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Setting up a company

What to check before you incorporate

You're deciding how to structure and register your Indian company before you incorporate. This covers the resident-director and FDI-route decisions, who actually owns the IP you've already built, and the FEMA rules around funding the company from abroad, the items that are cheapest to get right before day one and hardest to unwind after.

0 of 11reviewed. Ticking a box just means you've looked into it, not that we've confirmed your position, use it as your own coverage tracker, not a compliance certificate.

Setup & structuring

  • Have you confirmed your resident-director and FDI-route requirements before incorporating?

    Read the full guide →
  • Have you weighed LLP against private limited specifically on FDI eligibility and resident-partner rules?

    Read the full guide →
  • If you built the product before the company existed, have you formally assigned that IP to the company?

    Read the full guide →
  • Did your company's bank account KYC correctly identify the beneficial owner, not just the signatory?

    Read the full guide →

Ongoing compliance

  • If you're freelancing or consulting on India-sourced income, have you sorted out GST registration and export-of-services treatment?

    Read the full guide →

Tax & transfer pricing

  • Do you withhold TDS on your AWS, GitHub or Slack bill, or have you documented why you don't need to?

    Read the full guide →

FEMA & RBI filings

  • After any foreign investment into your company, have you filed FC-GPR, FC-TRS and the annual FLA return?

    Read the full guide →
  • If you've funded your own company from abroad, is it structured correctly under FEMA rather than as an informal loan?

    Read the full guide →
  • Does your founders' agreement have a buyback or exit clause? Have you checked it against FEMA's pricing rules?

    Read the full guide →
  • Does your cap table include a China or Hong Kong-linked investor? That can pull your round off the automatic FDI route.

    Read the full guide →
  • If you've raised money on a SAFE or KISS note, have you confirmed that's actually valid under Indian FEMA rules?

    Read the full guide →

Not sure which of these actually apply to you?

Tell a senior CA what your company does and its size. They'll confirm exactly which of these are live for you, on a free call.

Senior CA who specialises in NRI tax · we deal with the tax officer, you don't

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