India’s economy is booming, rapidly recovering from the pandemic, and offering substantial potential for investors. Although setting up a business and business expansion in India has historically been challenging, the government is implementing significant changes to attract and facilitate business operations.
- Simplification Efforts:
- The Indian government is actively reducing the complexity of starting and running a business.
- This is reflected in India’s improved ranking in the Global Business Complexity Index.
- Key initiatives include streamlining regulations, enhancing transparency, and making it easier to conduct business overall.
- Going Digital:
- India is embracing digitalization to simplify business processes, a shift accelerated by the pandemic.
- The government has implemented digital solutions at local levels, such as the SPICe+ form and MCA 21 Version 3.0 portal, which offer faster, more affordable online company setup and management.
- Virtual board meetings and mandatory electronic securities further demonstrate India’s commitment to digital efficiency.
- Challenges Remain: Despite these improvements, incorporating a business in India still presents certain challenges, such as:
- Minimum of Two Shareholders: Businesses require at least two shareholders.
- Trademark Checks and Sector Restrictions: There are restrictions on foreign investment in certain sectors.
- Registrations and Tax IDs: Obtaining necessary registrations and tax IDs can be complex.
- Quicker Incorporation for Domestic Companies: Domestic companies often face fewer KYC and legal requirements compared to those with foreign involvement.
Key Points to Consider When Incorporating a Business in India:
- Resident Director Needed: Indian law mandates at least one director to be a resident. Foreign businesses must appoint a resident director from the start.
- Registered Business Address: A physical address in India is required from day one for official records and communication. The government allows a temporary address initially, but a permanent address must be confirmed within 30 days of incorporation.
- Commencement of Business Certificate: This certificate is essential and must be obtained within 180 days of incorporation. It verifies that shareholders have paid the agreed capital into the company’s Indian bank account. Without it, you cannot hire employees, trade, or sign contracts, and non-compliance incurs hefty fines.
- KYC Requirements: Mandatory KYC verification prevents financial crimes. The government verifies the identity of directors, shareholders, and the registered office. Foreign directors or owners need to provide additional documents, such as apostilled passports and proof of address, though these requirements are becoming less stringent.
Nueconomy: Your Partner in Business Formation and Support Services
Nueconomy, along with our extensive partner network, provides comprehensive business formation and support services. In addition to assisting with hiring and workplace solutions, we streamline your operations and ensure compliance with local regulations. To learn more about how we can assist you in setting up a company in India, please make an enquiry today.
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