Indian Subsidiary in Salem
Setting up an Indian Subsidiary is one of the most effective ways for foreign businesses to establish a legal presence in India. It operates as a separate legal entity under the Companies Act, 2013, offering limited liability, tax advantages, and access to one of the world's fastest-growing markets. At IndiaFilings, we provide end-to-end assistance for subsidiary company registration — from documentation to MCA filing — ensuring a seamless and compliant incorporation experience for global businesses.
What is the Registration of a Subsidiary Company in Salem?
The registration of a subsidiary company refers to the process of incorporating a company where a foreign parent company holds more than 50% of the total share capital. Under Section 2(87) of the Companies Act, 2013, a subsidiary is defined as a company in which the holding company controls the composition of the Board of Directors or exercises majority voting rights. A wholly owned subsidiary occurs when the parent company holds 100% of the shares. This structure gives the parent company complete operational control while ensuring the subsidiary remains a distinct legal entity in India.
What is the Eligibility Criteria for Indian Subsidiary Company Registration in Salem?
Before initiating a subsidiary company in Salem, it is essential to understand the eligibility requirements under the Companies Act and FEMA regulations. Key factors include minimum directors, shareholders, and registered office requirements.
- A minimum of 2 directors is required, with at least 1 being an Indian resident.
- There must be at least 2 shareholders, which can be individuals or corporate entities.
- The foreign parent company must hold more than 50% of the share capital.
- A registered office address in India is mandatory.
- No minimum share capital is prescribed, but INR 1 Lakh is recommended.
Understanding the eligibility is a critical first step before proceeding with the business setup through the subsidiary route in Salem.
What are the Documents Required for Indian Subsidiary Registration in Salem?
Preparing the right documentation is crucial for a smooth registration process. Below is the complete checklist of documents required for filing with the MCA:
- Certificate of Incorporation of the parent company (apostilled & notarised)
- Board Resolution authorising Indian subsidiary formation
- MOA & Articles of Association of the parent company
- Latest audited financial statements of the parent company
For directors and shareholders, identity proof, address proof, recent passport-size photo, and Digital Signature Certificate (DSC) are necessary.
What is the Step-by-Step Registration Process of Subsidiary Registration in Salem?
The subsidiary registration follows a structured approach under the MCA portal. Here is the complete step-by-step guide for forming a subsidiary in India:
- Obtain DSC for all proposed directors.
- Apply for DIN through the SPICe+ Form.
- Reserve a company name via the MCA RUN portal.
- Draft MOA & AOA aligned with company objectives.
- File SPICe+ Form with all supporting documents.
- PAN & TAN are applied automatically through SPICe+ form.
- Report FDI inflows to the RBI through the authorised dealer bank.
- MCA issues the certificate of incorporation with a unique CIN.
- Open a current account in the subsidiary company's name.
What are the Laws for Understanding Indian Subsidiary Registration in Salem?
The legal framework governing subsidiaries involves multiple legislations. Understanding these laws in Salem is essential for full compliance during and after launching a business in India through the subsidiary route.
- Companies Act, 2013: Governs incorporation, structure, and compliance.
- FEMA, 1999: Governs FEMA compliance for foreign exchange transactions.
- Income Tax Act, 1961: Covers tax benefits and obligations.
- FDI Policy (DPIIT): Regulates FDI regulations and sectoral caps.
- RBI Guidelines: Governs RBI approval for FDI reporting and remittances.
What is the Taxation of an Indian Subsidiary Company in Salem?
An Indian subsidiary in Salem is treated as a domestic company for tax purposes in India, irrespective of the foreign ownership. Understanding the tax benefits and obligations is key to effective business planning.
- The corporate tax rate is 22% for existing companies or 15% for new manufacturing companies.
- Dividends paid to the foreign parent company are subject to withholding tax.
- Transfer Pricing regulations must be complied with under the Income Tax Act.
- GST Registration is mandatory if annual turnover exceeds the prescribed threshold.
- Tax incentives are available for subsidiaries in SEZs, manufacturing sectors, and eligible startups.
What is the Authentication and Payment Process for Indian Subsidiary Company in Salem?
The MCA filing involves a specific authentication and payment process that must be completed accurately. This ensures compliance and avoids rejections or delays.
- Directors must authenticate the SPICe+ form using a valid Class 3 DSC.
- All foreign documents must be notarized and apostilled.
- Annual DIR-3 KYC filing is mandatory for all directors.
- Approximate fee for DSC per director ranges from INR 1,000 to INR 2,000.
- The cost for name reservation (RUN) is INR 1,000.
What is the Cost & Timeline for Indian Subsidiary Registration in Salem?
The overall cost and timeline for a subsidiary registration depend on document readiness, government processing time, and the complexity of the application.
- DSC & DIN Procurement: 2 to 3 Business Days
- Name Reservation: 1 to 2 Business Days
- Document Preparation & Filing: 3 to 5 Business Days
- MCA Processing & Approval: 5 to 7 Business Days
- Total Estimated Timeline: 10 to 15 Business Days
For a detailed walkthrough on costs involved, refer to our setup guide which outlines all government fees, professional charges, and post-incorporation costs.
How Can Foreign Companies Complete Indian Subsidiary Registration in Salem?
Foreign companies looking to enter the Indian market often choose the subsidiary route due to its flexibility and ease of operations. The process involves additional steps related to apostille, FEMA compliance, and RBI reporting.
- All foreign documents must be apostilled as per the Hague Apostille Convention.
- FDI inflow must be reported to RBI within 30 days of receipt.
- Filing of FC-GPR Form with RBI after allotment of shares.
- Compliance with FDI regulations under sectoral caps.
- Annual filing of FC-TRS Form for share transfers.
What is the Annual Compliance for an Indian Subsidiary Company in Salem?
Post-incorporation, maintaining annual compliance is mandatory under the Companies Act, 2013, Income Tax Act, and FEMA regulations. Non-compliance can result in heavy penalties.
- AGM must be held within 6 months of financial year end.
- Annual Return filing is due within 60 days of AGM.
- Financial Statements must be filed within 30 days of AGM.
- Income Tax Return is due by 30th November for transfer pricing cases.
- Director KYC is due by 30th September each year.
IndiaFilings has been assisting thousands of foreign businesses in establishing their subsidiary companies seamlessly in Salem. Our experienced team handles every aspect of the registration process — from initial eligibility assessment to compliance. Whether you are a multinational corporation or a foreign startup, our dedicated team ensures your process is completed accurately and on time. Start your Indian Subsidiary application today and leverage our comprehensive support.
