Register Your French Company in India

Company Registration for French Companies in India

France has been a significant investor in India, with cumulative FDI inflows exceeding USD 10 billion. French multinationals — including Renault, Dassault, Schneider Electric, Capgemini, and L'Oréal — have established substantial operations across manufacturing, IT services, defence, luxury goods, and energy sectors. The India-France Strategic Partnership, launched in 1998, has deepened economic cooperation through defence deals, nuclear energy collaboration, and the International Solar Alliance.

French companies planning to enter the Indian market most commonly register a Wholly Owned Subsidiary (WOS) structured as a Private Limited Company. This structure provides full operational control, limited liability, and the same regulatory treatment as any domestic Indian company. It is eligible for government contracts, sectoral incentives like PLI (Production-Linked Incentive), and FDI under the Automatic Route.

Other options include a Branch Office (suitable for companies that want to carry out business activities without creating a separate entity, though subject to higher tax at approximately 35%), a Liaison Office (limited to communication and promotional activities), and a Joint Venture with an Indian partner. For a detailed comparison, see French SARL vs. Indian Pvt Ltd.

How France's DTAA Affects Company Registration

The India-France DTAA, originally signed in 1992, is being updated by an amending protocol signed in February 2026, which is not yet in force (it takes effect once both countries complete their internal ratification procedures). Understanding both the current treaty and the pending changes is essential for structuring your Indian entity and planning profit repatriation.

Key withholding tax rates currently in force under the India-France DTAA:

• Dividends: 10% (the pending protocol will replace this with a split rate — 5% where the French beneficial owner holds at least 10% of the Indian company's capital, and 15% in other cases — once it enters into force)
• Interest: 10% withholding on interest payments
• Royalties and Fees for Technical Services: 10% withholding

Pending changes under the February 2026 amending protocol (effective once in force):

• Dividend Tax Restructuring: The protocol introduces a split rate — 5% for holdings of at least 10% and 15% for other cases — and deletes the Most-Favoured-Nation (MFN) clause from the protocol.
• Broader Capital Gains Taxation: India will gain expanded rights to tax capital gains from share sales by French investors. This means disposals of shares in an Indian company by a French entity will be potentially taxable in India.
• Permanent Establishment Provisions: A subsidiary itself does not create a PE, but service contracts, construction projects, or employees deputed to India for extended periods could trigger PE exposure for the French parent.

For a comparison of how different DTAAs treat similar provisions, see India-Germany DTAA vs. India-France DTAA.

Document Requirements from France

France is a founding member of the Hague Apostille Convention, so French documents can be authenticated via apostille rather than embassy legalisation. Apostilles are issued by the Cour d'appel (Court of Appeal) for notarial documents, the Préfet for administrative documents, and the Ministry of Foreign Affairs for certain categories. See our comparison: Apostille vs. Embassy Attestation.

From the French Parent Company (SARL/SAS/SA)

• Kbis extract (extrait Kbis) — official proof of registration from the Registre du Commerce et des Sociétés (RCS), apostilled
• Board Resolution (Procès-verbal du Conseil d'Administration) or Shareholders' Resolution authorizing India investment — notarized and apostilled
• Statuts (Articles of Association) — apostilled certified copy
• Latest audited financial statements (last 2-3 years)
• Power of Attorney (Procuration) in favour of the Indian representative — notarized and apostilled
• UBO declaration identifying ultimate beneficial owners

From Proposed Directors

• Valid passport copies — notarized and apostilled
• Address proof (justificatif de domicile — utility bill, bank statement, or tax notice, not older than 2 months) — notarized and apostilled
• Passport-size photographs
• PAN card or PAN application for Indian directors
• Proof of Indian residency for the Resident Director

Indian-Side Documents

• Registered office address proof (rental agreement or sale deed)
• NOC from the property owner
• Utility bill for the premises (not older than 2 months)

Translation Note: Documents in French must be accompanied by certified English translations. The translations should be done by a sworn translator and apostilled along with the original documents.

Step-by-Step Company Registration Process

Step 1: Obtain Digital Signature Certificate (DSC)

Every proposed director requires a Class 3 Digital Signature Certificate (DSC) for electronically signing MCA portal submissions. French directors submit apostilled passport copies and address proof to an Indian Certifying Authority. Issuance takes 1-2 business days.

