Starting Business in India – Entry Services & Available Legal Structures

With a consumption base of close to 1.35billion people, India provides emerging market opportunities for both Indian and foreign investors. Now, India has climbed to the 63rd rank amongst 190 countries in the World Bank’s ease-of-doing-business ranking released on Oct. 24, 2019. The leap of 14 places from 2018 to 2019, puts India among the top 10 improvers in rank yet again, according to the agency’s Ease of Doing Business 2020 report. This opens the doors for starting business in India for many expats.

Collectively, ease of doing business & high demand for products due to high population & hence higher consumption base is making India the most attractive destination for investors across the globe. Furthermore, resource abundance, cheap labor, easing FDI norms under automatic route, etc. make India even more lucrative destination. 

How does Spiraea evaluate foreign entrants?

Evaluation by Spiraea for foreign entrants is done keeping in mind the regulatory environment, tax and other government policies. Foreign investors need to follow FEMA and RBI regulations to commence any business in India. This can be done by means of Foreign Direct Investment (FDI) or by being a Foreign Institutional Investor (FII). Foreign investors are bound by strict rules and there exists a web of complexities for them to enter in India.

Spiraea, as an entity, eases this cumbersome process for them and makes the process seamless without any hindrances. Our multitude of services provided to foreign investors includes market research, feasibility studies, location analysis, tax-efficient funding structures including repatriation strategies to prospective investors exploring opportunities for business in India.

After the conclusion of business research by the investor, the following are various forms of legal structure options in India available for them: 

  • Private Ltd Company
  • Public Ltd Company
  • Unlimited Company
  • Sole proprietorship
  • Joint Hindu Family business
  • Partnership
  • Cooperatives
  • Limited Liability Partnership(LLP)
  • Liaison Office
  • Branch Office
  • Project Office
  • Subsidiary Company

Starting business in India made easy

Spiraea provides consulting services to evaluate market entry options to investors which include comparison of different entry options as well as legal structure options basis multiple factors such as cost of formation, ease of formation, transfer of ownership, continuity, regulations, flexibility, capital availability, etc. Despite the jump in ease of business index, the complexity of the Indian economy and the baffling approval processes are not very encouraging, thus, the need arises for local partners who can ramp up their operations swiftly and manage the compliances. 

Spiraea Services

After determination of the best suited legal structure, Spiraea provides incorporation services for setting up of such structure of company, branch, liaison office in India.  Spiraea has an all-encompassing comprehensive approach that covers every step from setting up a business to adhering to the laws of the land. Post incorporation, book-keeping & accounting, audit services, corporate secretarial & regulatory services, obtaining tax & other necessary registrations in India, payroll, labor laws & human resources, etc. are all support services which Spiraea would provide under one roof which allows the investor to focus on their core business & leave the compliance responsibilities on us. 

Various Legislations in India wherein compliance requirements exist for businesses in India: 

  • The Companies Act 2013
  • The Income Tax Act 1961
  • The Competition Act
  • The Indian Contracts Act
  • The FEMA (Foreign Exchange Management Act, 1999)
  • The SEBI Act (Securities and Exchange Board of India)
  • The SCRA (Securities Contracts Regulation Act, 1956)
  • RBI FDI regulations