GKC Associates
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Service 01 of 06

Business structuring support

For Indian promoters and overseas companies deciding how to hold a business in India: which entity, who owns it, who sits on its board, and what has to be on file from the first day.

Proposed scope · to be confirmed
2 min read
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01When it helps

You may need this when…

  • 01An overseas company is weighing a subsidiary, an LLP, or a branch or liaison office in India
  • 02A promoter group has grown entity by entity and the chart no longer matches the paperwork
  • 03A new line of business needs its own vehicle, or a joint venture needs a home
  • 04Shareholding, board seats or inter-company arrangements need to be written down properly
02What you receive

Four things, in writing.

Each deliverable is yours: built in your tools, owned by a named person in your team.

01.1

Options paper

The realistic entity choices side by side: approvals, board and residency rules, reporting, exit route. Written for a board decision.

01.2

Group chart

One page showing every entity, its holding, its directors and its registered office, kept current.

01.3

Set-up checklist

Incorporation, registrations, bank account, first board meeting and foreign-investment reporting, in order, with owners and dates.

01.4

Day-one file

Statutory registers, board and shareholder resolutions, and a compliance calendar for the first year.

03How it runs

Four stages.

Dates for each stage are fixed in the written scope before work starts. The full method

  1. Facts

    Who invests, from where, in what, and what the business will actually do in India.

  2. Options

    Two or three workable structures with what each one commits you to.

  3. Decision

    The board picks; the reasons go on file.

  4. Set-up

    We run the checklist with your lawyers and tax advisers until the entity is operating.

Boundaries

What this is not.

  • A legal or tax opinion. Where one is needed, your advisers give it; we prepare the facts and papers they need.
  • Filing or certification that the law reserves for a practising professional.
Can a foreign company own 100 per cent of an Indian private company?

In most sectors, yes, under the automatic route of India's foreign direct investment policy. Some sectors have caps or need government approval, so the sector is the first thing to check.

Do we need a director who lives in India?

Every Indian company needs at least one director who stays in India for at least 182 days in the financial year (Companies Act, 2013, section 149(3)). An LLP needs one designated partner resident for at least 120 days.