
The firm’s India Practice operates through India-admitted Of Counsel — including Anusuya S, Sowmya R, Hiranmay Kashyap, and Nikhil Kumar Chaturvedi — who handle filings and appearances before Indian courts and authorities (not admitted in any US state bar). Mr. Sris manages the US side of each engagement, so the client keeps one point of contact, in English, on US business hours.
The document set for incorporation
US founders should expect to assemble: passports and address proof for all directors and shareholders (notarized and apostilled), the proposed name and objects of the company, the shareholding pattern and any holding-company documents, a registered-office arrangement in India, and board resolutions from any corporate shareholder. The firm prepares the US-origin pieces to Indian filing standards and sequences the rest — DSCs, DINs, name approval, SPICe+ — so nothing waits on anything avoidable. In parallel, the intercompany agreements and the US tax election analysis are drafted, because the entity’s first invoice should not precede its governing paperwork.
Frequently Asked Questions
How long does incorporation in India take?
With documents in order, the SPICe+ incorporation itself commonly completes in a few weeks. Bank account opening and FDI reporting add time, so a realistic end-to-end schedule is set at the start.
Does an Indian private limited company need an Indian citizen director?
It needs at least one director resident in India — residence, not citizenship, is the test. Proper arrangements for this are part of structuring.
Can a US LLC own an Indian subsidiary?
Yes, subject to the sector’s FDI rules. The more consequential question is usually the US one — how the ownership chain affects tax reporting — which is resolved before incorporation.
What is FC-GPR reporting?
The RBI filing that reports foreign capital received against issued shares. Missing its deadline is one of the most common — and avoidable — early compliance failures.
Should the founders travel to India for incorporation?
Generally no. Notarized and apostilled documents from the US satisfy the filing requirements, and the process runs through counsel in India.
Private limited or LLP — which is better for a US-owned operation?
Private limited is the default for operating subsidiaries and anything that may raise money; LLPs suit lighter service structures but carry FDI conditions. The answer is made against both countries’ rules, not India’s alone.
To discuss a matter described on this page, call (888) 437-7747 or contact the firm through the contact page.
Results may vary. Prior results do not guarantee a similar outcome. ATTORNEY ADVERTISING.
Attorney responsible for this advertising in the State of New Jersey: Atchuthan Sriskandarajah, Esq.
Law Offices of SRIS, P.C. is a US law firm with an international clientele. Mr. Sris is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm collaborates with foreign-jurisdiction-admitted Of Counsel who are not admitted in any US state bar. The firm maintains a principal location in Virginia, by appointment only.
This page provides general information about Law Offices of SRIS, P.C. and is not legal advice; viewing it or contacting the firm does not create an attorney-client relationship. Contact: (888) 437-7747.