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Delaware C-Corps for Indian resident founders
Purpose-built for Indian FEMA-resident founders
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Post-incorporation filings
India-specific templates
ODI workflow built-in
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FEMA-compliant language
Structure-aware flows
LLP + subsidiary setup
Choose your structure, we handle the rest
US TopCo (India subsidiary)
Create India LLP(s)
All Indian FEMA-resident founders must create their Indian LLP and open the LLP's bank account.
Prepare ODI filing
Prepare draft ODI documentation and seek preliminary approval from the LLP's banker. After approval, begin US incorporation.
US incorporation
File the Certificate of Incorporation for your Delaware C-Corp.
Post-incorporation setup
Adopt bylaws, appoint directors and officers.
EIN application
Apply for your Employer Identification Number. A few minutes (SSN) or 4-6 weeks (fax flow).
Set up US banking
Pre-filled information from your legal paperwork. Can begin once EIN is submitted.
Issue founder stock
Issue stock to founders or their Indian LLPs. Uses India-specific SPA templates.
Post-Issuance Compliance
83(b) election filing
File within 30 days of stock issuance. Locks in tax basis at grant-date value.
File BE-13 COE with US Treasury
Must be done within 45 days of stock issuance. Filed directly on the Inkle platform.
Provide stock agreements to RBI
Must be done within 60 days of stock issuance.
US stock plan adoption
Adopt and allocate shares to a company stock plan for future equity awards.
Indian subsidiary formation
Form an Indian subsidiary to do business and hire employees in India.
India TopCo (US subsidiary)
Incorporate India Pvt. Ltd.
Skip if you already have an existing India entity.
Start ODI approval process
Begin ODI approval work. Once banker gives go-ahead, start US incorporation.
US subsidiary incorporation
File Certificate of Incorporation as a subsidiary of your Indian parent.
Post-incorporation setup
Set up as subsidiary. Adopt bylaws, appoint directors.
EIN application
Apply for your Employer Identification Number.
Set up US banking
Pre-filled from your legal paperwork.
Inkle joins your account as a team member
Inkle comes onboard as a member on your account and takes you through every step.
We join your account
Inkle gets added as a team member. No extra software, no separate logins.
We handle the heavy lifting
From filing your Certificate of Incorporation to completing the post-incorporation setup - we are with you throughout.
You stay in control
Full visibility into every document. Review, approve, and sign
Simple, transparent pricing
No per-document fees or surprise charges.
$999
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Why Inkle Incorporate
First incorporation platform built for India
Handles FEMA, ODI, India-specific equity docs, and the full LLP-to-subsidiary structure — all in one place.
No hidden costs
Certificate of Incorporation to equity plans to FEMA-compliant SPAs — all included.
Saves you $3,000-5,000+ in legal fees
Indian founders typically spend $3-5K separately on lawyers for FEMA compliance.
Full lifecycle coverage
SAFEs, option grants, board consents, fundraising docs — all available as you grow via Clerky's Company Lifetime Package.
India-Side Costs
$999
FAQs
US topco: LLPs take about a month to create (formation, getting a bank account, starting the ODI process). Then the paperwork for the US parent takes just minutes to handle. Subsequently setting up a wholly owned subsidiary in India (a private limited company) takes about another month or so.
India topco: setting up a India Private Limited (Pvt Ltd) company takes a few weeks to do fully. The US subsidiary just takes a few minutes. Wiring the ODI payment from the Indian parent to US subsidiary takes a week or two more.
Usually yes, when FEMA rules require you to hold the US stock through it. The LLP has to exist before it can be recorded as the shareholder.
An LLP takes two to three weeks, which is why it sets the pace of the whole sequence. Our India incorporation page covers the order.
US TopCo means the Delaware entity sits at the top and owns the Indian one. India TopCo inverts it, with an Indian private limited company owning the US entity.
US TopCo is what American investors expect and what makes a US exit straightforward. Flipping later triggers Indian regulatory approvals and tax, so decide before incorporating.
Everything: C-Corp formation, bylaws, EIN and Bank account setup, India-specific SPAs, Clerky's Company Lifetime Package, which includes Equity Docs, SAFE Docs, NDAs, and much more. Managed 83(b) elections by Clerky, at $149/founder.
Because that is the entity that employs your Indian team, holds Indian contracts, and pays Indian payroll taxes. The US parent cannot do those things directly.
It also gives you a clean transfer pricing arrangement between the two entities. More on holding structures.
BE-13 reports new foreign direct investment into a US business, filed when a foreign person establishes or acquires one.
It is triggered by the transaction rather than by a calendar, so it is easy to miss entirely. Penalties apply for not filing when required.