Business Registrations For Foreign Companies And Foreign Nationals

• Indian Private Limited Company must have Minimum two share holders and two Directors
• One of the directors must be an Indian Resident i.e. (Must be stayed in India for 182 days or more in the preceding year.)
• There is no requirement for the Indian Citizen to be a shareholder in the company. (100% FDI is allowed in automatic mode)

BASIC DOCUMENTS AND INFORMATIONS REQUIRED FOR COMPANY INCORPORATION

CASE 1 : Foreign national is residing in native country

If native country is a signatory of Hague convention

Attested & Apostatized Original Copy of

• Address Proof Copy
• Passport copy
• Authorization letter, Attesting Officer Proof
• Authorized Signatory Proof (In case of Foreign Company)

If native country is not a signatory of Hague convention

Attested Original Copy of

• Address Proof Copy
• Passport Copy
• Authorized Signatory Proof (In case of Foreign Company)

CASE 2 : Foreign national residing in India

Certified documents by Individual Embassy

• Resident Permit certificate issued by Assistant Foreigner Regional Registration Officer an officer of Bureau of Immigration India.
• Passport Copy
• Address Proof in INDIA
• Business Visa (Compulsory)

STEPS FOR THE INCORPORATION OF THE COMPANY

STEP 1 : Digital Signature For Foreign Nationals & Indian Nationals

DSC must be obtained for all the Subscribers of the company for their DIN issuance as well as for signing INC- 33 & INC-34.

STEP 2 : Obtaining Director Identification Number and Name Approval

Once DSC is issued, DIN needs to be applied for all the Directors and it is required for every individual intending to become a Director of a company in India.

After the issuance of DIN Number we can now apply for the company Name for its Approval from the Ministry of Corporate Affairs OR we can directly apply for the incorporation of the Company with direct method.

STEP 3 : Receiving the documents from the Foreign Nationals which are Subscribers

Once the Name gets approved we need some specific documents for the Foreign Nationals which need to be uploaded for the Final Incorporation.

CASE 1 : Foreign national is residing in native country

• DIR- 2 (In case he is also a Director)
• INC -9
• Declaration for not obtaining the PAN (If Applicable)
• MOA & AOA Subscribers Sheet

If the native country is a party to the Hague Apostille Convention then we need all above mentioned documents Notarized and Apostatized (BOTH)

If the native country is a Commonwealth Nation then we need all above mentioned documents Notarized Only.

If the native country is neither a Commonwealth Nation nor a party to the Hague Convention then we need all above mentioned documents Notarized and need to get attested by a Diplomatic or Consular Officer.

CASE 2 : Foreign national residing in India

We need certified documents by Individual Embassy

• DIR- 2 (In case he is also a Director)
• INC -9
• Declaration for not obtaining the PAN (If Applicable)
• Address Proof in INDIA
• Business Visa (Compulsory) (Only not applicable if the Foreigner is having a POI or OCI)

Rest other Documents of the India Subscribers and Registered Office will be as usual as per the Normal case.

In case a foreign company is a subscriber to the MOA & AOA of the proposed Indian Company:

The Foreign entity subscribing to the shares of the Indian company the following documents must be submitted.

• Board Resolution of The Foreign Entity authorizing Investment in shares of the Indian company.
• Copy of the Certificate of Incorporation of the Foreign entity
• Copy of address proof for the foreign company.

After accepting the documents with application, the Registrar would issue a Certificate of Incorporation PAN & TAN for the Indian Private Limited company.

Once the incorporation certificate is obtained, the Indian company can apply for a bank account for the company in India.

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