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A Phoenix-based US longevity company needed its Indian subsidiary incorporated within 15 days. AU Corporate filed the SPICe+ form on day 13, and the incorporation approval email arrived on day 14.
AU Corporate, a New Delhi firm of Chartered Accountants, Company Secretaries and lawyers serving foreign parents since 2016, incorporated the Indian subsidiary of a Phoenix-based US longevity company in 14 days, against the client's deadline of 15 days. After the ROC approved the name, AU Corporate drafted the documents the next day and explained signing and apostille over a video call. The client returned apostilled documents within 10 days, AU filed the SPICe+ form on day 13, and the approval email arrived on day 14.
| Item | Detail |
|---|---|
| Parent company | A longevity company based in Phoenix, USA (name withheld) |
| Requirement | Incorporate the Indian subsidiary within 15 days |
| Time taken | 14 days to the incorporation approval email |
| Apostilled documents | Returned by the client within 10 days |
| SPICe+ filing | Filed on day 13 |
| AU Corporate's role | Name application, document drafting, signing and apostille guidance, DSC, resident director signatures and ROC filing |
The parent is a US longevity company based in Phoenix. It had an urgent need to have its Indian subsidiary incorporated within 15 days, which is much shorter than the 4 to 6 weeks that AU Corporate normally quotes from signed documents to the FC-GPR report.
AU Corporate accepted the challenge and asked the client to act quickly on the apostille of its documents, because for a foreign parent the apostille is often the step that takes the longest.
The key steps, in order. AU Corporate ran the steps that could run at the same time in parallel.
The proposed name of the Indian subsidiary was approved, which allowed the documents to be drafted.
AU Corporate drafted all the incorporation documents the day after the name approval, shared them with the client and explained over a video call how to sign them and how the apostille works.
The client signed, had the documents apostilled and returned all of them within 10 days.
AU Corporate applied for the digital signature certificates straight away and, in the meantime, collected all the required signatures from the subsidiary's resident director in India.
AU Corporate filed the incorporation application on the SPICe+ form with the ROC.
The email approving the incorporation arrived on day 14, one day inside the client's deadline.
General background for foreign parents, not a description of this client's papers.
The proposed company name is submitted to the Registrar of Companies, and it must be approved before the incorporation papers are finalised.
The foreign parent signs a board resolution, authorisations and identity and address documents, which usually need notarisation and an apostille, or consular legalisation, before they are used in India.
Each director needs a digital signature certificate (DSC) and a Director Identification Number (DIN) to sign the online forms.
At least one director must have stayed in India for 182 days or more in the year, and this person signs the declarations that the incorporation forms need.
The SPICe+ form is the integrated online application for incorporation that also covers PAN, TAN and certain registrations, and the ROC approves it with an email.
The Indian subsidiary's incorporation was approved on day 14, one day within the client's 15-day requirement, with all the parent's documents apostilled in 10 days.
The timeline worked because the parent acted quickly on the apostille, AU Corporate drafted the documents the day after the name was approved, and the digital signature and resident director steps were run while the apostille was in progress.
14
Days to Approval
10
Days for Apostilled Documents
General guidance for a parent company that needs an Indian subsidiary quickly.
The foreign documents are usually the longest step, so sign and apostille them as soon as the drafts arrive.
Draft the papers only after the name is approved, and draft them the next day.
Apply for digital signatures while the apostille is in progress, instead of one after the other.
Line up the resident director early so the Indian-side signatures do not delay filing.
Some sectors have special FDI or licence rules, so check them before you file.
A certificate that authenticates a document for use in another country that is a member of the Hague Apostille Convention.
The integrated online form of the Ministry of Corporate Affairs for incorporating a company in India.
The Registrar of Companies, which approves the name and the incorporation.
A digital signature certificate that directors use to sign online forms.
A Director Identification Number, unique to each director.
A director who has stayed in India for at least 182 days in the financial year.
Each service has its own page with the process, the deadline calendar and answers to common questions.
Straight answers to questions foreign finance teams ask. Can't find yours? Ask us in the form below.
Written and reviewed by Abhishek Jaiin, Chartered Accountant (ICAI Membership No. 544646) · Last reviewed:
This is general guidance based on Indian law and practice as at the date above. It is not advice for your specific case, and rules can change.
AU Corporate's standard timeline is 4 to 6 weeks from signed documents to the FC-GPR report. A faster timeline is possible when the documents are ready, as in this case study, where the incorporation approval came on day 14. The speed depends on the name approval, the apostille and the signatures, and no timeline is guaranteed.
