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Setting up a company outside India is one of the most powerful ways for Indian entrepreneurs, promoters, and investors to access global markets, raise offshore capital, consolidate international investments, and build a legitimate, regulated corporate presence in key jurisdictions. Whether it is a Delaware C-Corp for a US-facing SaaS business, a UK limited company for European clients, a Singapore Pte Ltd as a regional HQ, a Dubai free zone entity for the GCC, or a group holdco in Mauritius — the right structure unlocks global opportunity and long-term value.
But incorporating offshore is not just “forming a company abroad”. For Indians, every offshore entity must be built around FEMA’s Overseas Investment (OI) framework, the Income Tax Act, DTAAs, transfer pricing, and the host country’s own corporate, tax, and regulatory laws. Get the wrong jurisdiction, the wrong entity type, or the wrong reporting trail, and a well-intentioned expansion can become an expensive compliance headache for the promoter and the Indian company.
We offer end-to-end advisory for setting up companies outside India — from jurisdiction selection and structuring to FEMA OI / ODI compliance, local incorporation, banking, tax and treaty positioning, nominee / local director support, and ongoing cross-border compliance — so your offshore entity is built cleanly, runs compliantly, and truly enables your global plan.
OI / ODI
FEMA Overseas Investment route
LRS
Liberalised Remittance Scheme for individuals
DTAA
Tax treaty planning & relief
Multi-Law
India + host country + treaty
Laws & Frameworks We Work Under
FEMA & OI Rules, 2022
Companies Act, 2013
Income Tax Act
DTAA / Tax Treaties
Transfer Pricing
LRS (Individuals)
Local Corporate Laws
FATCA / CRS
Two Routes for Indians Setting Up Overseas
Company Route
Indian Company as Shareholder
Indian company invests in an overseas Wholly Owned Subsidiary (WOS) or Joint Venture (JV) under the FEMA OI framework.
- Governed by OI Rules, 2022
- OI / ODI filings via AD Banker
- Form FC / APR reporting
- Financial commitment limits apply
- Suited for operating companies, groups
- Clean separation from promoter
Individual Route
Resident Individual as Shareholder
Indian resident individual sets up an overseas company under LRS or as permitted under the OI framework.
- LRS up to prescribed annual limit
- OI rules for eligible individuals
- Common for founders & start-ups
- Reporting via AD Banker
- Personal tax implications apply
- Careful structure is essential
Our Setup Company Outside India Services
Jurisdiction Selection
Evaluation of host countries on tax, regulation, talent, banking, and market parameters.
Structure Design
Choice of entity type, holdco vs operating company, and long-term group architecture.
FEMA OI / ODI Filing
Form FC, Annual Performance Report (APR), and AD Banker-routed remittances and filings.
Local Incorporation
Overseas company registration, director KYC, address, and constitutional documents.
Tax & Treaty Advisory
Corporate tax, DTAA benefits, PE analysis, and tax residency positioning advisory.
Transfer Pricing
Inter-company pricing between Indian and overseas entities with documentation support.
Banking & Treasury
Corporate bank account opening, payment rails, treasury, and currency management.
Ongoing Compliance
Annual filings, audit, APR, transfer pricing, FATCA / CRS, and cross-border coordination.
Popular Jurisdictions We Support
USA
Delaware C-Corp / LLC
The default US structure for SaaS, fintech, and VC-funded start-ups targeting US clients.
C-Corp
LLC
United Kingdom
UK Private Limited
Companies House registered limited company, VAT, HMRC payroll, and UK client contracting.
Ltd
Branch
Singapore
Singapore Pte Ltd
ACRA registered Pte Ltd — popular regional HQ, treasury, and IP holding destination.
Pte Ltd
Holdco
UAE
UAE Mainland / Free Zone
Mainland, free zone, DIFC, and ADGM companies for GCC-facing businesses and holdcos.
Free Zone
DIFC
ADGM
Mauritius
Mauritius GBC / AC
Global Business Company and Authorised Company structures for India & Africa-focused investment.
GBC
AC
Netherlands
Dutch BV
BV structures for European IP holding, royalties, and regional operations.
BV
Holdco
Hong Kong
Hong Kong Ltd
Hong Kong limited companies for Greater China trade, treasury, and cross-border holding.
Ltd
Trading
Cayman & BVI
Offshore Holdcos
Cayman Exempted Companies and BVI BC structures for funds, SPVs, and global holdcos.
Cayman
BVI
When Indians Set Up a Company Outside India
Global SaaS & Start-Ups
US-facing SaaS and tech start-ups raising VC capital through a Delaware C-Corp parent.
Access to New Markets
Local contracting, billing, and customer comfort in USA, UK, EU, GCC, Singapore, and Africa.
Global Group Holdco
Consolidation of international investments in a well-governed offshore holding company.
IP & Royalty Hub
Ownership of global IP, trademarks, and royalty streams through a suitable jurisdiction.
Regional Treasury
Regional treasury, cash pooling, and finance functions close to key markets.
Fundraising & Exits
Structures designed for offshore VC / PE fundraising, listings, and strategic exits.
