Showing posts with label foreign company registration in india. Show all posts
Showing posts with label foreign company registration in india. Show all posts

Thursday, December 23, 2021

international companies in india

Selecting the type of Company in international companies in india-
According to FEMA guidelines, Foreign Direct Investment (FDI) is not allowed in case of Proprietorship, Partnership Firm and international companies in india. Though investment in LLP’s is allowed, but it requires prior approval of the RBI. and international companies in india.
Hence, the easiest and fastest way set up a business in international companies in india by NRI’s and Foreign Nationals/entities is through international companies in india.
Minimum requirements international companies in india-

Documents required for Private Limited Company Registration for NRIs and Foreign Nationals


For Directors/Shareholders
One Photograph
Copy of Passport
Copy of Address proof - Driving License/Voter ID
Copy of Bank Statement/Mobile Phone/Landline Telephone Bill
Copy of Business Visa and Proof of Stay in India

NOTE: All the above documents should be notarized by a Public Notary and Appostilled/Consularized by the Competent Authority of the foreign country.

For Company Address
Proof of Registered Address – Sale Deed/Rental Agreement
Copy of Utility bill - Electricity/Landline telephone/Gas Bill - not older than two months.
No Objection Certificate for use of premises, if required

Choosing a Name for your Private Limited Company

Certain important points should be kept in mind when choosing a name for private limited company registration:
  • Make sure that the Company name is unique and does not resemble the name of any other existing Company or LLP.
  • It is easier to obtain a name if it depicts the objects of your company.
  • The name should not include any word which is a registered trademark or has been applied for Trademark registration.

Start-up of Foreign Business in India


The procedure for foreign company registration in India begins by selecting a type of company to enter the Indian market or start business operations in India. There are the following two ways:
  1. 1.       Registration of a company
  2. 2.       Setting up a Liaison Office or Representative/Project Office or a Branch Office of the foreign company

For the foreign company registration in india, the investor must firstly, decide the type of company (Private Ltd. or Public Ltd.). A private limited company offers limited liability or the legal protection for its shareholders but this adds certain restrictions on its ownership and also enjoys the privileges given over public company as per the Companies Act, 2013 whereas a public limited company is whose stocks are traded in a stock exchange and can be sold and bought by anyone (public) and requires following numerous rules and regulations as per the Companies Act, 2013.
Therefore, incorporating a private limited company is the easiest and the fastest way of setting up a foreign business in India. Similarly, when a foreign company brings in 100% FDI through automatic route in India, it becomes Wholly Owned Subsidiary Company of that Foreign Company. In this case, it becomes an entity whose whole share capital is owned by that foreign company. So, it can be a private company which is limited by guarantee or limited by shares or by unlimited liability company.

foreign subsidiary registration in india

Selecting the type of Company in foreign subsidiary registration in india-
According to FEMA guidelines, Foreign Direct Investment (FDI) is not allowed in case of Proprietorship, Partnership Firm and foreign subsidiary registration in india. Though investment in LLP’s is allowed, but it requires prior approval of the RBI. and foreign subsidiary registration in india.
Hence, the easiest and fastest way set up a business in foreign subsidiary registration in india by NRI’s and Foreign Nationals/entities is through foreign subsidiary registration in india.

RBI Compliances

A two-stage reporting procedure is to be followed when a company is raising funds from a foreign investor:
  • foreign company registration in india
  • On receipt of funds: The Company has to provide details in an “Advance Reporting Form” to the RBI within 30 days of receiving funds from foreign investor(s).
  • The company has to issue shares within 180 days from the date of receiving funds.
  • On allotment of shares: The company has to report in specified form (FC-GPR) to the RBI, within 30 days from the date of issue of shares along with:
– A Certificate from the Company Secretary certifying that the company has complied with the procedure for issue of shares as laid down under the Foreign Direct Investment (FDI) Scheme, and, Procedure for setting up of wholly owned subsidiary in India.
– A certificate from a Chartered Accountant indicating the manner of arriving at the price of the shares issued to the foreign investors.
Apart from the above, Annual return on Foreign Liabilities and Assets is required to be submitted reporting all the investments received during the year.

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.