Under Section 3(1) (b) of Companies Act, 2013 foreign company can establish make foreign investment in India by forming a company under the Companies Act, 2013 formally known as a wholly-owned subsidiary. Wholly Owned Subsidiary (Incorporate as a Private Company), one Foreign Holding Company will act as a Shareholder Along with one Nominee shareholder to fulfill the minimum of the requirement of a shareholder. There are no restrictive provisions under the Companies Act, 2013 which prohibits the appointment of any foreign nationals or NRI as a director in an Indian Company. However, the provision under section 149 states that every company must have at least one Indian director.
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