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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