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ARTICLE · 17 OCTOBER 2025

How To Set Up An Offshore Subsidiary In India?

Maheshwari & Co. Advocates & Legal Consultants
Maheshwari & Co. Advocates & Legal Consultants
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An offshore subsidiary setup in India, what investors commonly call "setting up an offshore presence" in India is in fact incorporating an Indian subsidiary (or creating a branch/liaison/project office).

IndiaCorporate/Commercial Law
Maheshwari & Co.
Maheshwari & Co.

An offshore subsidiary setup in India, what investors commonly call "setting up an offshore presence" in India is in fact incorporating an Indian subsidiary (or creating a branch/liaison/project office).

For a foreign business looking to expand into India, the most common route is to establish a subsidiary company under Indian law. In business conversations this is sometimes loosely referred to as an "offshore subsidiary in India." Legally, what you are creating is a company incorporated in India, registered under the Companies Act, 2013, and treated as a domestic entity, even though its shareholding is controlled by a foreign parent.

Why does this matter?

Because from day one, such a subsidiary is governed by Indian corporate law, Indian tax law, and India's Foreign Direct Investment (FDI) policy. Unlike a branch or liaison office, a subsidiary gives the foreign parent a full commercial footprint: the ability to hire employees, acquire property, enter

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