Subsidiary Company Registration in India- Advantages
Subsidiary Company Registration in India
Over the years, India has become one
of the fastest growing economies of the world attracting huge foreign direct
investments. India is the world’s largest democracy with huge market with
middle class consumer base, high skilled and cheap work force and world’s
second largest English speaking country. Further, government of India has
introduced lot of schemes and provided incentives to foreign companies for
setting up their businesses in India
All the aforesaid reasons have made
India quite an attractive business destination and over the years, India has witnessed
more and more foreign business
set up in India.
There are many options for foreign
company registration in India like
in the form of liaison office, branch office, subsidiary company, joint
ventures and Limited Liability Partnerships.
Depending upon the long term vision
of the company as well as business objectives, foreign company may choose any
of the aforesaid options for company registration in India.
In this write up, we will discuss
about some of the advantages of subsidiary company registration in India:
Advantages
of Subsidiary Company Registration in India
Some of the advantages of subsidiary company
registration in India are as under:
a) Can use the brand name of foreign company
Normally, foreign companies which
want to incorporate a subsidiary in India want to also use its brand name in
India. At the time of incorporation of an Indian subsidiary, Indian company may
attach a NOC and Board resolution resolving for using the brand name of foreign
company in India and 90% of the times, Indian regulatory authorities allot the
same name to Indian subsidiary company as that of its parent company. However,
if there is already an Indian company registered with similar brand name, then
in such cases, new name need to be applied for approval.
b) Taxation rate Advantage
Another advantage of Indian
subsidiary company (whether private limited or public limited) is that it
enjoys very less corporate tax rate ( 15% and 22%) as compared to other forms
of entities like Branch office ( 40%), LLP (30%). This is an important factor
for choosing an Indian subsidiary over other forms of entity registration.
c) Suitable for private equity and venture capital
investment
Since shares of an Indian subsidiary
may be transferred to other entities, it is suitable for investment by private
equity firms and venture capitalist who takes shares of the company and make
huge investment in the business of an Indian Subsidiary.
d) Independent
legal structure
The Indian subsidiary is governed by
Indian business law and has a separate or independent legal structure from its
parent firm. Unlike branch office and liaison office, which are considered as
foreign company in India, Indian subsidiaries are considered as Indian company
only and governed by Indian rules and regulations.
e) Share transfers
After signing a share transfer form
and a share certificate, a shareholder may easily exchange or transfer the
shares they purchased to another party or individual.
f) No restriction on business activities in India
Unlike branch office and liaison
office which requires prior permission of Reserve bank of India for doing
business operations in India as well as the fact, that they can do only
permissible business activities in India, there is no restriction on doing any
business in India for subsidiary companies. Barring few prohibited activities
in India, they are allowed to do all the business activities as mentioned in
their MOA and AOA.
Thus, it may be seen from above,
that there are many advantages of subsidiary
company registration in India and accordingly, over the years,
it has become one of the most sought after manner of business set up in India
by the foreign entities.
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