Business Setup In India

Business Setup in India

KSK offer extensive support to help foreign companies looking to setup in India, navigate the most effective entry and exit strategies for business setup in India and running the business in India, including advisory around Foreign direct investment in India.

With the assistance of our skilled foreign business setup consultants in India, we help you not only navigate India business culture for seamless operations but also assist in setting up a business in India. We are a law firm dedicated to helping foreign and national businesses establish their business operations in India, particularly for businesses that are based in the United States. We understand the challenges involved in business setup in India from the US and provides comprehensive support to ensure that our clients are legally compliant throughout the process of establishing their business in India. We provide guidance on issues such as company incorporation, taxation, FDI in India, labor laws, regulatory compliance, and other legal requirements that may be necessary for operating a business in India. By offering these services, KSK aims to make it easier and more efficient for companies to set up their business operations in India.

Our Services

KSK has assisted more than 2000 companies to setup in India and run their Indian business operations smoothly. The process of setting up a business in India can be complex, and it is recommended that you seek professional help to ensure compliance with all legal requirements. Few pointers to actively keep note of while setting up in India are as follow:

  • Company Incorporation:

    We can assist in incorporating a new company, including filing the necessary documents with the Registrar of Companies, obtaining the necessary licenses and approvals, and advising on the most appropriate type of legal entity to form.

  • Legal Compliance:

    We can help ensure that a new or existing company is in compliance with all applicable laws and regulations, including tax laws, labor laws, and environmental laws.

  • Intellectual Property:

    We can assist in protecting intellectual property rights, including registering trademarks and patents, and drafting licensing agreements.

  • Due Diligence:

    We can can conduct due diligence on behalf of investors or companies looking to invest in or acquire other businesses in India, to ensure that the transaction is legally sound and all legal requirements are met.

  • Tax Planning:

    We can can help with tax planning and structuring of investments, including advising on the most tax-efficient business structure.

  • Drafting Agreements:

    We can ssist in drafting various commercial agreements, including shareholder agreements, employment contracts, and vendor contracts.

Key Highlights

KSK has assisted more than 2000 companies to setup in India and run their Indian business operations smoothly. The process of setting up a business in India can be complex, and it is recommended that you seek professional help to ensure compliance with all legal requirements. Few pointers to actively keep note of while setting up in India are as follow:

Choosing the type of business entity

Company registered under the provisions of the Companies Act, 2013

Private Limited Company (PLC)
• Public Limited Company

Other Permissible Structures

• Liaison office
• Branch office
• Joint Venture
• Wholly-owned Subsidiary
• Project Office

Registering the business

Once the type of business entity is decided upon, needs to be registered with the Registrar of Companies (RoC). The process of registration varies depending on the type of business entity you choose.
We’ve discussed about various documentation requirements for different business structures in our article: A guide for foreign nationals to start a business in India

Obtain necessary licenses and permits

Depending on the nature of the business, their may be a requirement to obtain various licenses and permits from government authorities. For instance, for starting a food business, their may be a need need to obtain a food license from the Food Safety and Standards Authority of India (FSSAI). We’ve discussed about various necessary licenses required to setup a business in India: Setting Up A Business In India: An Overview

Opening a bank account

Once the company is incorporated in India, there is a requirement to open a bank account in India to conduct financial transactions.

Obtaining a tax registration number

There is also requirement to obtain obtain a tax registration number, such as a Permanent Account Number (PAN) and Goods and Services Tax (GST) registration, to comply with tax regulations.

Compliance with Labour Laws

One may also need to comply with various labour laws in addition to the afore-mentioned regulations such as the Minimum Wages Act, Payment of Gratuity Act, and Industrial Disputes Act, among others.

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FAQs

WHY CHOOSE KSK FOR SETTING UP BUSINESS IN INDIA

King Stubb & Kasiva is a reputable and reliable option for setting up a business in India for several reasons.

Our business setup consultants in India have a strong understanding of the Indian business environment and regulations, which can be complex and confusing for foreign businesses. With our expertise in setting business in India, companies can navigate the legal and regulatory landscape with ease.

We, further offer a range of services that can support businesses throughout their entire lifecycle, from incorporation and registration to compliance and ongoing management. This makes it easier for companies to focus on their core business activities while KSK takes care of the administrative tasks.

Additionally, KSK has a strong network of partners and contacts across various industries in India. This can be invaluable for businesses looking to establish themselves in the Indian market, as KSK can provide valuable insights and connections that can help businesses succeed.

WHAT ARE THE LEGAL AND REGULATORY REQUIREMENTS FOR SETTING UP A BUSINESS IN INDIA AS A US COMPANY?

The legal and regulatory requirements for setting up a business in India as a US company depend on the form of business entity. Some of the common requirements include registering with the Registrar of Companies, obtaining a tax identification number, and complying with Indian tax laws.

WHAT ARE THE TAX IMPLICATIONS OF SETTING UP A BUSINESS IN INDIA AS A US COMPANY?

US companies operating in India are subject to Indian tax laws, including income tax, goods and services tax, and withholding tax. It is recommended to seek professional tax advice to ensure compliance with Indian tax laws.

ARE THERE ANY GOVERNMENT INCENTIVES OR SUPPORT PROGRAMS AVAILABLE FOR US COMPANIES SETTING UP A BUSINESS IN INDIA?

Yes, the Indian government has introduced several incentives and support programs to attract foreign investment and promote entrepreneurship, such as the Startup India initiative, Make in India program, and various tax incentives.