Step 2: Apply for Director Identification Number (DIN)

Each director needs a unique Director Identification Number (DIN) from MCA. For French nationals, the DIN application requires apostilled identity and address documents. This is a one-time lifetime registration.

Step 3: Reserve Company Name via RUN

Use MCA's RUN (Reserve Unique Name) service to reserve your desired company name. You can propose up to two names, and the RoC typically approves within 2-3 business days. The name must end with "Private Limited" and comply with the Companies Act, 2013 naming regulations.

Step 4: File SPICe+ Form

The SPICe+ form is India's single-window incorporation application. It integrates company registration with PAN, TAN, EPFO, ESIC, Professional Tax, and bank account opening — all filed simultaneously.

Step 5: Draft and File MOA and AOA

Prepare the Memorandum of Association (MOA) defining your company's business objects and authorized capital, and the Articles of Association (AOA) establishing governance rules. Both are uploaded with the SPICe+ form.

Step 6: Receive Certificate of Incorporation

Upon RoC approval, you receive the Certificate of Incorporation, CIN, PAN, and TAN. The Indian subsidiary is now a legal entity ready for operations.

Step 7: Post-Incorporation Compliance

• Open a corporate bank account with an authorized dealer bank
• Receive capital from France and file Form FC-GPR with RBI within 30 days of share allotment
• Apply for GST registration if applicable
• File INC-20A (commencement of business declaration) within 180 days
• Register under the applicable Shops and Establishment Act

Timeline and Costs for French Companies

The typical timeline for a French company to register a subsidiary in India is 2-4 weeks, provided all documents are apostilled and translated:

Government fees scale with authorized capital. Professional fees for complete incorporation support typically range from INR 30,000 to INR 80,000. Additional costs include apostille and certified translation fees in France (approximately EUR 50-150 per document), which should be budgeted for.

Common Challenges for French Companies

1. Language and Translation Requirements

All documents submitted to the MCA portal must be in English. French-language documents — including the Kbis extract, Statuts, and board resolutions — require certified English translations by a sworn translator (traducteur assermenté). Allow an additional 3-5 business days for certified translations and ensure the translated documents are apostilled alongside the originals.

2. Resident Director Identification

Indian law mandates at least one director who has resided in India for a minimum of 182 days in the preceding financial year. French companies often appoint a local Indian professional (such as a Chartered Accountant or lawyer) or an existing French expat living in India to fulfil this requirement.

3. Understanding the Pending DTAA Protocol (signed Feb 2026)

The amending protocol signed in February 2026 — not yet in force — will introduce split dividend rates and broader capital gains taxation once ratified. French companies should model the potential tax impact before finalizing their investment and profit repatriation strategy, particularly if they plan to hold a minority stake or if an eventual exit is anticipated.

4. Defence and Nuclear Sector Considerations

France has significant defence and nuclear cooperation with India. These sectors have specific FDI caps — defence allows up to 74% FDI under the Automatic Route (100% in certain cases under the Government Route), while nuclear energy FDI is governed by bilateral agreements. French companies in these sectors should consult sector-specific regulations before structuring their entity. Read our analysis: France-India Defence and Nuclear Opportunities.

5. FEMA Compliance and Reporting

FEMA compliance is non-negotiable. The 30-day FC-GPR deadline, annual FLA return (July 15), and Annual Return on Foreign Liabilities and Assets must be strictly adhered to. Late filings trigger FEMA compounding proceedings before the RBI.

Why Choose BeaconFiling

BeaconFiling brings deep experience helping French companies navigate India's regulatory framework. We understand the specific considerations for French investors — from certified translation workflows to the implications of the February 2026 DTAA amending protocol. Our services include:

• End-to-end company registration — DSC through bank account opening
• Certified translation coordination and apostille guidance
• FEMA compliance — FC-GPR filing, FLA returns, and ongoing RBI reporting
• Ongoing annual compliance management — ROC filings, statutory audit, tax returns, GST
• Transfer pricing documentation and advisory
• Sector-specific guidance for defence, nuclear, and technology investments

Whether you are setting up a WOS of a French SAS, forming a joint venture, or exploring a branch office, BeaconFiling ensures your India entry is smooth and compliant. With offices familiar with both French and Indian regulatory systems, we bridge the documentation, language, and compliance gap that French companies often encounter when entering the Indian market.

Frequently Asked Questions