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Understanding Subsidiary Companies in India

A subsidiary company is a corporation or business entity that is partially or fully owned by another company, known as the parent company. The parent company may have control over the subsidiary company from 51 to 99 percent. If any parent company has 100% shares of a subsidiary company, it is called a wholly owned subsidiary. If any company has more than one subsidiary company, each of them is called a sister company.
Incorporate a Subsidiary from Online Legal India
Parting a company or creating a new subsidiary under the brand to achieve operational support and focus on the business, a company can build subsidiary. If you have a parent company and want to create a different entity as a subsidiary company, contact Online Legal India. We have highly experienced CA/CS to assist in all formalities to meet your requirements. What are you waiting for? Contact us now.
Advantages of Indian Subsidiary Company:
There are several compelling advantages associated with registering a subsidiary company in India:
1

Brand Recognition

The subsidiary companies can grow in size. Hence, under the umbrella of a Parent Company, they can establish brand recognition, and increase the value of shares in the market.

2

Reduction of Risk

The parent and subsidiary companies are legally separated entities. So, the process mitigates the risk of loss in subsidiaries. When a subsidiary faces any loss, they do not directly transfer back to the parent company. In the case of bankruptcy, the parent company may be liable if there is any proof that the subsidiary and the parent company are legally the same.

3

Tax Benefits

Subsidiaries can receive tax advantages, especially if a subsidiary originated in a different state or country.

4

Easy Merging and Acquisitions

Company merging and acquisitions are easy with subsidiaries. Through merger and acquisition facilities, the company can save taxes because the profit of the subsidiary gets divided from the parent company.

5

Separate Legal Identity

According to the Companies Act 2013, a company can get a separate and distinct legal entity. Hence, it can stay separated from its shareholders with a separate legal identity. It also empowers a subsidiary to initiate legal actions in response to any allegations before the judicial system by its name without the direct involvement of its directors or members.

6

Foreign Entry to the Indian Market

Foreign companies can establish wholly owned subsidiaries by Foreign Direct Investment (FDI) in India, through the provisions of RBI (2020), and Foreign Exchange Management Act 1999.

7

Perpetual Succession

The company’s existence remains intact, regardless of management changes, membership transfers, or insolvency. The company continues to operate seamlessly, with complete stability and spontaneous persistence.

8

Limited Liability

Subsidiaries form with a limited liability. This principle protects the personal assets of the directors and shareholders of the company. If the company faces severe losses, it does not affect the personal property of shareholders and directors.

Requirements for Establishing an Indian Subsidiary Company
Shareholders:

At least 2 shareholders are essential to building an Indian subsidiary. They can be individuals or foreign entities.

Directors:

At least 2 directors are mandatory; one must be an Indian resident residing permanently in India.

Capital:
For establishing a subsidiary, there are no minimum capital threshold.

Time required for registration: The registration process for a subsidiary company in India takes from 12 to 15 days from the date of document submission.

Documents Required:
Various kinds of documents are required for setting up an Indian subsidiary company. The following are the mandatory documents:
Documents from the parent company:
  • Certificate of incorporation
  • Registered Name and address of the company
  • Board Resolution
Documents from the proposed directors (Foreign)
  • Passport copy
  • Address proof
  • A scanned copy of a photograph or digital photocopy
  • Mobile Number
  • Email ID of each of them
Documents needed from Indian directors and shareholders:
  • Pan and Aadhar
  • Mobile Bill, Credit Card Bill, or Bank Statement
  • Digital Photocopy
  • Mobile Number
  • Email ID
The documents you will obtain after the Indian subsidiary registration
  • Certificate of Incorporation
  • MOA and AOA
  • Digital Signature
  • Fees paid Challans
If you want to open a bank account for the subsidiary company, a draft of the first board resolution is required.
How We Work?
  1. Fill the Form & Make the Payment
  2. Expert Will Call You & Receive All the Necessary Documents.
  3. Obtain DIN and DSC
  4. Filing MoA and AoA on the MCA portal
  5. Your Documents will be Filed & Submitted to the ROC
  6. Congratulations! You’ve registered your company. Certificates Will Be Provided
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Frequently Asked Questions (FAQs)
Do I need to be present during the registration process?
Indian Subsidiary Company Registration is a 100% online procedure. No one is required to be present at our office for subsidiary incorporation. If we want your signature, we will meet you.
What are the minimum requirements for Indian Subsidiary Company Registration?
A minimum of two investors and two directors is essential for Indian Subsidiary Company Registration. DIN is required for all directors. The Parent Company should hold more than 50% value share of the Subsidiary Company during the incorporation.
Is it mandatory to appoint a foreign director for a subsidiary company?
No, it is mandatory to appoint a foreign director for a subsidiary company. According to the provisions of the Companies Act, 2013, in the section of Appointment and Qualification of Directors, Rules 2014; and Foreign Exchange Management Act, 1999, foreign director appointment is not necessary for creating a subsidiary company.
Which entity can form a subsidiary?
Except for OPC (One Person Company), Indian companies can build subsidiaries.
Does a subsidiary have a board of directors?
Yes, subsidiaries have a separate board of directors.
What is the percentage of control over a subsidiary entity?
Under the Companies Act of 2013, the percentage of parent company control over a subsidiary is 50% or more.