Projects & Contracts
Overseas project execution, EPC contracts, and local bidding requirements.
Family & Wealth Planning
Structured offshore holdings for UHNI families, succession, and global asset management.
Documents Typically Required
Indian Investor
- PAN & identity proof
- Address proof & utility bill
- Passport-size photographs
- Latest ITR / financials
- Source of funds declaration
- Board resolution (if company)
- Authorization to signatories
FEMA OI / ODI Filings
- Form FC / ODI forms
- Valuation report (where needed)
- Auditor’s certificate
- AD Banker KYC & remittance papers
- FEMA declarations & undertakings
- Annual Performance Report (APR)
Overseas Incorporation
- Proposed name options
- Objects / activities to be carried out
- Registered office & local address
- Director & shareholder KYC
- Apostilled / legalised documents
- Power of Attorney to local agent
- Business plan & activity scope
Our End-to-End Setup Approach
1
Strategy
Business goals, jurisdiction shortlisting, and choice of entity type & investor route.
2
Structuring
Tax & treaty modelling, PE analysis, transfer pricing, and group architecture.
3
FEMA & Banking
OI / ODI filings, LRS compliance, AD Banker coordination, and overseas remittance.
4
Incorporation
Local incorporation, directors, address, bank accounts, and initial tax registrations.
5
Ongoing Compliance
APR, tax filings, transfer pricing, FATCA / CRS, and cross-border compliance calendar.
Why Set Up an Overseas Company with Us
✓
Access global markets, customers & talent
✓
Raise offshore VC / PE capital cleanly
✓
Optimize tax & treaty outcomes globally
✓
Ring-fence international operations & risk
✓
Credible structure for global counterparties
✓
FEMA-compliant cross-border capital flows
✓
Platform for M&A, listings & exits
✓
Single point of coordination across jurisdictions
FAQs on Setting Up a Company Outside India
Can an Indian company or individual legally set up a company outside India?
Yes. Subject to FEMA and the Overseas Investment (OI) Rules, 2022, both Indian companies and resident individuals can set up companies outside India — either as Wholly Owned Subsidiaries, Joint Ventures, or step-down structures. Individuals may also use the Liberalised Remittance Scheme (LRS) within prescribed annual limits, subject to conditions. All overseas investments must be routed through an AD Banker and appropriately reported.
What is the FEMA OI framework?
The Overseas Investment Rules, 2022, along with related RBI regulations, govern outbound investments from India. They classify investments into Overseas Direct Investment (in strategic / controlling stakes) and Overseas Portfolio Investment, prescribe reporting forms, financial commitment limits, permitted activities, and the role of the AD Banker. Every offshore company setup by an Indian resident must comply with this framework.
How do I choose the right jurisdiction?
Jurisdiction choice depends on the target market, tax treatment, DTAA network, capital market access, banking infrastructure, talent availability, and the long-term exit plan. Delaware is a default for US-facing tech; Singapore and UAE for regional holdcos and Asia / GCC business; UK for European clients; Mauritius and Netherlands for IP and investment holding. We evaluate these trade-offs against the specific business plan.
What is the difference between a subsidiary and a branch?
A subsidiary (such as a Delaware C-Corp, UK Ltd, or Singapore Pte Ltd) is a separately incorporated entity with its own tax residency, liability profile, and governance. A branch is an extension of the Indian parent in the host country — same legal entity, consolidated balance sheet, and direct exposure to host country liability and PE risk. The right choice depends on liability appetite, tax positioning, and long-term plans.
How does FEMA interact with Indian tax when setting up overseas?
FEMA governs the flow of capital out of India and sets reporting rules. Indian tax governs how overseas income, dividends, capital gains, and transfer pricing outcomes are taxed in the hands of the Indian shareholder. Both must be considered together — along with the DTAA between India and the host country — to design a structure that is both compliant and efficient.
Do we need to file anything every year in India?
Yes. Resident investors holding overseas entities are required to file the Annual Performance Report (APR) with the RBI through the AD Banker, report foreign assets in their Indian tax returns (Schedule FA), comply with FATCA / CRS, and ensure transfer pricing documentation where applicable. Ongoing discipline on these filings is critical to remain fully compliant.
How long does it take to set up a company outside India?
Typical timelines range from 1 to 6 weeks for incorporation itself — Delaware, UK, Singapore, and UAE free zones being relatively fast, and mainland / regulated jurisdictions taking longer. End-to-end setup — including FEMA filings, banking, tax registrations, and initial contracts — usually takes 6 to 12 weeks. Complex structures or regulated sectors can take longer.
Can you handle overseas incorporation & ongoing compliance together?
Yes. We coordinate Indian FEMA and tax aspects, host-country incorporation and tax compliance, banking, transfer pricing, and annual filings through a single integrated engagement, working with trusted local partners in each jurisdiction — so you have one relationship managing your global corporate footprint.
Launch a Clean, Compliant Company Outside India
Partner with our specialists for end-to-end offshore company setup — jurisdiction selection, FEMA OI compliance, local incorporation, tax & treaty structuring, and ongoing compliance — all under one roof.
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