World Watch/India/Starting a Business

Starting a Business · India

Starting a Business - India

ModerateCompanies Act, 2013 (incorporation via MCA SPICe+); FDI governed by FEMA and the DPIIT Consolidated FDI Policy administered by the Reserve Bank of India and the Department for Promotion of Industry and Internal Trade (DPIIT).

India permits 100% foreign ownership under the 'automatic route' (no prior government approval) in most sectors, has abolished any minimum paid-up capital, and runs a fully online incorporation process via the MCA SPICe+ form. However, friction remains for foreigners: at least one director must be Indian-resident, foreign documents must be notarised and apostilled, and a minority of sectors are restricted or require government approval. Overall it is feasible but bureaucratic, hence moderate.

Foreign ownership — mostly liberal

FDI up to 100% is permitted under the automatic route (no prior government/RBI approval; only post-facto reporting to RBI within 30 days) in most sectors, including most manufacturing, IT, renewables and many services.

Restricted & prohibited sectors

FDI is prohibited in lottery, gambling/betting, chit funds, Nidhi companies, real estate trading and tobacco manufacturing. Sectors such as defence (beyond 74%), multi-brand retail, print media and broadcasting require prior government approval via the Foreign Investment Facilitation Portal.

No minimum capital

Since the Companies (Amendment) Act, 2015 there is no minimum paid-up capital requirement for a private limited company, so a company can be formed with nominal capital.

Mandatory resident director

Under Section 149(3) of the Companies Act, 2013, every company must have at least one director who stayed in India for 182+ days in the financial year. A foreigner cannot incorporate alone without an Indian-resident director.

Setup steps (SPICe+)

Online via MCA: obtain Class-3 Digital Signature Certificate; reserve name (SPICe+ Part A); file SPICe+ Part B with e-MoA/e-AoA and AGILE-PRO (auto-allots DIN, PAN, TAN, GST, EPFO/ESIC, bank account). Foreign directors' passports/proofs must be notarised and apostilled abroad.

Typical timeline & cost

Incorporation generally completes in about 7–15 working days once documents are ready; the main delays for foreigners come from arranging notarisation/apostille of overseas documents.

Machine-assisted translation · verified 5/23/2026 · orientation, not legal advice. English version →