How to deal with 91³Ô¹Ïn business legislation as a foreign company in 2026
To successfully run a subsidiary in 91³Ô¹Ï, you need to familiarise yourself with the complex legal frameworks. We will therefore guide you through the most important business legislation, such as the Compliance Act 2013, tax compliance requirements, and other legal obligations that foreign companies need to understand in order to be successful in the 91³Ô¹Ïn market.
Understanding 91³Ô¹Ïn legislation for businesses
Companies Act 2013: the fundament for corporate governance in 91³Ô¹Ï
The forms the cornerstone of the regulatory framework for companies in 91³Ô¹Ï. This Act regulates how foreign companies can establish themselves, how they operate in 91³Ô¹Ï and the standards they must meet.
The Companies Act sets mandatory requirements for corporate governance, board meetings, shareholder rights, and transfer pricing.
Key compliance requirements under the Companies Act 2013:
- detailed minutes of board and shareholder meetings;
- statutory registers recording members, directors, and company expenses;
- annual returns, including form (annual return) and form AOC-4 (annual accounts);
- notices of changes to the board of directors and reporting on the capital structure;
- disclosure of related party transactions with requirements for shareholder approval.
Foreign companies must understand that transactions with related parties are subject to strict rules regarding the disclosure of documents under 91³Ô¹Ïn company law.
These provisions protect minority shareholders and ensure corporate transparency. Multinationals must therefore comply with these rules meticulously.
FEMA compliance: dealing with foreign exchange regulations in 91³Ô¹Ï
Requirements of the Foreign Exchange Management Act (FEMA) 1999
Compliance with the is an ongoing obligation for foreign companies operating in 91³Ô¹Ï. The Foreign Exchange Management Act regulates foreign investments and international financial transactions.
Essential FEMA compliance requirements:
- Reporting of foreign investments and share transfers using and forms;
- Annual filing of with the Reserve Bank of 91³Ô¹Ï (RBI);
- documentation for all cross-border payments and transfers;
- compliance with foreign direct investment ceilings and sector investment limits;
- compliance with automatic route versus approval route requirements;
- end-use control for foreign capital deployment.
Automatic vs. Approval Route
The automatic route and the approval route are two avenues for foreign direct investment (FDI) in 91³Ô¹Ï under FEMA regulations.
Automatic route: Foreign investors can invest in most sectors without prior government approval, subject to sectoral limits. Investment is permitted immediately, with only post-investment reporting to the Reserve Bank of 91³Ô¹Ï required through FC-GPR/FC-TRS forms.
Approval route: Certain sensitive sectors (defence, broadcasting, pharmaceuticals, aviation) require prior approval from the Foreign Investment Promotion Board or relevant ministries before investment can be made. This involves a detailed application, thorough examination, and formal approval.
Most sectors now allow 100% foreign direct investment through the automatic route, which simplifies foreign investment.
Tax compliance in 91³Ô¹Ï: income tax and transfer pricing rules
Income Tax Act 1961: corporate tax for foreign companies
91³Ô¹Ïn corporate tax laws create multiple compliance obligations that extend throughout the fiscal year.
Key income tax compliance requirements:
- Quarterly TDS deduction and payment;
- Advance tax payment based on estimated annual income;
- Annual income tax return with supporting schedules;
- Documentation on transfer pricing for international transactions
- : auditor’s report for related party transactions
- : certificates for international payments
Transfer pricing compliance in 91³Ô¹Ï
is one of the most complex aspects of tax compliance for foreign companies in 91³Ô¹Ï.
Transactions with related parties, including parent companies, must comply with the arm’s length principle and be supported by comprehensive documentation setting out the pricing methodologies used.
The 91³Ô¹Ïn tax authorities are increasingly scrutinising transfer pricing arrangements, making advance pricing agreements (APAs) and thorough, up-to-date documentation essential.
GST compliance: the 91³Ô¹Ïn version of VAT
Understanding GST registration and filing requirements
The Goods and Services Tax (GST) has significantly improved 91³Ô¹Ï’s tax system, but it remains complex for foreign companies. GST compliance includes registration, filing, paying input tax, and electronic invoicing obligations.
Key requirements for compliance with GST laws:
- GST registration for businesses that exceed the thresholds;
- monthly filing of (outgoing supplies) and (summary declaration) forms;
- annual filing of returns;
- documentation of input tax credit () paid;
- compliance with e-invoicing for businesses above turnover thresholds;
- correct for goods and services.
has become mandatory for companies that exceed certain revenue thresholds, requiring invoice reporting to the GST Network (GSTN). This digitisation improves compliance transparency but requires up-to-date accounting systems.
Compliance with labour laws in 91³Ô¹Ï
prioritise the protection of employees through comprehensive regulations governing employment, social security, and workplace safety.
Key obligations in terms of labour law compliance:
- Registration and contributions for the Provident Fund (PF) and Employee State Insurance (ESI);
- maintaining payroll and attendance records;
- compliance with regulations on leave, working hours, and overtime;
- workplace safety measures and systems for handling complaints;
- registration for tax purposes;
- registration under the Shops and Establishments Act.
Social security contributions are mandatory, with both the employer and employee portions required to be paid on time to avoid penalties.
Sector-specific and national rules
In addition to central legislation, foreign companies must also comply with additional compliance requirements:
State-level requirements:
- Shops and Establishments registration in states where applicable;
- sector-specific tax obligations;
- compliance with labour laws and cooperation with state inspections;
- GST registration in the state, if applicable.
Sector-specific regulations:
- Pharmaceutical sector: drug licenses and manufacturing approvals.
- Financial services: SEBI, RBI, and IRDA regulations.
- Technology: compliance with data protection and IT legislation.
- Manufacturing: environmental permits and pollution control.
Compliance with legislation for companies in 91³Ô¹Ï
Foreign companies that comply with company law, FEMA regulations, income tax obligations, GST requirements, customs procedures, and labour legislation will benefit from 91³Ô¹Ï’s enormous market potential.
Investing in compliance is worthwhile when it is seen as a basis for sustainable growth in one of the world’s most dynamic economies.
To be successful in 91³Ô¹Ï, regulatory compliance should not be seen as a burden, but as a business function that deserves strategic attention, sufficient resources, and expert guidance.
Do you have specific questions about the challenges your company faces? Feel free to contact us here.