Onesto Consultancy

Legal & Regulatory Compliance India.
India Desk

The legal side of India,
handled completely.

A foreign company incorporated in India is not a foreign entity with an Indian presence. It is an Indian company with a foreign parent. That single distinction carries profound regulatory implications that many foreign businesses discover too late, at the cost of penalties, director disqualification, and operational disruption.

Onesto coordinates every aspect of legal and regulatory compliance for foreign companies operating in India. We work alongside qualified Indian lawyers and chartered accountants so that nothing falls through the gap between strategic advice and specialist execution.

Shashank Malik — Founder & CEO
LLB · Advocate · MA Economics · PhD International Law (Universidad de Deusto, in progress)
Six Practice Areas

End-to-end, from
incorporation to scale.

Six distinct practice areas keeping your India operations legally sound from incorporation through to ongoing scale. Every area coordinated end-to-end by Onesto with specialist Indian counsel.

01

Company Registration

Entity selection, MCA incorporation filing end-to-end, PAN, TAN and GST registration, registered office setup, and Director Identification Number (DIN) and Digital Signature Certificate. We guide the right structure for your sector: Pvt Ltd, Liaison Office, Branch Office, or LLP.

  • Entity selection: Pvt Ltd, Liaison Office, Branch Office, LLP
  • MCA incorporation filing end-to-end
  • PAN, TAN, and GST registration
  • Registered office setup and documentation
  • Director Identification Number (DIN) and DSC
02

FDI & Regulatory

FDI route assessment (automatic vs government approval), DPIIT and RBI reporting obligations, FEMA compliance and FC-GPR filings, SEBI compliance, and import licensing and sector-specific approvals. Choosing the wrong structure creates capital repatriation problems that require costly restructuring later.

  • FDI route assessment: automatic vs government approval
  • FEMA compliance and FC-GPR filings
  • DPIIT and RBI reporting obligations
  • Import licensing and sector-specific approvals
03

Contract Drafting

Distributor and agency agreements for Indian law, joint venture and shareholder agreements, NDAs and confidentiality agreements, employment and consultant contracts, and supply chain and trade agreements. European contracts frequently contain clauses that are unenforceable under Indian contract law.

  • Distributor and agency agreements for Indian law
  • Joint venture and shareholder agreements
  • Employment and consultant contracts
  • Supply chain and trade agreements
04

IP Protection

Trademark registration before market entry, patent and design filing coordination, copyright registration for creative and software assets, and infringement monitoring and enforcement advisory. India operates a first-to-file trademark system — waiting until your brand is visible means someone else can file first and legitimately block your entry.

  • Trademark registration before market entry
  • Patent and design filing coordination
  • Infringement monitoring and enforcement advisory
  • Brand protection strategy for the Indian market
05

Dispute Resolution

Dispute and arbitration clause drafting in contracts, pre-litigation commercial mediation, arbitration coordination through qualified counsel, cross-border enforcement advisory, and distributor and partner exit structuring. Prevention through correctly drafted contracts is always cheaper than resolution through litigation.

06

Ongoing Compliance

Annual ROC filings (MGT-7, AOC-4), GST return filing (GSTR-1, GSTR-3B), Director KYC management (DIR-3 KYC), labour law advisory, and transfer pricing documentation for related-party transactions. India's tax administration is fully automated — missed deadlines compound daily from day one.

  • Annual ROC filings: Form MGT-7, AOC-4
  • GST return filing: GSTR-1, GSTR-3B
  • Director KYC management (DIR-3 KYC)
  • Labour law advisory: EPF, ESI, minimum wages
  • Transfer pricing documentation
Common Mistakes We Prevent

Most India compliance problems
are entirely preventable.

They happen when European assumptions are applied to Indian law without local knowledge. Here is how we stop them before they start.

Clarity.
“

The goal is not to protect against every conceivable risk. That is paralysing and expensive. The goal is to identify the specific legal risks that matter for your company in your sector, address those properly, and proceed with clarity.

Shashank Malik  /  Founder, Onesto · LLB · Advocate · PhD International Law

Common Questions

India compliance. Answered.

The questions foreign companies ask us most often about India's legal and regulatory landscape. Honest answers, no jargon.

How long does company incorporation in India take for a foreign company?
Typically 4 to 8 weeks for a Private Limited Company (Wholly Owned Subsidiary), assuming documentation is prepared and apostilled correctly from the home country. A Liaison Office takes longer due to mandatory RBI approval. A Branch Office requires both MCA and RBI clearance. We manage the full process and coordinate with our Indian legal partners throughout, including obtaining the Digital Signature Certificate and Director Identification Number for foreign directors.
What is FEMA and why does it matter for a foreign company in India?
FEMA stands for the Foreign Exchange Management Act, 1999. It governs all cross-border transactions involving foreign companies operating in India, including FDI inflows, profit repatriation, royalty payments, and inter-company loans. Every foreign investment must be reported to the RBI within specific timelines. Failure to file FC-GPR, FC-TRS, and FLA returns results in compounding penalties. We manage all FEMA reporting as part of our regulatory compliance service.
Do I need to register for GST in India as a foreign company?
Yes, if your Indian entity is supplying goods or services and crosses the GST registration threshold, or if you are a non-resident taxable person supplying into India. GST registration is mandatory before commencing taxable supplies. The threshold is INR 2 million for most states, but registration is mandatory regardless of turnover in certain circumstances including inter-state supply.
Can I own 100% of an Indian company as a European investor?
Yes, in most sectors. India's FDI policy permits 100% foreign ownership through the automatic route in the majority of industries including manufacturing, FMCG, IT services, and consulting. However, sectors such as defence, media, insurance, and retail have different limits or require government approval. We assess the applicable FDI route for your specific sector before any structure is filed.
What is transfer pricing and does it apply to my company in India?
Transfer pricing rules apply if your Indian subsidiary transacts with its foreign parent or related entities — purchasing goods from the European parent, paying royalties, or receiving management fee charges. Indian transfer pricing law requires these transactions to be priced at arm's length and documented with a Transfer Pricing Study. Failure to maintain adequate documentation exposes your entity to adjustment and penalties during assessment.
How does Onesto handle legal work if you are not an Indian law firm?
We act as the strategic coordinator and commercial layer. Our founder's legal background (LLB, Advocate qualification, PhD in International Law) means we understand the legal substance deeply. We work alongside practising Indian lawyers and chartered accountants registered with the Bar Council of India and the Institute of Chartered Accountants of India. They provide specialist execution. We provide strategic coherence and client-facing coordination that keeps everything joined up.

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