| Private Limited CompanyCompanies Act, 2013Most common for US NRIs | Startups, service businesses, anything raising capital or taking on investors | Up to 100% in most sectors under the automatic route. Shares can be held on repatriable or non-repatriable basis. | Min. 2 directors and 2 shareholders; one director must be India-resident. You can be director and majority owner. | Annual ROC filings, audit, board process |
| Limited Liability PartnershipLLP Act, 2008 | Professional services, small consulting or trading operations with a trusted partner | Foreign investment allowed in sectors with 100% automatic-route FDI and no performance conditions. | Min. 2 partners; at least one designated partner must be India-resident. | Lighter than a company; audit above thresholds |
| One Person CompanyFor Indian citizens | Solo founder who wants limited liability and full control | Available to NRIs holding Indian citizenship since the 2021 amendment; not for US citizens/OCI. | Single member and director; nominee required. | Fewer meetings; annual filings still apply |
| Partnership firmPartnership Act, 1932 | Small family businesses already operating informally | NRI capital only on a non-repatriation basis, with conditions; sector limits apply. | Unlimited liability; relies on partners in India. | Minimal, but weak for investors and banks |
| Wholly-owned subsidiaryof your US company | US business expanding operations, hiring or delivery to India | US entity holds the shares; automatic route in most sectors. | Same board rules as a Pvt Ltd; parent-company documents need apostille. | Plus transfer-pricing documentation |
| Branch / liaison officeRBI approval based | Established foreign companies with a track record, limited to permitted activities | No Indian entity; the US company operates directly. | Approval driven; liaison offices can't earn income in India. | Annual activity certificate, RBI reporting |