NRI Company Setup in India — Resident Director, FC-GPR & FEMA Compliance

Setting up a company in India as an NRI or foreign national involves rules that catch most first-timers off guard — especially the mandatory Resident Director requirement and the 30-day RBI reporting deadline that triggers the moment foreign investment arrives. Miss either, and you face FEMA penalties that can freeze your India operations.

Dealintax has handled 500+ NRI and FDI company incorporations from Hyderabad, Secunderabad and across Telangana. We are your single point of contact for the entire setup — from incorporation to RBI filings, GST, Profession Tax, and ongoing ROC compliance.

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The #1 Rule NRIs Miss: Mandatory Resident Director

⚠️ Legal Requirement: Under Section 149(3) of the Companies Act 2013, every Indian company must have at least one director who has stayed in India for a minimum of 182 days during the previous calendar year. An NRI-only board is not legally permissible. Violation can result in disqualification of all directors and striking off the company.

Most NRI promoters appoint a trusted Indian resident — a family member, CA, or professional nominee — as the Resident Director. Dealintax can provide a professional nominee Resident Director service while your India operations stabilise, or help you identify and onboard an appropriate local director.

The 30-Day RBI Reporting Deadline (Form FC-GPR)

Under FEMA (Foreign Exchange Management Act), Rule 9 of FEMA 20(R)/2017:

  • When a foreign investor remits funds to an Indian company (share subscription), the company must report this to RBI within 30 days by filing Form FC-GPR on the FIRMS Portal
  • Form FC-GPR must be filed after shares are allotted — so the allotment must also happen within a reasonable time after remittance
  • Failure to file within 30 days attracts compounding penalties under FEMA — starting at ₹10,000/day and potentially reaching 3x the remittance amount
  • Late FC-GPR filing requires a separate Compounding Application to RBI — a time-consuming and costly process

Full NRI Company Setup Timeline — What Dealintax Handles

StepActivityTimeline
1Name reservation via RUN (Reserve Unique Name)Day 1–2
2DSC for all directors (including NRI/foreign directors)Day 1–3
3MOA / AOA drafting and filing — SPICe+ formDay 3–6
4Certificate of Incorporation issuedDay 6–10
5PAN, TAN, Bank account openingDay 10–15
6Foreign investor remits share subscription fundsDay 15
7Share allotment board resolutionWithin 60 days of remittance
8Form FC-GPR filed with RBI (FIRMS Portal)Within 30 days of allotment
9GST Registration + Profession Tax + MSMEWeek 3–4
10Annual KYC, ROC compliance, FEMA reporting set upOngoing

Company Structures Available for NRIs & Foreign Investors

  • Private Limited Company (Pvt Ltd) — Most common for NRI-promoted businesses. Allows 100% FDI under automatic route in most sectors. Requires minimum 2 directors (1 must be Indian resident) and 2 shareholders
  • Wholly Owned Subsidiary (WOS) — 100% owned by foreign parent company. Treated as an Indian company for all compliance purposes
  • Limited Liability Partnership (LLP) — FDI allowed only under government approval route (not automatic). NRIs can be designated partners but one partner must be Indian resident
  • Liaison Office / Branch Office — Requires RBI approval. Cannot carry on commercial activity — only representational or limited banking operations

FEMA Compliance After Incorporation — Ongoing Obligations

  • Form FC-GPR — File within 30 days of each share allotment to foreign investor
  • Form FC-TRS — When NRI/foreign shareholder transfers shares to/from Indian resident
  • Annual Return on Foreign Liabilities & Assets (FLA) — Filed by July 15 every year with RBI if the company has outstanding FDI
  • Form FCGPR-B (ECB) — If foreign loan/ECB is drawn by the Indian company

Dealintax handles all post-incorporation FEMA filings on your behalf. Most NRI promoters living outside India rely on us as their India compliance team — handling ROC, GST, PT, ITR, and RBI filings year-round. Learn more about our Company Incorporation services or GST Registration.

Why Secunderabad-Based Dealintax is the Ideal Partner for NRI Companies

  • 31+ years handling NRI and FDI incorporations in Hyderabad and Secunderabad
  • Single point of contact for incorporation, FEMA, GST, PT, MSME, trademark, and annual compliance
  • Time-zone aware — we work with NRI clients in USA, UK, Canada, Australia, UAE, and Singapore
  • Nominee Resident Director service available while you establish India presence
  • Company incorporated in 7 working days — Certificate of Incorporation guaranteed
  • 2,000+ clients including multinational branch offices, NRI startups, and Canada-to-India market entry companies

Frequently Asked Questions — NRI Company Setup in India

📞 Set Up Your India Company the Right Way — Call +91 95531 30070
Free consultation for NRIs, FDI companies & foreign nationals. Hyderabad & Secunderabad.

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