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Setting Up a Company in India from the US: What the First 60 Days Actually Look Like

Thinking about registering a company in India from the US? You’re not alone. More US founders are setting up Indian entities than ever before. And most of them ask the same question first: how long will this take?

The honest answer is four to eight weeks. That’s the short version. But the real story is in the details. Let’s walk through it, step by step.

Why US Founders Set Up in India

Before we get into the timeline, it helps to know why this move makes sense in the first place. India has a large, skilled talent pool. Costs are lower than in the US for many roles. And having a local entity makes it easier to hire, sign contracts, and build trust with Indian customers and partners.

A US company can operate in India without local registration in some cases. But most founders find that a proper Indian entity opens more doors. It lets you hire full-time staff, open a local bank account, and avoid the extra paperwork that comes with cross-border contracts.

The Big Picture

Setting up a company in India from the US involves five main steps. You pick a structure. You gather documents. You file for incorporation. You open a bank account. You report your funding to the Reserve Bank of India.

None of these steps are hard on their own. But they don’t happen all at once. And a few of them can drag on if you’re not ready. Let’s break down what each stage actually looks like.

Choosing Your Structure

Most US founders go with a wholly owned Private Limited Company. This means your US company owns 100% of the Indian entity. It’s the simplest and most common structure for this kind of setup.

A Private Limited Company gives you limited liability. It also makes it easier to raise funds later, hire employees, and build credibility with Indian banks, vendors, and clients. Some founders look at a Liaison Office or a Branch Office instead, but these come with more restrictions on what kind of business you can actually do. For most startups and growing businesses, the Private Limited route is the right call.

Week 1 and 2: Getting Your Documents in Order

This is where most of your time gets spent. Not on Indian paperwork. On US paperwork.

Here’s what you need to do in this window:

  • Reserve your company name through the SPICe+ form on the MCA portal
  • Apply for a Digital Signature Certificate for each director (this takes a day or two)
  • Get your passport and address proof notarized and apostilled
  • Line up a resident director (you can’t incorporate without one)

The apostille step is the slow one. Depending on your US state, it can take one to three weeks. Start it on day one. This is where most delays happen.

You’ll also need to find a resident director during this window. Indian law requires at least one director on your board who has lived in India for a certain number of days in the past year.
Many founders don’t realize this until late in the process. Sort it out early, because you cannot file for incorporation without it.

2026 update: The MCA has added new checks at this stage. Every director now needs to complete OTP verification by mobile and email. You also need to give the exact GPS location of your registered office in India. Miss either step, and your form gets sent back for resubmission. Build in extra time for this, especially if this is your first time filing.

Week 3 and 4: Filing for Incorporation

Once your name is approved and your documents are ready, you file the full SPICe+ form. This single form covers a lot of ground. It handles your Director ID Number, your company’s PAN, and your TAN, all at once. This bundling is one of the reasons the actual filing step moves faster than people expect.

If your paperwork is clean, you’ll get your Certificate of Incorporation in about seven to ten working days.

A detail worth knowing: Your name approval is only valid for 20 days. If you don’t file the rest of your paperwork within that window, you lose the name and have to start over. Time your document prep so it lands inside this window, not around it.

This part of the process moves fast. The Indian government has spent years simplifying it. Most delays happen before this stage, not during it. Once your documents are in order, incorporation itself is often the easiest part of the whole journey.

Week 5 and 6: Opening a Bank Account

Now you need an Indian bank account. This is the second common slowdown point, and it catches a lot of founders off guard.

Banks run extra checks on any company with foreign directors or shareholders. This is called enhanced KYC, and it exists to prevent fraud and money laundering. Plan for two to four weeks here. Many banks now offer video KYC, which helps if your directors are still in the US. But expect some back and forth on documents, since banks often ask for extra paperwork partway through.

Don’t sign a customer or hire anyone until this account is open. It’s tempting to move fast on the business side while you wait, but without a working bank account, you can’t pay staff, receive funds, or complete other steps that come next.

Week 6 through 8: Funding and RBI Reporting

Once your bank account is live, your US parent company can wire in the share capital. The moment that money lands, a 30-day clock starts.

You have to report the investment to the Reserve Bank of India using Form FC-GPR, filed through your bank’s FIRMS portal. Missing this deadline can lead to penalties, so this is not a step to push aside. This step overlaps with your banking stage, which is why it runs alongside it instead of after it.

At the same time, you’ll handle a few other registrations:

  • GST registration, if your business needs it based on turnover or activity
  • Professional tax, required in some states
  • EPFO and ESIC, if you’re hiring staff in India

None of these are difficult on their own. But they add up, and someone on your team needs to track deadlines for each one.

What’s New in 2026

The MCA has proposed a major set of changes to how company incorporation works in India. These changes were published in April 2026. As of now, they are still proposed, not final. But they’re worth knowing about if you’re planning your setup for later this year.

Here’s what could change:

  • Foreign director documents get simpler. Right now, you need apostilled or notarized documents. Under the new proposal, a foreign director would only need to submit a valid passport. If this becomes law, it removes one of the slowest parts of the entire process, and could shave real time off your setup.
  • EPFO and ESIC become optional at incorporation. Right now, these get bundled in whether you need them or not. Under the new rule, you could skip them until you’re actually ready to hire local staff.
  • More directors allowed. The cap on how many directors can get a DIN during incorporation rises from three to five. This helps larger founding teams who want everyone on the board from day one.
  • Office checks get lighter. Right now, the MCA can send someone to physically check your registered office. Under the new rule, this would only happen in certain cases. Co-working spaces would also be officially accepted as valid business addresses, which is good news if your Indian team is starting out of a shared office.

None of these changes are active yet. But if you’re setting up your company in the last few months of 2026, it’s worth checking whether they’ve been finalized before you start your paperwork the old way.

What Actually Causes Delays

Based on what we see again and again, here’s what slows founders down the most:

  • A late apostille. This is still the number one cause of delay. It happens on the US side, and it’s completely avoidable if you start early.
  • Name rejections. The MCA rejects names that are too close to an existing company. Always have two or three backup options ready before you file.
  • Bank KYC. Foreign-owned accounts face extra scrutiny. Have every document ready before you apply, not after the bank asks for it.
  • Waiting too long to pick a resident director. This needs to happen in week one, not week four. Founders often treat this as an afterthought, and it ends up holding everything else back.
  • Missing the new portal requirements. OTP checks and GPS tagging are new. Skip them, and your form bounces back, which can cost you a week or more.

So, Four Weeks or Eight?

If your documents move fast and you already have a resident director in place, six weeks is realistic. Four weeks is possible.

If you’re in a slow apostille state and opening a bank account from scratch, eight weeks is the more honest number.

The one thing you control is when you start. Founders who treat the apostille and the resident director search as day-one tasks, running side by side with everything else, are the ones who finish on the short end of that range. The founders who wait to start these steps almost always end up on the long end, even if nothing else goes wrong.

None of this has to be complicated, and you don’t have to figure it out alone. FinGuru India maps out your entire setup timeline before you begin, runs every step in parallel, and keeps the apostille and bank stages from sitting on your critical path. Book a call with FinGuru India and let’s get your India entity up and running the right way.

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