Foreign Company Registration

Foreign Company Registration in India

Foreign nationals/ Foreign Companies can form a company in India through any of entry strategy mentioned below (India Subsidiary Registration)

As an Indian Company (Indian Subsidiary)

1. Wholly Owned Subsidiaries ( 100% Indian Subsidiary )
2. Joint Ventures with other Indian Companies in case 100% FDI is not permitted

As a Foreign Company (Not having commercial operations in India)

1. Liaison Office/Representative Office
2. Project Office
3. Branch Office

ENTRY AS AN INDIAN SUBSIDIARY IN INDIA (FOREIGN COMPANY REGISTRATION)

To open a Wholly Owned Subsidiary in India (WOS INDIAN SUBSIDIARY) , foreign entity should be registered as an Private limited company. Section 2(42) of the Companies Act, 2013, defines a foreign company as a company or a body corporate incorporated outside India and which has a place of business whether by itself or through an agent, in this country. Reserve bank of India permits 100% FDI in majority of sectors expect defense , agriculture and Real Estate

DOCUMENTS REQUIRED

1. Indian Subsidiary requires addition documents in addition to the one mention for Private limited company
2.Lets under stand the process of Private limited company registration as an INDIAN SUBSIDIARY (WOS)

Private Limited Company Registration (Foreign company)

Companies Act 2013 governs the registration of Private limited companies which lays down the procedure for registering and managing a company and its affairs, Ministry of corporate affairs through www.mca.gov.in which is its E-Portal manages the compliance under the companies act and all company formation related formalities must be done through this e portal

Steps Involved For Foreign company Registration

Registering a private limited company requires a support of CA/CS/Lawyer as the legal procedures are involved in it, it’s a complicated process but do not worry our team of experts will take care of these issues
Step 1: Apply RUN ( Reserve Unique Name Form ) (Name Availability)
Step 2: Obtain DSC and Form SPICE INC-32 (E Form used for Company Registration)
Step 3: Drafting of MOA & AOA (Physical Copy is used in Indian subsidiary Registration)
Step 4: PAN and TAN Application Along with Form SPICE INC -32 (E Form used for Company Registration)
Step 5: After completion of the above-mentioned process of company registration, RoC Issues Certificate of Incorporation

Documents Required

Documents required for Private Limited Company Registration through SPICe (INC-32)

For Indian Directors/Shareholders

• FORM INC 9 An Affidavit on a Stamp Paper stating that the directors are not disqualified and not have been convicted of an offense
• PAN CARD of directors and subscribers
• Proof of office address – Voter ID, OR passport
• Copies of utility bills that are not older than two months.

For Foreign Directors/Shareholders

• • Passport ( Notarised or Appostiled in their country) and counter attested by Indian embassy
  • No Pan Declaration and counter attested by Indian embassy)
  • INC -9
  • Address proof: Driving license, Residence card, Government issued a form of identification containing an address
  • Copies of utility bills ( Telephone Bill or Bank Statements) that are not older than two months ( Compulsory for incorporation of companies)