Foreign Subsidiary Incorporation in India: List of Incorporation documents to be executed

List of Incorporation documents to be executed for incorporation of subsidiary of foreign company in india.

Subscriber sheet of Articles of Association
Subscriber sheet of Memorandum of Association
Declaration by Director in form DIR 2
Declaration of Director in Form INC 9

Generally, the incorporation documents for incorporation of subsidiary of foreign company in india. are required to be self-attested by Indian Nationals. However, in case of Foreign Nationals, the process is as under:

In the documents are signed outside India, then the same have to be notarized by a Public notary of the residence country and consularized or apostilled by the competent authority, as the case may be.

If the documents are signed in India, then copy of Visa and stamped passport, proving his/her presence in India at the time of signing is required.

If the subscriber is a foreign entity, then the Incorporation documents should be signed by the representative of the foreign entity.An Authorization Letter duly stating the name of the Authorized Person and the number of shares subscribed should be notarized, consularized or apostilled, as the case may be in the home country of the subscriber company.

Once the Incorporation application for incorporation of subsidiary of foreign company in india. is approved, the Registrar would issue a Certificate with a Corporate Identification Number (CIN). The PAN and TAN of the Company would also be allotted simultaneously.

Treatment of Share Capital invested by the Holding Company and required compliances for incorporation of subsidiary of foreign company in india:

Foreign Investments in Indian Companies are regulated by FEMA Guidelines and the Reserve Bank of India. Whenever the holding company invests funds in the share capital of the Indian subsidiary, it has to follow RBI guidelines along with compliances under Companies Act 2013.