An Indian subsidiary can be incorporated in about two weeks if the name is approved quickly, the parent's documents are signed and apostilled promptly and the digital signatures and resident director signatures are ready. AU Corporate did this in 14 days for a US company. The ROC and the apostille office control some of the timing.
SPICe+ is the integrated online form of the Ministry of Corporate Affairs for incorporating a company in India. It combines the incorporation application with PAN, TAN and certain other registrations. AU Corporate fills the form, attaches the documents and files it with the ROC, which approves the incorporation by email.
An apostille is a certificate issued in the country where a document was signed that confirms the signature or seal is genuine, for use in a member of the Hague Apostille Convention, which includes India. A foreign parent needs it on the documents it signs abroad, such as board resolutions. AU Corporate explains the steps for your country.
An apostille can take from a few days to a few weeks, depending on the country, the state or office that issues it and whether you apply online or by post. In this case study the client returned all apostilled documents within 10 days. AU Corporate explains the quickest route for your country.
A US company usually needs a board resolution approving the investment, an authorisation for the signatory, its incorporation documents, and identity and address proofs of its directors, all signed and apostilled. AU Corporate sends a checklist for your country and checks each document before it is used.
Name approval is the ROC's clearance of the proposed company name, which is applied for first as part of the incorporation process. It is often given within a few days if the name is distinctive and not similar to an existing one, but the ROC decides. AU Corporate searches the name before applying.
Every director of an Indian subsidiary needs a Director Identification Number and a digital signature certificate to sign the online forms. For a director abroad, the identity documents must be authenticated, and the application is verified over video. AU Corporate applies for both and guides the directors.
An Indian company must have at least one director who has stayed in India for 182 days or more in the financial year. This director signs the declarations in the incorporation forms and other statutory documents. A professional resident director has no authority over the bank account or contracts. AU Corporate can provide one.
The parent's directors can sign the documents in their own country and AU Corporate can explain the signing and apostille steps over a video call, as in this case study. The rules for notarising and apostilling remotely vary by country and state, so AU Corporate checks the route for your location.
In most sectors, a US company can own 100 percent of an Indian subsidiary under the automatic route, with no prior approval, and report the investment to the RBI afterwards. A few sectors have caps or need government approval. AU Corporate checks the route for your business activity before incorporation.
The Companies Act has no minimum paid-up capital for a private limited company, which needs at least two directors, two shareholders and one resident director. The share capital should cover the subsidiary's set-up and running costs until it earns revenue. AU Corporate's package is priced for INR 10 lakh of share capital.
The most common delays are an apostille that takes longer than planned, a name that the ROC rejects, mismatched details across documents, late digital signatures and signatures in the wrong place. AU Corporate checks each document before filing and runs the steps in parallel to avoid these delays.
After incorporation, the subsidiary must appoint its first auditor within 30 days, open a bank account, receive the share capital and report the share issue to the RBI in FC-GPR within 30 days of allotment, and declare commencement of business within 180 days. AU Corporate manages each step.
AU Corporate's incorporation package costs USD 750 to 1,000, all-inclusive, for a subsidiary with INR 10 lakh of share capital. Larger share capital or some states may cost more. An urgent timeline needs the client to act promptly on the documents, and AU Corporate confirms the fee in writing before work begins.
A US longevity, biotech or health-tech company can set up an Indian subsidiary, but the rules depend on the activity. Some healthcare and pharma activities have FDI conditions, and products or services may need licences, for example from the food, drug or health authorities. AU Corporate checks the FDI route and licences before you file.
Depending on its activity, a longevity or wellness business in India may need other licences, such as food or supplement registration, drug or medical device approvals, state clinic registrations, and compliance with data protection law for health data. AU Corporate maps the licences to your plan so that the subsidiary can start on time.
AU Corporate does not publish client names or performance figures without the client's approval. If you need a similar timeline, AU Corporate can discuss the plan with you on a call and may be able to arrange a reference where the client agrees.
AU Corporate has served parent companies from more than 10 countries, including the USA, UK, Singapore, Australia, Germany, Japan, China, Hong Kong, Spain, France and the UAE. The Indian rules are the same for each, and the apostille or legalisation steps differ by country. AU Corporate explains the quickest route for yours.
Tell us where your parent company is, your target date and your business activity in India. We will reply with a clear plan and quote.